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Article • October 15, 2009
Connecticut Prisoners’ FOIA Indigence Determination Cannot Include Cost of Incarceration by Connecticut’s Freedom of Information Commission (Commission) has declared void a Connecticut Department of Corrections (CDOC) policy that denied fee waivers to indigent prisoners who file Freedom of Information (FOI) requests. The Commission ordered the CDOC to use the same …
Article • October 15, 2009
Failure to Provide Services for Deaf Pre-Trial Detainee States ADA Claim by The Tenth Circuit Court of Appeals reversed a grant of summary judgment against a former pre-trial detainee who alleged Americans with Disabilities Act (ADA) violations for failing to provide him with services or accommodation for his deafness. The …
Article • October 15, 2009
California Court Explains Interaction Between Prison Administrative Appeal, State Tort Claim, Notice of Suit and 42 U.S.C. § 1983 Remedies by California Court Explains Interaction Between Prison Administrative Appeal, State Tort Claim, Notice of Suit and 42 U.S.C. § 1983 Remedies In an unpublished opinion, the California Court of Appeal …
California Prison Guard’s First Amendment Rights Upheld in Job-Related Retaliation Complaint by The U.S. District Court for the Northern District of California upheld a prison guard’s complaints in a Title VII job action claiming that prison officials retaliated against her in violation of her First Amendment rights, and the Ninth …
Compensation for Wrongful Texas Conviction Not Barred by Prior Suit, Not Assignable by On June 8, 2007, the Texas Supreme Court held that compensation for wrongful imprisonment under Chapter 103, Texas Civil Practice and Remedies Code (CP&RC), was not barred by a previous lawsuit and settlement. However, such compensation was …
Article • October 15, 2009
Delaware Prisoners May Sue Over Secure Housing Placement Pending Sentencing by The Third Circuit U.S. Court of Appeals held that three Delaware prisoners who were awaiting trial/sentencing could sue the state for having allegedly improperly housed them in a restrictive Security Housing Unit (SHU). David Stevenson and Michael Manley had …
Article • October 15, 2009
$42,500 Settlement By City of Baltimore in Excessive Force Arrest Suit by The City of Baltimore, Maryland paid $42,500 to settle the excessive use of force claim during arrest brought by Anthony E. Chase. On December 3, 2005, around midnight, Chase was arrested by officer Eric L. Thomas and another …
$1.95 Million Settlement in Michigan Man’s Taser Death by Michigan’s Shelby Township has paid $1.95 million to settle a lawsuit that claimed police used excessive force by using a Taser that resulted in a man’s death. Police confronted Steven Spears, 49, on August 4, 2007, after receiving a 911 call …
Article • October 15, 2009
Filed under: Police, False Arrest
$50,000 Award in New York False Arrest Claim by A New York jury awarded a man $50,000 for being falsely arrested. The arrest for possession of stolen property came after someone had stolen a laptop computer from the Administration of Child Services office. As a result of his arrest, Bernard …
Article • October 15, 2009
$90,000 Settlement for Tasering Epileptic by Washington State’s City of Lakewood paid $90,000 to settle the claim of a man who was tasered and punched after having an epileptic seizure. The man, identified as Mr. Grider, had a history of epileptic seizures that he quickly recovered from. While at work, …
Article • October 15, 2009
$110,000 Award for Florida Man Falsely Arrested for Child Molestation by A Florida jury awarded a man $10,000 for being falsely arrested on a child molestation charge. Following the verdict, the trial court awarded the man an additional $100,000. The plaintiff lived next to a 5-year-old girl. In 2005, the …
Article • October 15, 2009
Filed under: Police, False Arrest
$550,000 Settlement in California False Arrest by The County of Los Angeles has paid $550,000 to settle the false arrest claim of Darryl Titus. He was arrested on February 9, 2005, on a felony charge of vandalism. The charge stemmed from a January 29, 2004, report by the owner of …
Article • October 15, 2009
Florida DOC’s Pen Pal Advertisement Prohibition Challenged by The operators of two pen pal advertising services have filed a federal lawsuit challenging the Florida Department of Corrections’ rule that prohibits prisoners from receiving information from or posting ads with pen pal advertisement services. The lawsuit was filed by the Florida …
Article • October 15, 2009
No Damages for Georgia Prisoner Left Paraplegic After Prisoner Attack by A former Georgia prisoner won a liability claim against a guard at the Ware State Prison, but was not awarded damages. While serving a life sentence, Henry Leroy Martin was told by guard Timothy Bagley to remove another prisoner’s …
Texas Prisoners Still Dying in Houston Jails, Among Other Problems by Gary Hunter Clarence Freeman’s hot check turned out to be his death warrant after it resulted in his arrest and incarceration at the Harris County Jail in Houston, Texas, where he was fatally assaulted by a guard. On New …
Article • October 15, 2009 • from PLN October, 2009
From the Editor by Paul Wright On August 25, 2009, Senator Ted Kennedy died of brain cancer. With his passing prisoners lost one of the few advocates they had in the US Senate. Not surprisingly, mainstream media accounts largely ignored this aspect of Senator Kennedy’s long career. Probably the highlight …
Article • October 15, 2009 • from PLN October, 2009
Fifth Circuit: Special Parole Review Request Doesn’t Toll AEDPA Limitations by The Fifth Circuit Court of Appeals held that improperly-filed state habeas corpus applications and requests to the parole board for special review do not toll the one-year AEDPA limitations period established by 28 U.S.C. § 2244(d). Barry Michael Wion, …
Article • October 15, 2009 • from PLN October, 2009
Megan’s Law Preempts Local New Jersey Sex Offender Ordinances by The New Jersey Supreme Court affirmed a lower court’s order that invalidated two townships’ ordinances restricting where registered sex offenders could live. The March 24, 2009 ruling held that the statewide Megan’s Law takes precedence over local statutes that impose …
Article • October 15, 2009 • from PLN October, 2009
“Habeas Hints” by Kent A. Russell by Kent Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on habeas corpus under AEDPA, the 1996 habeas corpus law which now governs …
Article • October 15, 2009 • from PLN October, 2009
Perpetrators and Enablers of Torture in the US by Corey Weinstein by Corey Weinstein, MD, CCHP During the past 25 years I’ve spent a lot of time with survivors of torture, men and women enduring long term solitary confinement in California’s prisons. They are the most urgent victims of US …
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