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Article • July 15, 2009
Colorado's Prison System Structured to Promote Failure by August 12, 12:41 PM - Denver Criminal Justice Examiner - John Miller Mike peers from beneath the sackcloth he uses as a blanket, watching coldly as the other shelter residents ready themselves for sleep. The room is lined with beds and smells …
An unfair prison litigation system by David C Fathi By David Fathi | August 25, 2009 IN 2004, a teenage girl incarcerated at the Illinois Youth Center in Warrenville was sexually abused by a male employee at the facility. The abuse consisted of repeated acts of oral sex and sexual …
Article • July 15, 2009
Outrageous phone rates devastate families of prisoners by Michael Hamden September 1, 2009 Corrections Policy Examiner Michael Hamden The Scam: "Give me your money and you can talk to your kid." That may sound like a line from a 1950's Jimmy Cagney gangster movie. But in essence, that is what …
Article • July 15, 2009
$2,000 Settlement in Stolen Property Claim at Jail by Washington State’s King County Jail paid $2,000 to settle the property theft claim of Demetrius A. Jackson. On July 22, 2003, Jackson arrived at the Jail from the Regional Justice Center. When he was sent to prison, his property was sent …
State Where Claim Arose Controls Section 1983 Limitations Period by The Seventh Circuit Court of Appeals has held that a Wisconsin prisoner who sued for injuries under 42 U.S.C. §1983 that occurred while at a Corrections Corporation of America (CCA) facility is bound by the statute of limitations of the …
Texas Prison Guards Denied Summary Judgment in Excessive Force Case by On December 7, 2007, Texas prisoner Michael Newsome filed a civil rights complaint alleging that excessive force was exercised against him by prison supervisors Captain John McDaniel and Sergeant John Rhinehart. That suit was dismissed on May 22, 2008 …
Article • July 15, 2009
Texas Teen Settles for $65,000 in Excessive Force Case by On May 20, 2008, 17-year-old Khandiese Cooper accepted a settlement of $65,000 in a Section 1983 claim involving excessive force and false arrest. Ms. Cooper, represented by attorneys Vic Feazell and Austin Tighe of Austin, Texas, filed suit against the …
Article • July 15, 2009
Washington State’s Public Records Exemption Suit Limitation Runs When Privilege Log Issued by The Washington State Supreme Court has held that the Public Records Act’s (PRA) one year limitation to challenge exemptions is not triggered until the agency subject to the request provides the requestor with a privilege log. The …
Article • July 15, 2009
Washington Woman Receives $79,000 Settlement in Unlawful Arrest, Excessive Force Case by On March 25, 2008, Melissa Scott accepted a $79,000 as settlement for her §1983 claims of unlawful arrest and excessive force against the City of Bremerton and Bremerton police officer William Cook. Plaintiff's attorneys, Andrew Williams and Steve …
Article • July 15, 2009
Sotomayor for the Prosecution by James Ridgeway — By James Ridgeway | Wed July 15, 2009 12:18 PM PST Mother Jones Sonia Sotomayor's all-but-certain confirmation will be a notable victory for the Democrats, and a long-overdue victory for diversity on the nation's highest court. Whether it will be a victory …
Marin County Agrees to Pay $300,000 to Prisoner Severely Injured After Being Denied Psych Meds by On September 13, 2006, the County of Marin, California agreed to settle a lawsuit brought by a former Marin County prisoner who severely injured himself after being denied psychiatric medications. Jacob Neitzel had a …
Article • July 15, 2009
Protective Order Entered in Hepatitis C Cases by U.S. Magistrate Judge Joel B. Rosen has entered a protective order in a group of lawsuits challenging the New Jersey Department of Corrections’ (NJDOC) policies regarding the screening and treatment of Hepatitis C. The protective order was entered with the consent of …
Protective Order Entered to Protect Against Disclosure of Information Regarding Immigration Detainees by U.S. Magistrate Judge P. Michael Mahoney has entered a protective order in a case over the adequacy of medical care provided to a now deceased Immigration and Customs Enforcement (ICE) detainee. Judge Mahoney’s protective order came after …
Court Allows Deliberate Indifference Claim for Denial of Medication to Proceed by U.S. Magistrate Judge B. Janice Ellington has allowed a 42 U.S.C. § 1983 action to move beyond screening. The action, brought by a former Nueces County Jail prisoner, alleges that jail officials were deliberately indifferent in providing the …
Article • July 15, 2009
New York Prison Officials Liable for Wheelchair Accident by A New York Court of Claims held that prison officials are 100% liable for injuries suffered by a prisoner who fell from his wheelchair on a sloped ramp. Prisoner Darrin Carathers, who is wheelchair-bound, was being transported to St. Agnes Hospital …
Article • July 15, 2009
Filed under: Money/Property, Restitution
N.Y. Court Need Not Pronounce Mandatory Surcharge and Fees at Sentencing by The New York Court of Appeals has held that the mandatory surcharge and crime victim assistance fee mandated by Penal Law § 60.35(1) are not part of a sentence. Therefore, a judge need not pronounce them in a …
Article • July 15, 2009
Custody Vs. Treatment Debate: Addicted to Punishment by David C Fathi By David Fathi U.S. program director, Human Rights Watch American and Canadian societies are similar in many ways – people eat the same foods, watch the same movies, listen to the same music, and make many visits across the …
Paraplegic Louisiana Prisoner Requires Transportation in Vehicle with Wheelchair Lift and Restraints Under ADA by To settle a prisoner’s federal civil complaint filed under the Americans with Disabilities Act and the Rehabilitation Act of 1973, the Louisiana Department of Public Safety and Corrections (LDOC) has entered into a consent judgment. …
Article • July 15, 2009
Pennsylvania Prisoner Properly Exhausted Claims in Medical Diet Case by On November 4, 2008, a Pennsylvania district court denied summary judgment in the case of Pennsylvania prisoner, Richard Young. Young, represented by Meghan E. Jones-Rolla of Meyer, Darragh, Buckler, Bebenek, and Eck in Pittsburgh, filed a Section 1983 claim alleging …
Article • July 15, 2009
Prison Officials Entitled to Make Medical Decisions for Delusional Prisoner by California’s Fifth Appellate District has held that a court’s decision to grant prison administrators authorization to consent to medical treatment on a prisoner’s behalf was proper. The decision to grant a prison doctor’s petition under Probate Code section 3201 …
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