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Article • February 15, 2009 • from PLN February, 2009
Supreme Court of Canada: No Wage Loss Compensation While in Prison Caused by Sexual Assault by Staff by Supreme Court of Canada: No Wage Loss Compensation While in Prison Caused by Sexual Assault by Staff On February 8, 2008, the Supreme Court of Canada ruled that a prisoner cannot recover …
Nominal Damages for Atlanta Georgia Jail’s Ban on Magazines, Books and Newspapers by On April 17, 2008, a Georgia federal court granted a prisoner summary judgment and nominal damages in a lawsuit over a jail policy that barred prisoners from receiving books, newspapers and magazines. David Robertson was incarcerated in …
Utah Sex Offender Internet Registry Statute Violates First Amendment by Mark Wilson On September 25, 2008, a federal court in Utah enjoined the enforcement of an amended statute requiring the state’s 7,000 registered sex offenders to report all of their Internet identifiers, including user names, passwords and website addresses. In …
No Private Cause of Action for Businesses Complaining that Competitor Unfairly Used Prison Labor by John Dannenberg No Private Cause of Action for Businesses Complaining that Competitor Unfairly Used Prison Labor by John E. Dannenberg The Washington Water Jet Workers Association (“Water Jet”) sued the Washington Department of Corrections (WDOC), …
More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case by More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case Three prisoners involved in two federal civil rights lawsuits against officials of the Hillsborough County House of Corrections in New Hampshire (the jail) were awarded …
Ex-Mayor Returned to Prison After Misleading BOP to Enter Drug Program by Brandon Sample Ex-Mayor Returned to Prison After Misleading BOP to Enter Drug Program by Brandon Sample Bill C. Campbell, the former mayor of Atlanta, Georgia, was returned to federal prison after it was discovered he had lied to …
Article • February 15, 2009 • from PLN February, 2009
Kitsap County, Washington Jail Settles Public Records Act Suit for $125,000 by Kitsap County, Washington Jail Settles Public Records Act Suit for $125,000 On May 16, 2008, the Kitsap County Sheriff’s Office agreed to pay $125,000 to a former prisoner for violations of Washington’s Public Records Act. In September 2006, …
Class Action Disability Discrimination Suit Certified Against Cook County Jail in Illinois by Class Action Disability Discrimination Suit Certified Against Cook County Jail in Illinois On March 26, 2008, U.S. District Court Judge Elaine E. Bucklo certified a class action lawsuit against the Cook County Department of Corrections (CCDC) alleging …
Oregon Parolee Negligent Supervision Case Reinstated by The Oregon Court of Appeals reversed a lower court’s grant of summary judgment against a teenage girl who was raped by a violent parolee. In November 1997, 14-year-old Akilah Johnson was assaulted and raped by a stranger. More than four years later, on …
Transgender Idaho Prisoner Receives Hormone Therapy Pending Trial by A federal judge has ordered the Idaho Department of Corrections (IDOC) to provide hormone therapy to a prisoner with gender identity disorder pending trial. The preliminary injunction, issued July 27, 2007, was in response to a lawsuit filed by Jennifer Spencer, …
Governments, Not Prisoners, Must Pay Cost of Transporting Prisoner Witnesses by A federal court in Georgia held that costs taxed against an incarcerated litigant who lost his lawsuit could not include the cost of transporting prisoner witnesses to testify at trial. Dexter Palmer, a Georgia state prisoner, filed a civil …
Article • February 15, 2009 • from PLN February, 2009
Ohio DNA Specimen Law Ruled Not Retroactive by The Ohio Supreme Court held that a state law requiring convicted felons and some misdemeanants to provide DNA specimens could not be applied retroactively to offenders placed on supervised release before the law’s May 2005 effective date. On August 6, 2002, Craig …
Brief • January 19, 2009
Howard v. Clarkson, CO, Affidavit of Joseph Halligan, inmate threats extortion complaints, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 06-cv-00282-PAB-CBS SCOTT L. HOWARD, Plaintiff, v. CAPTAIN JOHN CLARKSON, in his individual capacity, LIEUTENANT HALLIGAN, in his individual capacity. LIEUTENANT DAVID BACKER, in his …
Article • January 15, 2009
Nevada DOC Psych Hearings Not Exempt From Suit As Judicial Proceedings by Nevada State pro se prisoner Robert Stockmeier appealed the 2002 dismissal of his action against the Nevada Department of Corrections (NDOC) for statutory procedure violations. A closed hearing led to his parole denial after uncharged accusations were heard …
Article • January 15, 2009
Vermont Orders Privacy vs. Public Interest Balancing In DOC Superintendent's Performance Evaluation Public Disclosure Request by Bob Williams By Bob Williams The Vermont Supreme Court has ordered a lower court to balance the privacy interests of Vermont Department of Corrections (VDOC) Superintendent Kathleen Lanman, of the Northern State Correctional Facility …
Article • January 15, 2009
Vermont Orders Privacy vs. Public Interest Balancing In DOC Superintendent's Performance Evaluation Public Disclosure Request by Bob Williams By Bob Williams The Vermont Supreme Court has ordered a lower court to balance the privacy interests of Vermont Department of Corrections (VDOC) Superintendent Kathleen Lanman, of the Northern State Correctional Facility …
Cook County Jail Conditions Unconstitutional, Charges Department of Justice by David Reutter Cook County Jail Conditions Unconstitutional, Charges Department of Justice by David M. Reutter On July 11, 2008, the U.S. Department of Justice’s Civil Rights Division issued a letter to officials at Illinois’ Cook County Jail (CCJ) which found …
Article • January 15, 2009 • from PLN January, 2009
TASER Avoids Liability in Three Deaths by Suing Medical Examiner by John Dannenberg TASER Avoids Liability in Three Deaths by Suing Medical Examiner by John E. Dannenberg Arizona-based TASER International, Inc. (TASER) was cleared of liability in the unrelated deaths of three drug-afflicted Ohio men who died shortly after being …
Article • January 15, 2009 • from PLN January, 2009
$3,540,402.22 Jury Award In California Wrongful Conviction Case by A California federal jury awarded $2 million to a man imprisoned 12 years for a rape/robbery he did not commit. The court also awarded him $1,368,834 in attorney fees, $6,500 in fees on fees, and $165,067.22 in costs (including $40,363.35 in …
Florida Prison Employees Awarded $630,000 for Subjection to Prisoner “Gunners” by Florida Prison Employees Awarded $630,000 for ?Subjection to Prisoner “Gunners” On May 15, 2008, a federal jury awarded $45,000 to each of 14 former female employees at Florida’s Martin Correctional Institution, finding the women had been subjected to lewd …
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