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Article • July 15, 2009
Murder Conviction for Prisoner Accused of Killing Prisoner at USP Beaumont Affirmed by On April 30, 2008, the U.S. Court of Appeals for the Fifth Circuit affirmed the murder conviction of a prisoner accused of killing another prisoner at the United States Penitentiary (USP) in Beaumont, Texas. Arzell Gulley was …
Article • July 15, 2009
New York DOC Agrees to Settle Asbestos Case by On April 4, 1997, the New York Department of Corrections (NYDOC) agreed to settle a suit brought by a group of New York prisoners over their exposure to asbestos. The prisoners alleged that the defendants violated their Eighth and Fourteenth Amendment …
Article • July 15, 2009
New York Haircut Requirement Held Unconstitutional by On November 11, 1986, the New York Court of Appeals upheld a lower court ruling striking down a New York regulation requiring prisoners to cut their hair during intake. Alfredo Lewis, a practicing Rastafarian, sued the New York Department of Corrections after he …
Article • July 15, 2009
New York Liable for Foreseeable Prisoner-on-Prisoner Assault; Prisoner Awarded $80,000 in Damages by A New York Court of Claims found that prison officials were 100% liable for injuries incurred from a foreseeable prisoner-on-prisoner assault at the Auburn Correctional Facility. On July 17, 2003, prisoner Alexis Irizarry was assaulted by prisoner …
Fourth Circuit Affirms Ban on Publications in Jail by On May 7, 1993, the U.S. Court of Appeals for the Fourth Circuit affirmed a lower court ruling upholding a ban on pre-trial detainees receiving publications of any sort. Stephen Hause, an on-again off-again prisoner at the Harry County Detention Center …
Georgia Sheriffs are Not County Employees, Allowing Suit by Estate of Court Reporter Killed by Prisoner to Proceed by A county sheriff in Georgia is not a “county employee” for workers’ compensation purposes, the Georgia Court of Appeals decided June 26, 2008. This ruling clears the way for a tort …
Ion Spectrometry Suit Survives Initial Screening by A lawsuit challenging the Bureau of Prisons’ (BOP) use of ion spectrometry equipment has survived screening under 28 U.S.C. §1915A. Chris Dehmer, a federal prisoner, sued the BOP after he was denied visitation after one of his visitors tested positive for drugs on …
Article • July 15, 2009
Iowa Sex Offenders May Be Civilly Committed Based on Lifetime Risk of Future Dangerousness by Sex offenders in Iowa may be civilly committed based on their lifetime risk of future dangerousness, the Supreme Court of Iowa held May 9, 2008. Bryan Pierce was convicted in 1987 and 2000 for sexual …
Jury Awards Guard $150,000 for Retaliation; Court Awards an Additional $800,000 by A Nassau County federal jury has awarded a county jail guard $150,000 for discrimination and retaliation that occurred as a result of a prior sexual harassment suit. Patricia Luca, a guard for 12 years, sued Nassau County, its …
Article • July 15, 2009
Lay Opinion Testimony of Guard that Prisoner was Attempting to Throw Other Guard Over Railing Admissible by On April 30, 2008, the California Court of Appeals for the Fifth District affirmed the conviction of a California prisoner for assault with malice aforethought on a guard. Michael Gaddy was charged with …
Lesbian Guard Awarded $200,000 for Unlawful Discrimination, Retaliation by A New York appellate court has upheld an award of damages for a lesbian guard who was subjected to unlawful discrimination and retaliation. Alicia Humig, the only female guard on her cell block at the Wende Correctional Facilitiy, filed a complaint …
Marsden Hearing Required When Defendant Puts Forward Plausible Ineffective Assistance of Counsel Claim by On April 11, 2008, the Court of Appeal of the State of California, Fifth District, remanded a criminal case for a hearing to determine whether an attorney was ineffective for failing to call two witnesses in …
Massachusetts Agrees to Improves Conditions for Protective Custody Prisoners by The Commonwealth of Massachusetts agreed to improve the living conditions of prisoners in protective custody in response to a class action suit filed in the 1970s. The agreement was finalized in June 1980. The agreement requires the Commonwealth to give …
Article • July 15, 2009
Medicare Is “Victim” Under Pennsylvania Restitution Statute by Medicare is a “victim” for the purpose of receiving restitution under Pennsylvania law, the Superior Court of Pennsylvania decided July 16, 2008. Gregory Ricky Brown was ordered to pay $509.65 to Medicare as restitution for a criminal offense. Brown appealed, arguing that …
Court Enforces Settlement Agreement Despite Absence of Confidentiality Clause by U.S. District Judge Joe Billy McDade has ordered the enforcement of a settlement agreement between the State of Illinois and the family of a prisoner who died in his cell due to hypothermia. The estate of Charles Platcher sued Illinois …
Court Refuses to Overturn Guard’s Civil Rights Conviction by U.S. District Judge Jack Zouhary has denied a former guard’s Rule 29 motion for judgment of acquittal. Seth Burke was charged with civil rights violations for using excessive force on prisoners at the Lucas County Jail in Ohio. Burke kicked one …
Court Rejects Claims by Chaplains Duped Into Working for Free by A California court has rejected a suit by a group of chaplains who alleged that they were not paid overtime for their work in excess of eight hours a day and/or 40 hours a week. The chaplains sued Santa …
Article • July 15, 2009
Court Rejects Self-Analysis Privilege; Orders Jail Officials to Comply with Subpoena by U.S. Magistrate Judge Diane Welsh has granted a motion to enforce a subpoena for records in a class action suit challenging the adequacy of medical care at the Bucks County Correctional Facility in Pennsylvania. The plaintiffs served a …
Article • July 15, 2009
Denial of Application to Proceed In Forma Pauperis Constitutes a “Strike” Under PLRA by A denial of leave to proceed in forma pauperis (IFP) constitutes a “strike” under the Prison Litigation Reform Act’s (PLRA) IFP provisions, the Ninth Circuit held July 14, 2008. Louis O’Neal brought suit against a California …
Article • July 15, 2009
Discretionary Function Exception Shields State from Liability in MTCA Action by On June 21, 1999, the Supreme Judicial Court of Maine affirmed a grant of summary judgment to the State of Maine in a Maine Tort Claims Act (MTCA) case regarding the alleged negligence of a guard who closed a …
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