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Article • July 15, 2009
DNA Collection from Probationers Does Not Violate Fourth Amendment by The collection of DNA from probationers does not run afoul of the Fourth Amendment, the U.S. Court of Appeals for the First Circuit decided July 7, 2008. The court’s decision comes in an appeal by the government from a lower …
Eighth Circuit Rejects Reckless Investigation Claim by On April 8, 2008, the U.S. Court of Appeals for the Eighth Circuit rejected a lawsuit brought by a former prisoner against a prison investigator for his role in the prisoner’s murder conviction and resulting death sentence. Joseph Amrine sued George Brooks, a …
Eleventh Circuit Reverses Dismissal of 8th Amendment Medical Indifference Claim by The U.S. Court of Appeals for the Eleventh Circuit has reversed the dismissal of a lawsuit brought by a federal prisoner alleging deliberate indifference to his serious medical needs. Enrique Acosta brought suit against unknown named personnel of the …
Article • July 15, 2009
ETS Exposure Suit Allowed to Proceed Despite Facility No Smoking Policy by U.S. District Judge Joseph A. Greenway, Jr. has denied a motion to dismiss for failure to state a claim in an action alleging cruel and unusual punishment in relation to a prisoner’s exposure to environmental tobacco smoke (ETS). …
Article • July 15, 2009
Prison Officials Must Assist Prisoners in Getting Married by Failing to assist a prisoner in getting married is a cognizable First Amendment violation, the U.S. Court of Appeals for the Sixth Circuit decided on July 31, 2003. Laura Toms and Ira Chaiffetz, an Ohio prisoner, had a hard time getting …
Article • July 15, 2009
Supreme Court Holds Magistrate Judge May Conduct Voir Dire Without Defendant’s Personal Consent by A federal magistrate judge may conduct voir dire in a criminal case upon consent of a defendant’s attorney. No personal consent by a defendant is necessary, the Supreme Court decided May 12, 2008. Homero Gonzalez was …
Article • July 15, 2009
Prison’s Littlest Victims by David C Fathi By David Fathi The US criminal justice system may be on the verge of its biggest overhaul in decades. Senator Jim Webb (D-VA) is sponsoring a bill to establish a blue-ribbon commission to conduct a comprehensive review of the criminal justice system and …
Article • July 15, 2009
$1,000 Paid in Lost Property by Washington State’s King County Jail paid $1,000 to settle the lost property claim of Alonzo C. Bradley. In August 2002, the property room admitted they lost Bradley’s property, which contained an Italian “28” necklace, diamond pinky ring, loop earrings, cell phone, quest card, polo …
Article • July 15, 2009
$1,000 Settlement in Lost Property by Washington State’s King County Jail has paid $1,000 to settle the lost property claim of Sophie Evon. When transferred from the Jail to prison, the Jail was unable to locate Evon’s property. Missing were two gold 24 k bracelets, an 80-year-old gold wedding band, …
Article • July 15, 2009
$1,000 Settlement in Mistaken Identity Arrest by Washington State’s King County paid $1,000 to Dennis R. Bowerman to settle his claim that the Auburn Police Department and King County Jail officials arrested and jailed him on a warrant for someone who had stolen his identity. When arrested at his apartment …
Article • July 15, 2009
$1,063.99 Settlement in Lost Property by Snohomish County Jail by Washington State’s Snohomish County Jail paid $1,063.99 to settle the lost property claim of Andrew Wolfe. When transferred to prison, Wolfe’s property was lost, which included his wallet that contained cash, phone cards, his credit cards and identification; a Sanyo …
Article • July 15, 2009
$1,135 Settlement in Vehicle Damage Claim by Washington State’s King County has paid $1,135.44 to settle the claim of John C. Schapp and Pemco Insurance Company that stems from a county employee pulling out from a driveway in front of Schapp, causing damage to the left front of his 2001 …
Article • July 15, 2009
$1,179 Settlement in Stolen Property at Jail by Washington’s King County Jail has paid $1,179 to settle a claim by Scott M. Gower that guards stole the property that he was booked in with on January 14, 2004. When he was released, Gower was not returned his Citizen Titanium Promaster …
Article • July 15, 2009
$1,250 Settlement in Improper Treatment of Prisoner with Colostomy Bag by Washington State’s King County Regional Justice Center (RJC) paid $1,250 to Willie L. Carter for failing to properly treat and provide materials for his urine colostomy bag. The RJC did not have the proper colostomy bag for Carter. Thus, …
Article • July 15, 2009
$1,400 Settlement for Lost Property by Washington State’s King County Jail paid $1,400 to settle the lost property claim of Robert B. Mitchell, who was arrested on January 30, 2007. When he was released after a few hours, missing from his property were a wedding ring with three diamonds and …
$1,400 Settlement in WTO Protester’s Claim by Washington State’s King County Jail paid $1,390.62 to settle the claim of Philip E. Craft, who was arrested for protesting the WTO and was in jail from December 1 – 5, 1999. Craft alleged that prior to being arrested, he was pepper sprayed …
Article • July 15, 2009
$1,500 Award in NY DOCS Failure to Protect Suit by A New York Court of Claims awarded a prisoner $1,500 for prison officials’ failure to protect him. Prisoner Anthony Collins was assaulted and stabbed by other prisoners at the Sing Sing Correctional Facility on May 13, 1999 as a result …
Article • July 15, 2009
$1,500 Settlement in Lost Property by Washington State’s King County Jail has paid $1,500 to settle the lost property claim of Shana S. Zutter, who claimed that when she entered the jail on January 31, 2002, she had a gold wedding band, gold band with ruby and diamond chips, gold/white …
Article • July 15, 2009
$1,500 Settlement in Overdetention Claim by Washington State’s King County Jail has paid Kenneth L. Hoeck $1,500 to settle a claim that he was overdetained by 10 days due to the failure of jail officials to award him good time on his 60 day community custody violation sentence. In response …
Article • July 15, 2009
$1,669 Settlement in Lost Property at Jail by Washington State’s King County Jail has paid $1,669 to settle the claim of Payman Hakimi, which asserted the property he entered the jail with on July 31, 2003 was lost and not returned to him upon release on August 2. Missing were …
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