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Article • June 15, 2008
Michigan Prison Disciplinary Decisions not Subject to FOIA by Raymond Walen and David Desorcy (Prisoners) Michigan state prisoners, sued guards in state court under the state Freedom of Information Act (FOIA) Mich. Comp. Laws § 15.231 et seq. (Mich. Stat. Ann. § 4.1801(1) et seq.) to compel inspection of decisions …
Article • June 15, 2008
MI Prisoner Awarded Costs and Given Documents Under FIOA by Steven Haskins, a Michigan state prisoner, sued in state court under the state Freedom of Information Act (FOIA) Mich. Comp. Laws § 15.231 et seq. (Mich. Stat. Ann. § 4.1801(1) et seq.), to compel Oronoko Township to disclose to him …
Article • June 15, 2008
Ohio Prisoner May be Entitled Under PRA to Documents Identifying Guards Who Beat Him by Timothy Conley, an Ohio state prisoner, petitioned for a Writ of Mandamus in state court to compel prison officials to disclose documents identifying guards who had beaten him several times. The trial court dismissed the …
Article • June 15, 2008
Michigan Prisoner Properly Denied Review of Documents too Numerous to Transport to Him by Jason Mithrandir, Robert Van Horn, John Chapman and Joseph Molinari (Prisoners), all Michigan state prisoners housed in segregation, asked to review Department of Corrections’ (DOC) files, pursuant to the state Freedom of Information Act (FOIA) Mich. …
Article • June 15, 2008
Michigan Prisoner’s FOIA Suit Dismissed Because No Violation Occurred by Ronald Jordan, A Michigan state prisoner, requested documents from a prison office manager (Manager) under the state Freedom of Information Act (FOIA), Mich. Comp. Laws § 15.231 et seq. (Mich. Stat. Ann. § 4.1801(1) et seq.). After several weeks went …
Article • June 15, 2008
Michigan Prisoner Awarded $500 for DOC's Violation of FOIA by Timothy Kincaid, a Michigan state prisoner, sued the state Department of Corrections (DOC) in state court under the state Freedom of information Act (FOIA), Mich. Comp. Laws 15.231 et sec, to compel disclosure of his disciplinary records. The trial court …
Montana Guards' Disciplinary Sanctions and Names Held Disclosable by Several guards at the Montana State Prison were disciplined for their behavior during a riot in which several prisoners in protective custody were killed. Numerous newspapers' requests for a copy of the report outlining the guards' discipline was granted, but the …
Article • June 15, 2008
Montana Newspaper Entitled to Fees Incurred to Obtain Copies of Documents by The Havre Daily News (newspaper), a Montana subchapter of a Washington corporation, sued the city of Havre, Montana in state court under Mont. Const. art. II § 9 to compel disclosure of an unredacted incident report. During litigation …
Brief • 2008
Masacz v. Correctional Medical Services, FL, Order, HIPAA, 2008 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 50 2008 CA 000056 XXXXMB DIV. AB JACEK MASACZ, Plaintiff, vs. CORRECTIONAL MEDICAL SERVICES, INC., and DR. PIERRE DORSAINVIL, M.D., Defendants. _________________ ......;/ …
Article • May 15, 2008 • from PLN May, 2008
NY Court Dismisses Prisoner’s Assault Claim, Voids $500,000 Jury Award by NY Court Dismisses Prisoner's Assault Claim, Voids $500,000 Jury Award On March 15, 2007, a New York Civil Court dismissed a lawsuit filed by Riker's Island prisoner George Craig, who alleged that the City was liable for injuries he …
Article • May 15, 2008 • from PLN May, 2008
$100,000 Damage Award Vacated for Seven-Year Service Delay by The Ninth Circuit Court of Appeals vacated a $100,000 excessive force judgment, and ordered dismissal of the action due to a seven-year delay in service on the defendants. On August 9, 1995, Robert Efaw was confined in the Navajo County Jail …
$2 Million Confidential Settlement In CCA Prisoner’s 2004 Beating Death Revealed by Alex Friedmann $2 Million Confidential Settlement In CCA Prisoner's 2004 Beating Death Revealed by Alex Friedmann PLN has previously reported on the death of Estelle Richardson, a mentally ill prisoner who died at the CCA-operated Metro-Davidson County Detention …
Washington DOC Pays PLN $541,000 for Illegally Withholding Records by Michael Rigby The Washington Department of Corrections will pay Prison Legal News $541,000 for illegally withholding public records. It is the largest records-related settlement in Washington state history, and it brings the total amount PLN has won against the state …
No Exhaustion Required in Juvenile IDEA Suit for Damages by The court had previously held that plaintiff, confined by the California Youth Authority, had to exhaust concerning his placement in detention because it was grievable, but did not have to exhaust under the California Tort Claims Act It asked for …
Article • May 15, 2008
Second Circuit Discusses Consent Decrees by The court recites boilerplate about consent judgments: they are judicial orders and contracts, to be read "within [their] four corners"; a court can't replace consent decree terms with its own, even if that would help effectuate the decree's goals; courts' equitable power exists only …
Article • May 15, 2008 • from PLN May, 2008
$56,274 Verdict in Negligent Rhode Island Maintenance Claim by A Rhode Island state jury awarded a prisoner $56,274 for a claim that alleged prison officials failed to properly maintain exercise equipment, which cased the prisoner injury. The action was filed by prisoner James Bernardo, who was imprisoned at Rhode Island?s …
Jail Liable for Labeling Arrestee’s Cell as “HIV Positive Inmate” by Jail Liable for Labeling Arrestee's Cell as "HIV Positive Inmate" The plaintiff was arrested and informed the police he was HIV positive. They put a pink sign on his holding cell door saying HIV POSITIVE INMATE, which was removed …
Article • May 15, 2008 • from PLN May, 2008
$3,175,000 Judgment against Private Health Contractor for Illinois Prisoner’s Stroke by $3,175,000 Judgment against Private Health Contractor for Illinois Prisoner's Stroke On January 26, 2007, an Illinois prisoner who claimed he suffered a stroke due to negligence on the part of Health Professionals, Ltd. a private company that contracts with …
Article • May 15, 2008 • from PLN May, 2008
Michigan Prisoner Beaten By Guards Awarded $6,004 by On November 17, 2006, a Michigan jury awarded state prisoner Robert Brooks $6,004 for a beating he received at the hands of two guards. Brooks, who was serving time in a maximum-security Michigan prison for a 1982 murder, claimed he was attacked …
Article • May 15, 2008 • from PLN May, 2008
South Florida Federal Court Censors Online Plea Agreements by Recently, the South Florida federal court system has been removing plea agreements from its online court docket. While a plea agreement is still reflected on the docket sheet, attempts to open the online record result in a notice that the user …
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