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Article • May 15, 2009
Missouri DOC Ordered to Pay Ex-Prisoner $10,600 for Wrongful Imprisonment by On May 20, 2005, a federal jury in Eastern Missouri awarded ex-prisoner, Daryl Davis, $10,600 after corrections officials in that State failed to release him for almost 60 days after his court-ordered release. Convicted of theft in St. Louis …
Article • May 15, 2009
New York Jury Dismisses Secondhand Smoke Claim by On May 9, 2008, a New York jury unanimously ruled in favor of the City in a claim filed in 2001 by 78-year-old Raymond Marques, known as "Spanish Raymond" in his heyday as the alleged chief of the Spanish Harlem numbers racket …
Ninth Circuit Reverses §1915 Dismissal of Retaliation Claim by The Ninth Circuit Court of Appeals reversed a lower court’s dismissal of a prisoner’s retaliation claim for failure to state a claim under 28 USC sec. 1915(e). Nevada prisoner Russell Cohen sued prison officials in federal court, alleging that they “retaliated …
Article • May 15, 2009
Oregon Cops Outraged by Excessive Force Reforms by Following several high-profile, controversial incidents, the Portland Police Bureau (PPB) is “cracking down” on high excessive-to-arrest ratios, and officers are outraged. In the wake of a fatal 2003 police shooting, the PPB began collecting officer use-of-force data in the summer of 2004, …
Personal Restraint Petition Remanded to DOC in Washington State by On October 27, 2008, a Washington State Court of Appeals filed an unpublished opinion in the matter of a personal restraint petition filed by prisoner Toby Joseph Masse challenging punishment imposed pursuant to a prison disciplinary hearing. Having received a …
Article • May 15, 2009
Plaintiffs Prevail in Objections to Taxed Bill of Costs by Following their arrest, conviction and imprisonment in 2002, Plaintiffs Kimberly Sykes and Tevya Urquhart, had the convictions overturned on appeal in 2004. Each woman then filed suit against various police officers in 2005 pursuant to 42 U.S.C. sec. 1983 alleging …
Prison Guard wins $18,000 in Discrimination Suit Against DOC by An African-American prison guard at Wisconsin's Jackson Correctional Facility filed suit against the DOC and two prison officials under Title VII of the Civil Rights Act of 1964. The plaintiff, Sergeant Davis, had recently been demoted after a hearing regarding …
$2,000 Settlement in Seattle Jail Illegal Strip Search by Washington State’s King County Jail paid $2,000 to Zachary Lyons, who asserted that after being arrested during the November 30, 2000 “WTO” anniversary demonstrations, he was forced to remove his clothing in a common area of the jail without being afforded …
$150,000 Settlement in Wrongful Death Suit Against Kitsap County Jail by Washington State’s Kitsap County Jail paid $150,000 to settle the claim of the estate of David Franklin, who committed suicide at the jail on August 21, 2000. The claim asserts the jail failed to properly treat Franklin or properly …
Thurston County Settles Jail Guard Murder Suit for $120,000 by Washington State’s Thurston County settled a lawsuit claiming it was responsible for a jail guard killing his wife with his service weapon for $120,000. The suit was brought by the guard’s two children. While off-duty on paid administrative leave on …
Article • May 15, 2009
Filed under: Organizing, Voting, Mandamus
14th Amendment Does not Limit Disenfranchisement to Only Felonies by California’s First District Court of Appeals has denied a petition that sought a mandate stating disenfranchisement is limited to only felonies at common law. The petition was based on section 3 of the Fourteenth Amendment of the United States Constitution, …
Article • May 15, 2009
A Final Frontier in Prisoner Litigation: Does Bivens Extend to Employees of Private Prisons Who Violate the Constitution? by Matthew Tikonoff A Final Frontier in Prisoner Litigation Does Bivens Extend to Employees of Private Prisons Who Violate the Constitution? By: Matthew W. Tikonoff Suffolk University Law Review - Volume 40, …
Article • May 15, 2009
Texas Court of Criminal Appeals: No Time Limit on Rehearing of State Habeas by On February 6, 2008, the Texas Court of Criminal Appeals (CCA) held that there was no temporal limitation on its rehearing on the court's own motion of previously-decided state habeas corpus applications. Jose Angel Moreno, a …
Article • May 15, 2009
What happened to prison education programs? by Marlene Martin by Marlene Martin What happened to prison education programs? Why have college education programs in prison--proven statistically to have a positive impact on recidivism--all but disappeared, asks Marlene Martin, national director of the Campaign to End the Death Penalty. Analysis: Marlene …
Article • May 15, 2009
Filed under: Family, Marriage
Unjustified Delay in Granting Prisoner’s Request to Marry Actionable by A 19-month delay in granting a Prisoner’s request to marry states a cognizable substantive due process claim. William Engel, a New Jersey state prisoner, submitted a request to marry on September 8, 2005, to prison officials. The marriage committee denied …
Article • May 15, 2009
Washington DOC Guard Fired For Sexually Harassing Co Workers by Ex Washington State Department of Corrections guard John Liniger appealed his dismissal for sexually harassing three female guards. The termination was affirmed. Liniger began working at the Coyote Ridge Corrections Center in 1992. He was suspended in 1998 for making …
Washington DOC Guard Sanctioned For Unnecessary Force by Washington State Department of Corrections (DOC) guard Alonzo Belen appealed a six month salary reduction for procedural and safety violations as well as use of inappropriate force. The reduction was affirmed. Belen was employed as a guard at the Washington Corrections Center …
Article • May 15, 2009
Washington DOC Guard's Pay Reduced After Bringing Loaded Weapon To Work by Washington State Department of Corrections (DOC) guard Sam Woods appealed a six month, ten percent reduction in pay for bringing a loaded weapon onto prison grounds. The reduction was affirmed. Woods became a guard at the Twin Rivers …
Article • May 15, 2009
Washington DOC Guard's Termination For Marijuana Possession Reduced To Suspension by Washington State Department of Corrections (DOC) guard Kenneth Wilson appealed his termination for lying about marijuana possession. The termination was overturned and a six month suspension without pay was implemented. Wilson worked as a recreation specialist at the Washington …
Article • May 15, 2009
Washington State DOC Guard Terminated For Sexually Assaulting Prisoner by Ex Washington State Department of Corrections guard Dondia Lenoir appealed his termination for sexually assaulting a female prisoner and failing to file a report while on home leave. His termination was affirmed for the sexual assault. Lenoir worked at the …
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