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$13,500 Settlement in Washington Sex Discrimination Claim; Public Records Act Violation by The State of Washington has paid $13,500 to settle the Public Records Act and gender discrimination suit of Marge Southard, a counselor for the Department of Social and Health Services (DSHS). Southard was employed by DSHS as a …
Article • January 15, 2010
$20,000 Settlement by King County in Assault, False Imprisonment Claim by Washington State’s King County has settled an excessive force and false imprisonment claim for $20,000. The claim, brought by Bradley T. Nebinger, sought compensation for injuries incurred at the jail on March 4, 2006. Nebinger claimed that he was …
Article • January 15, 2010
$100,000 Settlement in Assault and Battery Claim During Baltimore Youth’s Arrest by A $100,000 settlement was reached in a lawsuit that claimed a Baltimore City police officer was too aggressive when subduing a teenager, causing serious internal injuries. While patrolling an area on January 27, 2007, which had experienced a …
Article • January 15, 2010
CJA Reimbursements Unappealable, Tenth Circuit Decides by Attorneys appointed pursuant to the Criminal Justice Act (CJA) cannot appeal CJA compensation or reimbursements, the U.S. Court of Appeals for the Tenth Circuit decided February 24, 2009. William Lunn was appointed to represent Sheila French at a resentencing proceeding. Lunn submitted a …
D.C. Circuit Reaffirms That Guantanamo Detainees Have No Constitutional Rights by On remand from the United States Supreme Court, the U.S. Court of Appeals for the D.C. Circuit has again denied relief to four British nationals who alleged that their detention at Guantanamo Bay violated the Geneva Convention, the U.S. …
Article • January 15, 2010
Defendants Lack Standing To Challenge SORNA Under Tenth Amendment by On May 13, 2009, the U.S. Court of Appeals for the Eighth Circuit rejected on grounds of standing a Tenth Amendment and Administrative Procedure Act (APA) challenge to the Sex Offender Registration and Notification Act (SORNA). Scott Hacker pled guilty …
Eighth Circuit Rejects Failure to Protect Claim by On July 9, 2009, the U.S. Court of Appeals for the Eighth Circuit rejected a failure to protect claim brought by the family of a prisoner who was killed at the Sherburne County Jail in Minnesota. Carl Moyle was killed by his …
Article • January 15, 2010
Escapees Retain No Privacy Right From Searches by Prison escapees enjoy no Fourth Amendment right to privacy, the U.S. Court of Appeals for the Fifth Circuit decided February 26, 2009. Dan Ward was mistakenly released by state authorities after receiving a ten year sentence for being a felon-in-possession of a …
Article • January 15, 2010
First Circuit Rejects Internet, Pornography Restrictions on Sex Offenders by On January 21, 2009, the U.S. Court of Appeals for the First Circuit reversed two special conditions of supervised release imposed on a sex offender. The two conditions, one banning all internet use at home, the other prohibiting the possession …
Article • January 15, 2010
Filed under: Police, False Arrest
How To Survive an Arrest When You Haven't Done Anything Wrong by By James V. Cook* Racial profiling is real. If you're African-American and you're male, the chances are better than even that you will be stopped by law enforcement officers when you haven't done anything wrong. If you're African-American …
Article • January 15, 2010
Minnesota Holds DNA Testing Upon Arrest Unconstitutional by The Minnesota Court of Appeals has declared unconstitutional a state law mandating that biological samples be drawn for DNA testing upon arrest. A DNA sample may be taken for the purpose of producing evidence of a crime, but only after a warrant …
Ninth Circuit Rejects Retroactive Award of Attorney’s Fees under Open Government Act by On July 8, 2009, the U.S. Court of Appeals for the Ninth Circuit affirmed in part and reversed in part an award of attorney’s fees in a Freedom of Information Act (FOIA) and Administrative Procedure Act (APA) …
Article • January 15, 2010
No Appeal In Section 2255 Proceeding Until Defendant Is Resentenced by Federal courts of appeal lack jurisdiction to entertain appeals from the grant or denial of relief under 28 U.S.C. § 2255 until proceedings in the district court have been finalized, the U.S. Court of Appeals for the Third Circuit …
Supreme Court: No Due Process Right to Post-Conviction DNA Testing by On March 2, 2009, the United States Supreme Court ruled that there is no federal substantive due process right to post-conviction DNA testing. William G. Osborne, an Alaska state prisoner, was convicted of a 1993 kidnapping, assault and sexual …
Sweat Lodges in American Prisons (2005) by Significance of the Sweat Lodge Sweat lodges are salient features of a remarkable number of native traditions across North America from the Great Lakes to the Southwest. From Minnesota's Mille Lacs Ojibwe to Plains communities like the Lakota to Southwestern peoples like the …
California DOC’s Former Healthcare Receiver Overpaid Staff Benefits by $218,790 by Marvin Mentor A February 2008 “disbursement review” report by California’s Inspector General (IG) revealed that the state’s former federal court-appointed prison healthcare Receiver, Robert Sillen, had expended hundreds of thousands of dollars in questionable expenses for travel, in-lieu employee …
$26,000 Settlement for Public Records Violations by Washington Jail by Washington state’s Kitsap County Jail paid $26,000 to settle an Americans with Disabilities Act (ADA) claim that resulted in “catastrophic injuries” to a prisoner. The claim also asserted violations of Washington’s public records law. The claim was filed on behalf …
Brief • January 15, 2010
Mercado v City of New York Ny Amended Memo in Opp to Plf Mot to Disqualify Counsel Suicide Wrongful Death 2010 Case 1:08-cv-02855-BSJ-HBP Document 78 Case No. Filed 01/15/2010 Page 1 of 20 08-CV- 2855 (BJS) (SP) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK FRANK MERCADO et al., …
Brief • January 14, 2010
Hooper v San Diego County Ca Appellants Reply Brief Police Attack Dog Excessive Force 2010 U.S. Court of Appeals No. 09-55954 (U.S.D.C. No. CV 07-01647 JAH (CAB)) UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT _____________________________________________________ DEBORAH HOOPER, an individual, PlaintiffAppellant, vs. COUNTY OF SAN DIEGO; SAN DIEGO COUNTY …
Brief • January 14, 2010
Taylor v City of Oakland Ca Plf Trial Brief Class Action Strip Search 2010 4 JOHN L. BURRIS, Esq./ State Bar #69888 BENJAMIN NISENBAUM, Esq./State Bar #222173 LAW OFFICES OF JOHN L. BURRIS Airport Corporate Centre 7677 Oakport Street, Suite 1120 Oakland, California 94621 Telephone: (510) 839-5200 Facsimile: (510) 839-3882 …
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