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Ineffective Attempts to Protect Texas Prisoner Were Sufficient by The Fifth Circuit Court of Appeals reversed a district court’s denial of summary judgment to prison officials who had failed to safeguard a Texas state prisoner, saying their ineffective attempts to protect him were sufficient. Gregory Moore was incarcerated at the …
Article • June 15, 2010 • from PLN June, 2010
Sixth Circuit: RLUIPA Does Not Permit Monetary Damages by The Religious Land Use and Institutionalized Persons Act (RLUIPA) does not allow money damages for violations of that statute, the U.S. Court of Appeals for the Sixth Circuit held on April 24, 2009. The Court entered its decision in an appeal …
Illinois: Disabled Detainees’ Discrimination Claims May Proceed to Trial by In a lengthy and well-reasoned opinion and order, U.S. District Court Judge Elaine E. Bucklo, for the Northern District of Illinois, denied cross-motions for summary judgment in a class-action suit brought by paraplegics and partially-disabled pre-trial detainees currently and formerly …
No Qualified Immunity for Denial of Protective Custody to Ohio Prisoner by The Sixth Circuit Court of Appeals affirmed a lower court’s denial of qualified immunity in an Ohio prisoner’s lawsuit raising a failure to protect claim. Ohio prisoner George Hamilton was the target of a “hit” by the Aryan …
Article • June 15, 2010 • from PLN June, 2010
New York City Jail: $275,000 Settlement in Prisoner-on-Prisoner Assault by The City of New York paid $275,000 to settle a prisoner’s lawsuit claiming he sustained serious injuries as a result of a guard’s negligence. The suit was filed by Ryan Scott, who was incarcerated at the George R. Vierno Center …
Article • June 15, 2010 • from PLN June, 2010
California: Prison Appeals Coordinator Who Rejected Dental Complaints Held Liable for $1,500 in Damages by Proceeding pro se, California prisoner Earnest C. Woods II survived a summary judgment motion and was awarded $500 in compensatory damages and $1,000 in punitive damages after a jury found that CSP-Solano Appeals Coordinator Santos …
Florida Prisoner Exonerated by DNA After Serving 35 Years by David Reutter by David M. Reutter After 35 years of proclaiming his innocence for the kidnapping and rape of a 9-year-old boy, James Bain, 54, was finally proven innocent and released from a Florida prison on December 17, 2009. Of …
Article • June 15, 2010 • from PLN June, 2010
Fourth Circuit Holds Individual Capacity Damage Claims Unavailable Under RLUIPA by The Fourth Circuit Court of Appeals has held that the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §§ 2000cc et seq., does not authorize individual capacity damages actions. The Court’s ruling came in the appeal of …
Ninth Circuit Holds Prosecutors Immune for Parole Recommendations by Mark Wilson The Ninth Circuit Court of Appeals has held that prosecutors are absolutely immune for making parole recom-mendations. Liza Brown shot her husband to death and entered into an oral plea agreement. “During the plea colloquy, the prosecutor stated that, …
Article • June 15, 2010 • from PLN June, 2010
Ninth Circuit: Race-Based Prison Lockdowns Must Satisfy Strict-Scrutiny Standard by In a ruling with potentially wide-ranging implications, the Ninth Circuit held that race-based prison lockdowns fail to meet the strict-scrutiny standard announced by the U.S. Supreme Court in Johnson v. California, 543 U.S. 499, 505-07 (2005) [PLN, July 2005, p.22], …
New York Prisoner Gets Mixed Verdict in Retaliatory Beating Ruling by The Second Circuit Court of Appeals delivered a mixed verdict in an appeal by New York state prisoner Cesar A. Espinal. Espinal’s § 1983 suit, which was filed pro se, accused a total of 14 guards and other prison …
Article • June 15, 2010 • from PLN June, 2010
Federal Circuit Rejects Prisoner’s Claim of Copyright Infringement by The U.S. Court of Appeals for the Federal Circuit affirmed the dismissal of a federal prisoner’s copyright infringement suit filed against Federal Prison Industries, Inc. (FPI, also known as UNICOR), the prison sweatshop arm of the U.S. Bureau of Prisons. While …
Summary Judgment Reversed in Illinois Jail Suicide Suit by The Seventh Circuit Court of Appeals reversed a lower court’s grant of summary judgment to Illinois jail officials stemming from the in-custody suicide of a federal pretrial detainee. On April 13, 2005, Stanley Bell was confined at the St. Clair County …
DC Circuit Reverses CCA/TransCor Non-Exhaustion Dismissal by The U.S. Court of Appeals for the District of Columbia (DC) Circuit reversed a district court’s dismissal of a prisoner’s lawsuit for failure to exhaust administrative remedies and for conceding summary judgment by failing to respond to the defendants’ summary judgment motion. The …
Article • June 15, 2010 • from PLN June, 2010
California: Indefinite Civil Commitment of Sexually Violent Predators May Violate Equal Protection by In a January 28, 2010 ruling, the California Supreme Court held that Prop. 83, a November 2006 ballot initiative also known as Jessica’s Law, may violate constitutional guarantees of equal protection by subjecting sexually violent predators (SVPs), …
Reversal of Summary Judgment on 55-Day New York SHU Placement Claim by The Second Circuit Court of Appeals has reversed the grant of summary judgment to a prison hearings officer in a lawsuit concerning a prisoner’s improper placement in administrative segregation. On January 3, 2001, New York state prisoner Samuel …
Brief • June 15, 2010
Ervin v Snell Wy Order Snitch Jacketing 2010 Case 2:09-cv-00044-WFD Document 39 Filed 06/15/10 Page 1 of 16 FILED u.s. DISTRICT COURT DISTRICT OF WYOMING JUN 15 2010 Stephan Harris, Clerk Casper United States District Court - - - - - - - - For The District of Wyoming - …
Brief • June 15, 2010
Yudenko v Guarini Et Al Pa Memo Strike Costs Lost Civil Suit by Indigent Prisoner 2010 Case 2:06-cv-04161-LS Document 103 Filed 06/15/10 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ANDREY YUDENKO, Plaintiff v. VINCENT GUARINNI, et al. Defendants : : : …
Brief • June 14, 2010
Cole and Page v County of Los Angeles Ca Settlement Medical Negligence Wrongful Death Juvenille 2010 COUNTY OF LOS ANGELES OFFICE OF THE COUNTY COUNSEL 648 KENNETH HAHN HALL OF ADMINISTRATION 500 WEST TEMPLE STREET LOS ANGELES, CALIFORNIA 90012-2713 TELEPHONE (213) 974-1838 FACSIMILE ANDREA SHERIDAN ORDIN County Counsel June 14,2010 …
Brief • June 14, 2010
Indreland v Yellowstone County Mt Settlement Satanism Religious Freedom 2010 Case 1:08-cv-00047-RFC-CSO Document 79-1 Filed 06/14/10 Page 1 of 4 IN IN THE THE UNITED UNITED STATES STATES DISTRICT DISTRICT COURT COURT FOR FOR THE THE DISTRICT DISTRICT OF OF MONTANA MONTANA BILLINGS DIVISION DIVISION BILLINGS JASON PAUL PAUL INDRELAND …
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