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Article • June 15, 2009
BOP May Lawfully Limit Halfway House Placement Beyond 180 Days by The Bureau of Prisons (BOP) may lawfully restrict federal prisoners to no more than 180 days halfway house placement, the U.S. Court of Appeals for the Eighth Circuit decided May 30, 2008. Gary Miller and several other prisoners at …
$200,000 Settlement in Excessive Force Claim by Washington State’s King County has paid $200,000 to settle the excessive force claim of Bryan J. Miles. On February 13, 2004, Miles was a passenger in his car, which was being driven by an acquaintance of Miles, when police attempted to pull the …
$200,000 Settlement in Sexual Harassment by Washington State’s King County paid $200,000 to settle the sexual harassment and hostile work environment claim of Jacqueline Galvan, who made claims relating to her employment at the Department of Adult and Juvenile Detention. The lengthy complaint in civil court details events from July …
$325,000 Award for Virginia Sheriff's Sexual Harrasment, Battery and Harassment by On January 15, 2008, a federal jury awarded a former sheriff's deputy $325,000 for battery and sexual harassment she suffered at the hands of a former sheriff. Lespia King, 22, a former deputy at the Roanoke City Jail in …
Article • June 15, 2009
$650 Settlement for Lost Property, Stolen Identity Claim by Washington State’s King County Jail has paid $650 to settle the lost property claim of Dion K. Humphrey. In December 2002, the Jail gave Humphrey’s social security card, driver’s license and clothes to Scott Williamson, who had stolen Humphrey’s identity. The …
$899,500 Award in NY DOCS Medical Negligence Resulting in Leg Amputation by A New York Court of Claims awarded a former prisoner a total of $899,500 in a medical negligence claim. As a result of the delays and neglect in treatment of William C. Stephens’s peripheral vascular disease (PVD) by …
Colorado Prisoners’ Access to Courts, ADA Claims Allowed to Proceed by U.S. District Judge John L. Kane, Jr. has allowed a group of Colorado prisoners to pursue access to court and ADA claims against the Colorado Department of Corrections. Steven Marquiz, Steven Clouse and several other Colorado prisoners sued the …
Army Medic Gets Life for Murdering Iraqi Prisoners/Abu Ghraib Prison Reopens by Matthew Clarke By Matt Clarke On February 20, 2009, a medic in the U.S. Army was sentenced to life in prison for his part in the 2007 murder of four Iraqi prisoners in Baghdad. The next day, the …
California Chaplains Lose Appeal in Compensation/Fraud Case by On June 5, 2008, a California appeals court affirmed a superior court ruling sustaining the demurrer in an action brought against Alameda County, California by three jail chaplains and Community Chaplains, Inc. (Appellants). Appellants' case alleged state law violations on the part …
Article • June 15, 2009
California Prison Guards' Dishonesty During Investigation Not Protected By Statute Of Limitations by The California Court of Appeal held that where California Department of Corrections and Rehabilitation (CDCR) prison guards and staff were timely charged with lying during an investigation relating to on-the-job misconduct, but their Notices of Adverse Action …
Article • June 15, 2009
California Prisoner's Court-Ordered Release Reversed on Appeal by On October 5, 2006, after serving more than 21 years on a sentence of 15 years to life for second degree murder, California prisoner Garabet Tokhmanian was deemed suitable for parole by the parole consideration panel (the panel). Pursuant to California law, …
Connecticut Settles Suit Over Conditions at Somers Facility; $190,000 in Fees and Costs Paid by In 1996, the parties in a class action suit over the conditions at the Connecticut Correctional Institution in Somers entered into a settlement agreement. The settlement came after significant improvements were made at Somers over …
Article • June 15, 2009
Delayed Order Designating Issues in Texas Habeas Action Has No Effect by On June 4, 2008, the Texas Court of Criminal Appeals (CCA) held that an untimely order designating issues entered by a state district court in a state habeas action is of no effect and the district clerk was …
Eighth Circuit Allows Termination of Minnesota Prison Health Care Consent Decree by On November 21, 2008, the Eighth Circuit Court of Appeals affirmed a federal district court's order terminating the Hines Consent Decree covering prison medical care in the Minnesota Department of Corrections (DOC). In 1973, Howard Lansing Hines and …
Fifth Circuit Affirms Summary Judgment and Directed Verdict in Mississippi Jail Suicide Case by On December 2, 2008, the Fifth Circuit Court of Appeals issued an opinion affirming summary judgment in favor of the sheriff and the directed verdict for the county and other defendants in a case involving a …
Fifth Circuit Upholds Correspondence Restrictions in Houston Jail by On August 9, 2000, the Fifth Circuit Court of Appeals upheld a district court's dismissal of a prisoner's challenge to correspondence restrictions at the Harris County Jail in Houston, Texas. Matthew James Leachman, a prisoner at the Harris County Jail, filed …
Article • June 15, 2009
Fourth Circuit Vacates Dismissal of Challenge to Virginia's Gift Publication Ban by On June 27, 2008, the Fourth Circuit Court of Appeals vacated a district court's dismissal of a prisoner's challenge to the ban on gift publications in a Virginia prison. Robb M. Harksen, a Virginia prisoner, filed a pro …
Jury Award Exceeds $1.5 Million in New York Malicious Prosecution Case by On June 24, 2008, a New York federal jury found two New York City police officers liable in a Section 1983 malicious prosecution suit brought by security guard & part-time state police officer Anthony Manganiello. Manganiello's initial suit …
Jury Awards $1.8 Million for False Arrest and Malicious Prosecution by In April, 2008, five Maryland men were awarded more than $1.8 million in compensatory and punitive damages in a civil rights suit alleging false arrest and malicious prosecution by Baltimore police officer Robert Cirello. Plaintiffs' attorneys, James L. Rhodes …
Article • June 15, 2009
New York Landlord Wins $25,000 Verdict for False Arrest by On January 30, 2007, following a one-day trial, a New York City jury awarded Plaintiff Barsiasa $25,000 for the emotional distress he suffered due to his false arrest by New York City police officers. Tenants in the Plaintiff's building accused …
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