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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 …
Article • January 15, 2009
Virginia Guard Injured in Prison Transport Van Accident Settles for $200,000 by A Virginia State jury awarded $250,000 to a guard who was injured while driving a prisoner transport van. While transporting several prisoners, the van driven by guard Ralph P. Tolbert was hit by a car that drove out …
Article • January 15, 2009
Death Sentence Substantiated By Psychologist's Court Ordered Testimony Of Confidential Statements by Arizona State prisoner Donald Beaty appealed a court's use of confidential statements in his capital punishment proceeding that he made to a psychologist. The court ruled that his statements were voluntary as was his presence in the group …
Illinois War Veteran Awarded Over $2 Million For Malicious Prosecution by Illinois resident and retired Marine Timothy Finwall brought a 42 U.S.C. § 1983 action against the City of Chicago, two of its detectives and resident Mary Boswell for illegal, unethical and malicious prosecution. He was framed in 2001 for …
§1915 "Three Strikes" Rule Precluding In Forma Pauperis Filing Not Unconstitutional by New York State pro se prisoner Wilfredo Polanco petitioned for leave to proceed in form pauperis (IFP) and for appointment of counsel to appeal the denial of IFP status in a lawsuit against the state's Department of Correctional …
California Act Requires Three Drug Abuse Violations Before Parole, Probation Revocation by California State prisoner Barry Hazle appealed his probation revocation for drug abuse violations that sent him to prison. His third revocation petition alleged violations occurring prior to his second. The court reversed the incarceration ruling. Hazle pled guilty …
Article • January 15, 2009
New York Ex Parolee's Discharge Reversed For Restitution Determination by Sullivan County (New York) District Attorney Stephen Lungen petitioned to vacate and reverse the State Division of Parole's (DOP) discharge of ex parolee Kera Peters. An increased restitution order was inadvertently not applied and her discharge precluded its payment. The …
Residence Restriction On Federal Prisoner's Supervised Release Deemed Necessary by Federal Prisoner and American Indian Sheldon Alexander appealed a supervised release condition requiring him to reside in Grand Rapids, Michigan. It was implemented to isolate him from past influences and was ruled necessary to protect the public. Alexander's confessed alcohol …
Article • January 15, 2009
Seized Nebraska Evidence Ordered Returned After Charges Dismissed by Nebraska State pro se prisoner Timothy Agee appealed the denial of a motion to order the County Sheriff to return his seized property after his theft charge was dismissed. The denial was reversed. Agee was charged separately in 2004 with theft …
Article • January 15, 2009
Federal Court Orders California Parole Board to Set Lifer’s Term; Reversed on Appeal by by Marvin Mentor The U.S. District Court for the Northern District of California ordered the state Board of Parole Hearings (BPH) to fix a term within 30 days for a second-degree murderer who had been denied …
Article • January 15, 2009
Texas Guards Not Immune from Theft Liability Act Claim by On July 12, 2007, a Texas Court of Appeals held that sovereign immunity does not prevent a Texas state prisoner from suing prison guards in their individual capacities for confiscating and destroying his property, in a claim brought under the …
Untreated Diabetic Los Angeles Jail Detainee May Sue for Failure to Provide Medical Care by by John E. Dannenberg The California Court of Appeal, Second District, has held that a diabetic Los Angeles jail detainee who was denied medical care for over 24 hours could sue the Los Angeles Sheriff’s …
Administrative Exhaustion “Yardstick” Under PLRA is Prison Grievance Procedures by by David Reutter The Third Circuit U.S. Court of Appeals has held in an unpublished ruling that the determination as to whether a prisoner has “properly” exhausted a claim is based on an evaluation of the prisoner’s compliance with institutional …
Article • January 15, 2009
California Appellate Court Affirms Parole for Lifer Over Governor’s Objection by by John E. Dannenberg The California Court of Appeal, Second District, Division 6, affirmed a superior court’s ruling that had overturned Governor Arnold Schwarzenegger’s reversal of a favorable parole decision for a second-degree murderer. Applying an “especially close scrutiny” …
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