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Article • September 15, 2009
$3,900 Settlement in False Imprisonment by Seattle Jail by Washington State’s King County Jail paid $3,848.54 to settle the false imprisonment claim of Amanda Markholt, who was arrested on a warrant out of Pierce County for failing to take a blood test. The same day of her arrest, December 31, …
Article • September 15, 2009
$5,000 Settlement for Improper Property Release by Seattle Jail by Washington State’s King County paid $5,000 to settle the lawsuit of Mick Robertson, who claimed that when he was arrested in December 12, 2000, he possessed a banker’s box that contained automobile titles for Greenlight Auto. The assault charge Robertson …
Article • September 15, 2009
$7,000 Settlement for Injuries Incurred During Seattle Jail Bus Accident by Washington State’s King County paid $7,139.98 to settle the claim of Quincy Aitkens, who was injured on October 17, 2002, while riding in a King County Corrections Bus. While on the way to the Kent Regional Justice Center, a …
$7,500 Settlement for Seattle Police Officer Withholding Exculpatory Information by Washington State’s King County paid $7,540.64 to settle the claim of Richard D. Sweat, who was arrested for attempted robbery. During the investigation, Deputy Kirk Rains of the King County Sheriff’s Office was advised that the alleged crime was committed …
Article • September 15, 2009
$10,000 Settlement in Failure to Protect From Tuberculosis by Seattle Jail by Washington State’s King County Jail paid $12,500.32 to settle the claim of Michael Regan, who claimed that he contracted tuberculosis (TB) while in the jail from June 28 to July 4, 2001, because he was housed with a …
Article • September 15, 2009
$12,500 Settlement in Wrongful Termination by Washington Jail by Washington State’s King County paid $12,500 to settle the wrongful termination claim of Ronald R. Hunt. The details of this incident are not contained in the claim form, other than the date of termination being October 25, 2002, from the Department …
Article • September 15, 2009
$15,000 Settlement for Failure to Treat Seattle Jail Prisoner’s Hernia by Washington State’s King County Jail paid $15,000 to settle the civil rights suit of Douglas E. Gallagher, who claimed that the Jail had failed to treat his hernia from May 2004 until the time of settlement in March 2006. …
Article • September 15, 2009
$15,000 Settlement for Failure to Treat Seizure Disorder at Seattle Jail by Washington State’s King County Jail paid $15,442.53 to settle the civil rights suit of Troy Deimerly, who claimed the jail failed to take steps to treat his seizure disorder. When Deimerly entered the jail on June 4, 2002, …
Article • September 15, 2009
$15,000 Settlement for Seattle Jail Work Injury by Washington State’s King County paid $14,928.70 to settle the lawsuit of Bonni Estes, who alleged damages from an incident at the Kent Regional Justice Center on March 7, 2002. That day she was working in the Center’s bakery, assisting another prisoner in …
Article • September 15, 2009
Seizure of Prisoner’s Manuscript Containing Offensive Writing About Staff Does Not Violate First Amendment by On December 2, 2008, a non-jury trial was held before a Federal District Court in Pennsylvania on prisoner Wesley Harper §1983 claim against certain officials at the Smithfield State Correctional Institution (SCI) for First Amendment …
Article • September 15, 2009
Statute of Limitations Applicable in Method of Execution Actions by On November 24, 2008, the Fifth Circuit U.S. Court of Appeals affirmed a district court's grant of summary judgment to the defendants in a § 1983 action brought by Mississippi death-row prisoners Alan Walker, Paul Woodward and Gerald Holland (Plaintiffs). …
Article • September 15, 2009
Summary Judgment Denied Illinois Lawmen for Assaulting Prisoner During Booking by In August 2007, Tony Swift was arrested by Wiliamson County, Illinois Sheriff's Deputies Kyle Rinella and Jeff Hutchinson (Defendants) on charges of disorderly conduct. Soon thereafter, Plaintiff Swift's attorney, Hugh R. Williams of Carbondale, Illinois, filed suit pursuant to …
Article • September 15, 2009
Supreme Court Holds False-Arrest § 1983 Suit Must Be Timely Filed Following Arrest, Not Subsequent Wrongful Conviction by Supreme Court Holds False-Arrest § 1983 Suit Must Be Timely Filed Following Arrest, Not Subsequent Wrongful Conviction The U.S. Supreme Court held that a state prisoner suing for wrongful arrest must file …
Title IX Does not Preclude § 1983 Action for Gender Discrimination by Title IX Does not Preclude § 1983 Action for Gender Discrimination The U.S. Supreme Court has held that Title IX does not preclude a 42 U.S.C. § 1983 action alleging unconstitutional gender discrimination in schools. The action stems …
Article • September 15, 2009
Washington State Jail Guards Lose Overtime Suit by The Washington State Supreme Court has held that “delayed” payment of wages beyond the time frame set forth in former WAC 296-128-035 does give rise to employer liability under the Wage Rebate Act (WRA), but only where the delay is “willful.” The …
Article • September 15, 2009
Texas Department of Criminal Justice Denied Summary Judgment by Texas prisoner John Williams filed a civil action against the Texas Department of Criminal Judgment (TDCJ) alleging denial of anesthetic drugs following his leg amputa¬tion. In response, TDCJ filed a motion for summary judgment contending Williams failed to exhaust institutional remedies …
Massachusetts Federal Court Dismisses DOC from Prisoner's Rape Suit; Amendment Allowed by On October 24, 2008, a Massachusetts federal court dismissed the claims against prison official defendants (defendants) by a former Massachusetts Department of Corrections (DOC) prisoner who allegedly had between 50 and 100 sexual encounters with a former guard. …
Minnesota Court Awards $146,546.19 for Failing to Provide Deaf Interpreter by On February 17, 2005 a Minnesota state court awarded a prisoner $7,500 in damages and fined the Minnesota Department of Corrections (DOC) $1,000 for failing to provide an American Sign Language (ASL) interpreter for a prisoner in the Sex …
Article • September 15, 2009
Texas Court of Appeals Orders Clerk to File Prisoner's Notice of Appeal by On November 26, 2008, a Texas court of appeals granted a petition for a writ of mandamus and ordered the District Clerk of Walker County, Texas, to file a prisoner's pro se notice of appeal. Clifford Allen …
Article • September 15, 2009
Filed under: Money/Property, Restitution
Florida Court Loses Jurisdiction to Enter Restitution Order upon Completion of Sentence by Florida’s Fifth District Court of Appeal has held that a trial court lacks authority to enter a restitution order against a defendant who has completed his sentence. The court’s order comes in the appeal of Kelly R. …
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