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Judge Recommends Denial of Suppression Motion Related to Recordings Obtained from CCA by U.S. Magistrate Judge Robert E. Larsen has recommended the denial of a motion to suppress phone recordings of a plot to harm a federal witness obtained by the government through a Rule 17 subpoena without a court …
Article • May 15, 2010
Ninth Circuit Holds VA Benefits can Be Used to Help Pay for Incompetent Veteran's Subsistence by The Ninth Circuit has held that the Veteran's Benefits Act, which makes benefits earned by United states military veterans "exempt from the claims of creditors" (38 U.S.C. § 5301 (a) (1)), does not prohibit …
Prisoner Convicted of Retaliating Against Federal Witness by On August 21, 2009, the U.S. Court of Appeals for the Tenth Circuit affirmed the conviction and sentence of a man accused of retaliating against a federal witness. Carl Pursley, Jr. and Wendell Wardell were charged with tax fraud. The government’s star …
Article • May 15, 2010
Tenth Circuit Upholds Use of Stun Belt on Defendant by On September 22, 2009, the U.S. Court of Appeals for the Tenth Circuit affirmed the conviction and sentence of a man accused of retaliating against a federal witness. In upholding the conviction and sentence, the court rejected a challenge to …
Colorado Sheriff Liable for Guard’s Sexual Assault on Detainee by The Tenth Circuit reversed the dismissal of a female detainee’s complaint holding that the sheriff had knowledge of jail conditions that were substantially likely to result in the sexual assault of the detainee. Huerfano County, Colorado detainee Michelle Tafoya filed …
Article • May 15, 2010
Deportation Order Not Determinative of SSOSA Sentence in Washington State by The State of Washington Court of Appeals has held that a trial court abused its discretion when it refused to consider a special sex offender sentencing alternative (SSOSA) based on its mistaken belief that it lacked authority to impose …
Article • May 15, 2010
Federal Court Upholds Kansas Prison Regulation Banning Publications Depicting Bare Buttocks by A Kansas federal district court has held that prison officials may censor publications that depict bare buttocks. The ruling came in a civil rights action that alleged the prison policy that banned publications with such depictions violated the …
Article • May 15, 2010
Washington State Pays $1,200 for Property Damage Incurred in Botched Arrest Warrant by On February 12, 2007, Vancouver, Washington resident Nathan Miller filed a claim alleging Washington DOC was responsible for property damages he incurred the previous month. DOC supervisor, Scott Wilcox, was serving a warrant at Mr. Miller's address …
Article • May 15, 2010
$3,000 Settlement on DC Prisoner’s Medical Negligence Suit by The District of Columbia paid $3,000 to settle the lawsuit of prisoner Lawrence Davis, Jr. for injuries sustained due to medical negligence. While at the D.C. jail on September 5, 2001, Davis requested medical care for a problem with his left …
City of Salem Settles §1983 Suit for $105,000 by City of Salem Settles §1983 Suit for $105,000 The City of Salem, Oregon has agreed to settle a civil rights suit that raised a variety of different claims surrounding the arrest and detention of a family and their children. On February …
NY City Settles ADA/RA Suit for $400,000 by On August 2, 2007, the City of New York agreed to settle a suit brought by a handicapped man who was injured while being transported to Rikers Island. According to Devin Sayers’ complaint, guards did not secure his wheelchair to the floor …
Article • May 15, 2010
Washington DOC Agrees to Pay $87,000 to Settle False Imprisonment Suit by On April 1, 2008, the Washington Department of Corrections (DOC) agreed to pay $87,000 to a former prisoner who was incarcerated 339 days beyond his lawful release date. On September 7, 2000, Chris Weddle was sentenced for unlawful …
Los Angeles County Agrees to Pay $150,000 to Settle Vehicular Collision Claim by On December 29, 2009, the County of Los Angeles agreed to pay $150,000 to a man who was injured during a vehicle wreck with an LA County Sheriff’s deputy. On April 26, 2006, Arnulfo Prado was hit …
Juvenile Abused at D.C. Jail Settles for $31,000 Plus Attorney Fees by On December 19, 2002, a juvenile abused while on a field trip at a District of Columbia jail settled her federal 42 U.S.C. § 1983 lawsuit for $31,000. In addition, attorney fees were awarded by the U.S. District …
Ohio County Jail Settles Sex Suit for $30,000 by On September 14, 2006, Medina County, Ohio agreed to settle a 42 U.S.C. § 1983 suit by a woman who claimed that she was sexually exploited by guards. Tammy DeCosta sued Medina County after Kathy Hastings, a guard at the Medina …
New York City Agrees to Pay $97,500 to Settle Deliberate Indifference Suit by On March 14, 2008, the City of New York agreed to settle a lawsuit stemming from the assault of a prisoner under the direction of a guard. Schmi Caballero was brutally beaten by another prisoner with a …
Article • May 15, 2010
D.C. Prisoner Stabbed by Unknown Assailant Settles for $15,000 by On March 25, 2005, the District of Columbia agreed to pay $15,000 to settle with plaintiff Gary Rowe, who sued the district seeking compensation for injuries he sustained when he was stabbed in a jail shower. According to Rowe’s complaint, …
Article • May 15, 2010
D.C. Prisoner Assaulted by Guard Settles Claim for $17,500 by On February 24, 2004, plaintiff Emmett Spencer-El settled his federal 42 U.S.C. § 1983 claim against the District of Columbia, the D.C. Department of Corrections and guard C. Everett for $17,500. Spencer-El claimed that on March 28, 2001, while in …
Article • May 15, 2010
Washington DOC Pays Prisoner $1,000 for Injury by On June 19, 2005, Washington state prisoner, Daniel Erickson, filed a claim against the DOC seeking $2,000 in damages for injuries he suffered while performing his assigned job. He accused DOC staff of negligence in failing to properly secure a manhole cover, …
Washington DOC Pays Work Release Prisoner Back $3,660 Confiscated in Room Search by In January 2007, Washington state prisoner, Kenneth Lee, was housed at a work release facility in Seattle. During a search of his room, DOC staff discovered $3,600 in cash, which was confiscated because it exceeded the $60 …
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