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Article • January 15, 2009
Illinois Prisoner Awarded Attorney Fees After Egregious DOC Records Denial by Bob Williams By: Bob Williams Illinois State prisoner William Callinan appealed a court denial for the award of attorney fees and costs after successfully litigating against records denial and excessive copying fees by the State Department of Corrections (DOC) …
Michigan Municipal Policy Creates § 1983 Liability Without Constitutional Violation By Agents by Bob Williams By: Bob Williams Michigan's Grand Traverse County (County) motioned for judgment as a matter of law in 2006 after a jury verdict of guilty regarding a deliberate indifference suit filed by former jail prisoner Amy …
Article • January 15, 2009
New Jersey State Audit Reports DOC Life Skills Program Contractually Noncompliant by Bob Williams By Bob Williams The New Jersey State Legislature Auditor's Office conducted an investigation into contractual expenditures, policies and provisional compliance of the Department of Correction’s (DOC) Life Skills Academy (LSA) program. The 2006 report reflected the …
Article • January 15, 2009
Pennsylvania Prisoners Remain On Death Row After Death Sentences Vacated by Bob Williams By: Bob Williams Pennsylvania State death row prisoners appealed the dismissal of their 2005 § 1983 and mandamus complaint regarding restrictive confinement and the medical conditions it caused. Their death sentences were either vacated or overturned but …
Prisoner's Action Dismissed For Non Exhaustion; Remanded To Ascertain Officials' Interference by Bob Williams By: Bob Williams Leavenworth (Kansas) federal pro se prisoner Jose Aquilar-Avellaveda appealed the dismissal of his Bivens complaint against prison officials for legal material confiscation and disposal, restrictive segregation and sleep deprivation. The dismissal for non-exhaustion …
§ 1983 & Bivens Procedural Defaults Under § 1915 Must State Specificity For Dismissal by Bob Williams By: Bob Williams District of Columbia (Washington) prisoners Michael and Charles Thompson individually motioned for leave to proceed in forma pauperis (IFP) to appeal their 42 U.S.C. § 1983 dismissals. The government argued …
Article • January 15, 2009
ACLU Says Federal Death Penalty Prosecutions Racially Biased by Bob Williams By: Bob Williams The American Civil Liberties Union (ACLU) alleged that racial disparities exist surrounding the implementation of the federal death penalty (FDP). They claim that United States Attorney Generals (AG) Reno, Ashcroft and Gonzales seek the FDP for …
Article • January 15, 2009
Ohio Reformatory Liable For Loss Of Prisoner's Property by Bob Williams Ohio State prisoner Harmony Love sought recovery of the value of personal items lost by the Ohio Reformatory for Women (ORW). The court awarded Love $511.62 and assessed court costs against the ORW. Love was incarcerated in the ORW …
Article • January 15, 2009 • from PLN January, 2009
Filed under: Telephones, Telephone Rates
Georgia Sheriff Must Give Revenue from Prisoner Phone Calls to County by David Reutter Georgia Sheriff Must Give Revenue from Prisoner Phone Calls to County by David M. Reutter The Georgia Court of Appeals has held that a sheriff must turn over to the county all revenue from a profit-sharing …
Violence at Oklahoma Prisons Leaves Two Dead, Twenty-Five Injured by Matthew Clarke by Matt Clarke On May 19, 2008, at approximately 12:30 p.m., a fight broke out between Native American and black prisoners at the Oklahoma State Reformatory (OSR) in Granite. When the skirmish ended five minutes later, two prisoners …
Article • January 15, 2009 • from PLN January, 2009
Filed under: News, News in Brief
News in Brief: by Arkansas: On July 24, 2008, Joshua Albright, a prisoner in the Johnson county jail, was being transported to the Oklahoma Department of Corrections to serve a 40 year sentence for armed robbery. Deputies stopped at the Johnson county jail so Albright could use the bathroom and …
Sixth Circuit Now Permits § 1983 Complaint to Proceed Even If Prisoner Did Not Initially Plead Exhaustion Below by Sixth Circuit Now Permits § 1983 Complaint to Proceed Even If Prisoner Did Not Initially Plead Exhaustion Below The Sixth Circuit U.S. Court of Appeals has vacated its precedent which held …
$12,000,000 Awarded To family of Victim Allegedly Murdered by Convicted Felon by A California jury has awarded $12,000,000 to the family of a woman allegedly murdered by an apartment complex maintenance man who was a convicted felon. The plaintiff’s 30-year-old daughter was reported missing on August 17, 2004. Several weeks …
Article • January 15, 2009
$200,000 Verdict Awarded to Citizen Who Tripped and Fell on Jail Property by A New York state court jury awarded a woman $200,000 in total damages for injuries incurred after she tripped and fell on the side walk in front of a New York City Jail. The 62-year-old woman, who …
Article • January 15, 2009
$500,000 Settlement In Shooting Death of Mentally Ill Individual by The Sheriff of Franklin County, Ohio agreed to settle a suit concerning the shooting death of a mentally ill individual for $500,000. Nasir A. Abdi, a Somali immigrant, had a history of mental illness. When Abdi failed to comply with …
Article • January 15, 2009
4 Year Statute of Limitations Applies to 1983 Claims Filed in Florida by The Eleventh Circuit Court of Appeals has held that a 42 U.S.C. § 1983 action filed by a person in Florida has a four-year statute of limitations. The Court’s holding reversed a Florida federal district court’s dismissal …
Arkansas Juvenile Center Continues Violating Rights Despite 2003 Court Enforceable Agreement by Bob Williams By Bob Williams Arkansas protection and advocacy group Disability Rights Center (DRC) reported on conditions at the Alexander Youth Services Center (Center) in 2006. The programs at the Center were determined inadequate and discriminatory in some …
Article • January 15, 2009
Dismissal with Prejudice Improper for Partially Exhausted Prisoner Civil Rights Complaint by On April 7, 2005, the Tenth Circuit Court of Appeals reversed a District Court decision dismissing Colorado State prisoner James Ralph Dawson, Jr.'s civil rights complaint with prejudice for failing to exhaust administrative remedies on multiple claims. In …
Religious Sincerity, Not Necessity, Satisfies Free Exercise Claim by Utah State prisoner Karl Kay appealed the dismissal of his § 1983 action for denial of religious materials, parole based due process violations and retaliation for seeking counsel. The court reversed dismissal of his religious materials denial claim, affirmed the balance …
Article • January 15, 2009
Unnecessary Delay Of Probation Revocation Proceeding Unjustified Absent Timely Warrant by United States prisoner Randall Crisler appealed the revocation of his probation for violating it's conditions. The delayed revocation was ordered after his probation expired and his supervised release was ordered terminated by the appellate court. Crisler was sentenced to …
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