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Article • July 15, 2008
Utah High School Discrimination Survey Results Ordered Disclosed by Nevada-based T.V. station KUTV, Inc., and reporter Carl Idsvoog (media) appealed the production denial of survey results stemming from discrimination allegations against Box Elder High School in Utah. The issue was remanded for redacted production after an in camera inspection. The …
Article • July 15, 2008
Colorado Police Statutorily Entitled To Own Promotion Exam's Disclosure by Denver (Colorado) policeman John Pinder appealed the denial of his action to compel the Civil Service Commission's (CSC) production of his promotional exam results when denied sergeant status. The denial was reversed to comply with mandated statutory production. Pinder's 1987 …
Article • July 15, 2008
Colorado Coroner Entitled To Ambulatory Records For Requisite Autopsy Report by The City of Littleton (Colorado) appealed the court-ordered production of ambulatory records to Jefferson County Coroner Nancy Bodelson. The statutorily-mandated production was affirmed. Due to a victim's death in the absence of an attending physician, the coroner requested the …
CCA Attempts Cover-Up of Assault by Warden at Tennessee Prison by Alex Friedmann Late last year, a prisoner at the CCA-operated Hardeman County Correctional Facility (HCCF) in Tennessee notified PLN that the prison’s warden, assistant warden and internal affairs officer had either resigned or been fired or transferred. The staff …
Article • June 15, 2008 • from PLN June, 2008
$154,000 Awarded to Hawaii Prisoner Injured by Jumping from Bunk Bed Without Ladder And Exposed to ETS by Hawaii’s First Circuit Court has awarded a prisoner $153,652.73 in a negligence lawsuit. The prisoner’s claims arise from the failure to provide ladders on bunk beds and failure to enforce a non-smoking …
California DOC Federal Master: Continued Court Oversight Needed on “Code of Silence” by Marvin Mentor John Hagar, the Special Master assigned by the U.S. District Court (N.D. Cal.) to monitor the California Department of Corrections and Rehabilitation’s (CDCR) staff investigations and disciplinary process has opined, in an October 2007 Final …
Article • June 15, 2008 • from PLN June, 2008
New York Prisoner Awarded $322,000 For Hand Laceration by On September 19, 2007, a court of claims in White Plains, New York, awarded $322,000 to a state prisoner who suffered a severe hand laceration while opening a window at the Green Haven Correctional Facility in Stormville. In his lawsuit Jose …
California State Prisoner Wins $39,011 for Deprivation of Outdoor Exercise During Extended Lockdowns by Marvin Mentor On November 8, 2007, a federal jury awarded a California state prisoner $39,011 for injuries he suffered due to being placed in retaliatory extended lockdowns that prison officials initiated following assaults on staff by …
Vermont Prisons Subject to Human Rights Commission Jurisdiction by The Vermont Supreme Court has held that the Vermont Fair Housing and Public Accommodations Act (The Act) applies to state prisons. That holding affirmed an order by the Washington Superior Court denying the Vermont Department of Corrections’ (VDOC) motion to quash …
Article • June 15, 2008 • from PLN June, 2008
$25.5 Million Awarded in California County Jail Strip Search Suit by John Dannenberg by John E. Dannenberg The County of San Bernardino, California has agreed to settle a federal class action lawsuit filed against its Sheriff’s Department in 2005 for $25.5 million – one of the largest such payouts on …
Article • June 15, 2008 • from PLN June, 2008
Pierce County, WA Jail Settles Jail Strip-Search Suit For $667,000 by Pierce County, Washington settled a class action suit challenging unconstitutional strip searches of specified pretrial detainees in its county jail for $200,000 in damages, $15,000 in administrative costs and $452,000 in attorney fees. In addition, the Superior Court of …
Article • June 15, 2008 • from PLN June, 2008
Texas Prisoner’s Hepatitis C Claim Not Frivolous, Fifth Circuit Holds by A Texas prisoner’s claim alleging that his civil rights were violated by the denial of hepatitis c treatment based on policy decisions rather than on medical factors was not frivolous, the U.S. Fifth Circuit Court of Appeals held, in …
Article • June 15, 2008
Montana Prisoners Entitled to Review Parole Files by Several Montana state prisoners sued the state board of pardons and parole (Board) in state court to compel disclosure of their parole files. The trial court dismissed, and the prisoners appealed. On appeal, the Montana Supreme Court found that there were no …
Article • June 15, 2008
Montana DOC Must Have Open Meetings On Proposals for Construction of New Prison by The Great Falls Tribune, a Montana newspaper, sued the state Department of Corrections (DOC) to compel it to conduct open negotiations regarding the construction of a new prison. The trial court held that the DOC didn't …
Article • June 15, 2008
Florida Prisoners Have No Right to “Free” Public Records by Florida’s First District Court of Appeals has held that a prisoner is not entitled to free copies of records in the custody of the state attorney and the clerk of the Court. The Court said that prisoners are “in the …
Article • June 15, 2008
Virginia Police Department Record of Criminal Case Disposition Not Subject to Public Record Request by The Attorney General of Virginia has opined that a city police department that maintains a record of all persons tried in municipal court of the city for whether the party was convicted or acquitted, and …
Article • June 15, 2008
Exceptional Circumstances Required for Disclosure of Fla. Sunshine Law Exemption to Government or Law Enforcement by Florida’s Second District Court of Appeals has held that a lawsuit plaintiff failed to show “exceptional circumstances” or “exceptional necessity” to overcome the disclosure of information that is exempt under Florida’s Sunshine Law in …
Article • June 15, 2008
Federal Courts Can't Dismiss Prisoners' Civil Rights Actions Simply Because They're Inartfully Pleaded by Walter Gordon, a South Carolina state prisoner, sued prison officials in federal district court under 42 U.S.C. § 1983 after he was assaulted and raped by other prisoners. Stephen Young, a Maryland state prisoner, filed his …
Federal FIOA Doesn’t Apply to OH State Agencies by Jan Becker, an Ohio state prisoner, petitioned for a Writ of Mandamus in state court to compel the state Highway Patrol to disclose documents under the federal Freedom of Information Act (FOIA), 5 U.S.C. § 551(1) et seq. and the state …
Article • June 15, 2008
Florida DOC Can't Inspect Guards' Homes in Workers' Compensation Case by Numerous guards at the Volusia County (Florida) Department of Corrections (DOC) filed for Workers' Compensation in state court after being exposed to toxic molds while at work. The DOC moved for an order compelling inspection of the guards' homes …
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