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Reliance Solely On Guard's Version of Incident Improper by In an unpublished decision, the U.S. Sixth Circuit Court of Appeals reversed the summary judgment dismissal of a prisoner's civil rights action against Michigan prison guards holding that the district court had erroneously relied on the guards' version of disputed fats. …
Article • October 15, 2005
Court Allows Amendment, Adding New Defendants to Brutality Suit by The plaintiff sued over excessive force and now seeks to amend to add new defendants after the statute of limitations had run. Claims against new defendants relate back for limitations purposes only if they were not named because of a …
Article • October 15, 2005
Many U.S. Prisoners Give Birth In Chains by Michael Rigby Childbirth is sacred in most cultures. But for many female prisoners in the U.S., the process can be cruel and degrading. According to a March 1, 2006, report by the human rights group Amnesty International U.S.A., 23 state prison systems …
Article • October 15, 2005
OH State Court Must Determine Immunity Before Suit Filed; Guards Not Entitled to Qualified Immunity in Prisoner's Death by The Sixth Circuit Court of Appeals held that guards at the Southern Ohio Correctional Facility sued by the estate of a prisoner--who was beat to death by the guards--are not entitled …
Sexual and Physical Abuse at Florida Girl's Prison Under Investigation by By David Reutter In June, 2003, The State Attorney for Florida's Palm Beach County initiated a grand jury investigation into sexual assaults and physical abuse at the State's only maximum security prison for girls. In April, 2000, the Florida …
Article • October 15, 2005
Guard's Liability Unaffected by NY Prisoner's Guilty Plea in Excessive Force Claim; $38,000 in Damages Awarded, Plus Fees by A New York Federal District court has held that a prisoner's guilty plea to attempted assault does not preclude a guard's liability for use of excessive force. This holding came on …
Grand Jury Finds Criminal Conduct In Chicago Jail Prisoner Abuse Scandal by Matthew T. Clarke As previously reported in PLN, the Cook County Jail has been the scene of controversy involving the wanton beating of prisoners by an elite squad of guards known as the SORT team. [PLN Feb. 2004, …
What's Wrong With the ACA? by Elizabeth Alexander The American Correctional Association (ACA) is the largest and best-known organization of prison and jail staff in the country. It offers higher education programs designed to train prison industry professionals and, like a traditional professional association, it certifies persons as members in …
California Guards Union Intimidates Prison Staff For Infracting Guard Misconduct by California Correctional Peace Officers Association (CCPOA) local chapter president Chris Trott, of Calipatria State Prison in Imperial, admitted his union placed a rat trap on the prison CCPOA bulletin board in an intimidating retort to three union members having …
Brief • September 2, 2005
Heston v. City of Salinas, CA, Complaint, police taser death cardiac arrest, 2005 1 John Burton, State Bar No. 86029 THE LAW OFFICES OF JOHN BURTON 2 414 South Marengo Avenue Pasadena, California 91101 3 jb@johnburtonlaw.com Telephone: (626) 449-8300 4 Facsimile: (626) 449-4417 5 Attorneys for plaintiffs Betty Lou Heston, …
Fatal Justice: The New Maryland by Michael Rigby It's a state already steeped in heritage--birthplace of The Star Spangled Banner, home to the U.S. Naval Academy in Annapolis, and site of the bloody Civil War battle at Antietam. But now Maryland is raising a new legacy: a system of dangerous …
Pennsylvania Jail Prisoner Settles Use-Of-Force Suit For $15,000 by On January 3, 2005, a Pennsylvania prisoner settled his claims of excessive use of force and deliberate indifference against Lackawanna County Prison officials for $15,000. According to the complaint, plaintiff Mario Ludovici was arrested on October 13, 2001, on a warrant …
New Hampshire Prisoner's Due Process Suit Nets $54,000 in Fees and Damages by A New Hampshire federal district court has awarded a prisoner $20,503 in nominal and punitive damages in a civil rights action alleging Fourteenth Amendment violations. The Court further awarded $31,000 in attorney's fees and $3,900 in costs …
Fifth Circuit Upholds $5,000 Excessive Force Verdict Against Wackenhut Guard by In an unpublished opinion, the Fifth Circuit Court of Appeals upheld a jury verdict finding that a prison guard used excessive force against a prisoner and awarding $5,000 in damages. Mississippi prisoner Thomas Unger sued Wackenhut (now Geo Corporation), …
Brain Dead California Prisoner Guarded Around The Clock by A California parole violator, who was declared brain dead from being shot in the head by a guard at 6,100 bed Wasco State Prison during a lounge-area fight, was guarded at a nearby Bakersfield hospital at a cost of $1,056/day in …
Ninth Circuit: Kicking Shackled Prisoner In Genitals Is Cruel And Unusual Punishment by When California Pelican Bay State Prison (PBSP) prisoner Christopher Watts filed a 42 U.S.C. § 1983 action against guards J. McKinney and S.J. Steinberg for kicking Watts in the genitals after an unsuccessful interrogation regarding PBSP guards …
Brief • August 11, 2005
Brown et al v. Esmor Correctional Services, NJ, Opinion approving settlement, immigration beating, 2005
Article • June 15, 2005 • from PLN June, 2005
Shocked and Stunned: The Growing Use of Tasers by Anne-Marie Cusac by Anne Marie Cusac High-powered tasers are the new fad in law enforcement. They are becoming ever more prevalent even as their safety is increasingly in question. The proliferation of tasers in police departments across the country has led …
Chicago Jail Still Rife With Prisoner Abuse, Crimes By Guards by Chicago Jail Still Rife With Prisoner Abuse, Crimes By Guards by Matthew T. Clarke The Cook County Jail in Chicago, Illinois, remains the scene of controversy involving beatings of prisoners, stealing of drugs held for evidence, and guards having …
Veteran California Prison Official Promoted Despite Checkered Past; Folsom Lieutenant Fired After Be by Veteran California Prison Official Promoted Despite Checkered Past; Folsom Lieutenant Fired After Being Convicted Of Lying In June, 2004, Jonathan L. Cobbs was promoted to the $97,000/yr. Chief Deputy Warden position at the California Correctional Institution …
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