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Article • September 15, 2009
California Prisoner Rights Cases Projected To Cost State $8 Billion Over Five Years by Eight judgments in class-action prisoners' rights actions during the last dozen years are projected to add $8 billion in costs to the California Department of Corrections and Rehabilitation (CDCR) budget over the next five years. It …
Article • September 15, 2009
California Probationer Must Provide Notice of Pet Ownership by In a decision filed December 29, 2008, California's Supreme Court affirmed an appeals court judgment that probation super¬visors violate no "fundamental or constitutional rights" by requiring a probationer to notify probation officers of any pets the probationer keeps. The Appellant in …
Article • September 15, 2009
California Appellate Court Orders Release of Sexually Violent Predator by In August 2001, Edwin V. Franklin was deemed by a jury to be a sexually violent predator (SVP) and, pursuant to California law, was civilly committed to Atascadero State Hospital. Two years later, Franklin's case was reviewed, was again found …
Article • September 15, 2009
Collateral Consequences not Presumed in Moot Habeas Petition Challenging BOP Early Release Denial by The Third Circuit Court of Appeals has held that a petitioner’s habeas corpus is moot when it is only “likely” that a sentencing court will reduce the terms of supervised release. The Court’s holding comes in …
Article • September 15, 2009
Collateral Estoppel Denied Washington DOC in Wrongful Termination Suit by Ms. Carol Carver worked for the Washington DOC from 1995 to 2005, first as a prison guard and later as an office assistant. Due to deteriorating job performance, the prison Superintendent referred Carver for a psychological evaluation in December 2004, …
Article • September 15, 2009
Deliberate Indifference Suit Gets Mixed Ruling on Appeal by On November 24, 2008, the Ninth Circuit U.S. Court of Appeals delivered a mixed ruling in an appeal involving Washington state prisoner, Samuel D. Martin. The appeal arose following a district court's sua sponte dismissal of Martin's § 1983 claim against …
Article • September 15, 2009
District Court Must Explain Reduction in Requested Attorney Fees by In reversing a California federal district court’s order that reduced an attorney’s request for fees by 40 percent, the Ninth Circuit Court of Appeals held that “if a district court is going to make substantial cuts to a winning lawyer’s …
Article • September 15, 2009
$9,000 Settlement for Sexual Assault by Seattle Jail Chaplain by Washington State’s King County paid $8,935.92 to settle the law suit of Terry Shanklin, who claimed he was sexually assaulted by Regional Justice Center Chaplain Warren Ungles from April 30 to May 10, 2001. Shanklin says he was coerced into …
Article • September 15, 2009
$10,000 Settlement for Ill Treatment Prisoner Colostomy Bag by Washington State’s King County jail has paid $10,000 to settle the claim of Patrick Gaines, who entered jail on May 17, 2002 wearing a colostomy bag that had been surgically implanted in December 2001. Up until May 20, Gaines was kept …
Article • September 15, 2009
Filed under: Searches, Strip Searches
$10,000 Settlement in Illegal Strip Search Claim by Washington State’s King County Jail paid $10,000 to settle the illegal strip search claim of Heather N. Caraway. After Caraway was arrested, along with over 100 other people protesting the World Trade Organization meeting on November 30, 2000, she was taken to …
Article • September 15, 2009
$10,000 Settlement in Withheld Wages/Title Claim by Washington State’s King County paid $10,000 to settle a claim that alleged it placed Clarissa T. Berry in a supervisory position on January 1, 1996 to oversee the food services department for Youth Services Management without providing her training, a title or pay …
Article • September 15, 2009
Washington School District Allowed to Block Public Records Act Request by The Supreme Court of Washington has held that agencies are allowed to seek a judicial determination as to whether a requested public record must be disclosed. The court also held that the attorney-client privilege applies to certain documents under …
Arizona DOC May Be Held Accountable for Not Protecting Prisoners from Asbestos by A federal magistrate judge in Arizona has recommended denying a motion for summary judgment filed by the State of Arizona in a lawsuit brought by a group of current and former prisoners. The suit was filed after …
Article • September 15, 2009
Conviction Mandatory to Civilly Commit Under Sexually Violent Predator Act by The Supreme Court of California has held that in order to continue Sexually Violent Predator (SVP) proceedings against someone whose conviction has been reversed, the state must once again convict that person. In 1982, as well as 1988, David …
Former New Jersey Prison Social Worker’s Abuse Lawsuit Reinstated by A New Jersey appeals court has reversed a lower court’s dismissal of a lawsuit filed by a former prison health care worker. Angela Hoag was a licensed social worker employed by Correctional Medical Services, Inc. and worked at Southern State …
Jail Guards Allowed to Assert Qualified Immunity Defense; Nurses Not by The Sixth Circuit Court of Appeals has reversed a Michigan federal district court’s decision that denied a group of jail guards qualified immunity in a case in which a prisoner died after complaining of chest pain and breathing problems. …
Article • September 15, 2009
Ninth Circuit Clarifies Standard for Forcibly Medicating Incompetent Defendant by United States prisoner Jose Hernandez Vasquez (defendant) appealed his court ordered forced medication to render him competent to stand trial. The order was vacated and remanded to institute parameters for government physicians' administration of medication and for a dangerousness inquiry. …
$27,000 Settlement for Age/Gender Employment Discrimination by Seattle Jail by Washington State’s King County paid $26,980 to settle the lawsuit of Harry G. Proctor, a 27-year veteran of the King County Jail. Sgt. Proctor alleged that on April 27, 2007, Captain Kempton called guard Sonja Tangen into his office to …
Article • September 15, 2009
$28,000 Settlement for Jail Prisoner Assaulted by Guards by Washington State’s King County Jail has paid $27,909.78 to settle the excessive force suit of Bradley D. Needleman. His complaint asserts that on May 19, 2003, he was assaulted in the jail by guards “John Doe” McKinly and Noah Wittner. As …
$30,000 Settlement in Ohio Jail Sexual and Racial Harassment by Ohio’s Richland County paid $30,000 to settle the sexual and racial harassment claim of Angela Pitts, whose claims occurred while employed as a guard by Richland County Sheriff Department (RCSD). Pitts, a white female, began working for the RCSD in …
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