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Article • February 15, 2009
Indiana Prisoner Entitled to Seek Public Prison Records by Indiana’s Third District Court of Appeals held it was error to dismiss a prisoner’s complaint seeking to compel prison officials to allow him to inspect and copy public records. In 2004, Eric D. Smith, a prisoner at Indiana’s Maximum Control Facility …
Article • February 15, 2009
California SVP Act Allows Indeterminate Department Of Health Commitment by California Sexually Violent Predator (SVP) Ronald Carroll appealed his indeterminate commitment to the State Department of Mental Health (DMH) after a two year statutory commitment provision was amended. The commitment was affirmed. Carroll was convicted of rape in 1970 and …
Article • February 15, 2009
$210,000 Settlement For Execution Of Dog By Richmond, California Police by Richmond (California) residents Cynthia Peters and Mark Parr brought a federal action against Richmond police who shot their dog while pursuing a suspect. The suit settled for $225,000. Two Violence Suppression Unit police officers were pursuing a suspected drug …
Article • February 15, 2009
California Presentence Confinement Credit Not Applicable To Time On Bail by The Ventura County (California) District Attorney (DA) appealed a 2006 award of 434 days presentence confinement credit to a state prisoner subjected to electronic monitoring on bail prior to her conviction. The award was reversed. Esther Anaya was entrusted …
Federal "Relation Back" Doctrine Intended To Expand, Not Limit, Prisoners' Rights by New Jersey State prison officials, guards and riot team personnel (defendants) moved for summary judgment dismissal of an amended 42 U.S.C. § 1983 complaint following a 30 day lockdown at the Bayside Prison. The amendment allowed an already …
Article • February 15, 2009
Ohio Pays $552,500 For 13 Years Of Wrongful Imprisonment by Ohio ex prisoner Anthony Green settled his wrongful imprisonment action against the Ohio Department of Rehabilitation and Correction for $552,500. He had been imprisoned for 13 years. Green was found guilty by a Cuyahoga County jury for rape and aggravated …
Article • February 15, 2009
Oregon Prohibits Public Individuals' Cause Of Action Elimination Absent Adequate Substitution by The Oregon Health Sciences University (OHSU) sought review of an appellate ruling disregarding statutory provisions and allowing claims against the OHSU's individual defendants for neglect causing permanent brain damage to Jordan Clarke in 1998. Clarke's guardian, Sari, sought …
Article • February 15, 2009
Dancing Prisoners: Why it isn't funny anymore by Carlo Osi By Carlo Osi | 09/22/2008 10:44 AM PHILADELPHIA – The Dancing Prisoners, if you will recall, was the Internet sensation in 2007 when prisoners from Cebu danced their way to international stardom by moving to the groove of Michael Jackson's …
$2,000 Settlement For Federal Prisoner's Lost Property And Legal Work by Wisconsin federal prisoner Joseph Davis brought a combined 42 U.S.C. § 1983 and federal tort action in 1997 after guards lost his property and legal documents, and assaulted him during a transfer to another prison. He claimed that he …
Federal Prisoner Sues For $1 Million After Being Raped By Guard by Kentucky federal prisoner Katherine West Wegner (plaintiff) brought a federal tort action for $1 million in 1995 after being raped by a Bureau of Prisons (BOP) guard. The guard had prior known incidents of such behavior that went …
Federal Prisoner's Suit Settles For $1,500 after Falling From Bunk by Virginia federal prisoner Glen Francis brought a federal tort action in 1995 for $200,000 after being injured at FCI Petersburg while climbing down from his bunk. The suit settled for $1,500. Francis was on his top bunk when FCI …
Article • February 15, 2009
Mississippi To Ensure Deaf Citizen's Right To Jury Participation by Harrison County (Mississippi) entered into a settlement agreement with the U.S. Department of Justice (DOJ) ensuring deaf and hard of hearing individuals' right to participate in circuit court programs and services. This came after Mississippi resident Charles Carver was disqualified …
Article • February 15, 2009
Montana Detention Center May Not House Out Of State, Federal Prisoners by Montana Attorney General Mike McGrath, upon request of Hardin City Attorney Rebecca Convery, issued an opinion that detention center officials lack the authority to contractually house out of state and federal prisoners. A reportedly $20 million detention center …
Article • February 15, 2009
Montana Prison Settles Suit For Employees' Interrupted Lunch Breaks by Fourteen Montana State Prison (MSP) employees brought suit against the state Department of Corrections for reimbursement after allegedly working through their lunch breaks. The suit for damages in excess of $250,000 settled for $124,000. MSP employees consisting of three shift …
N.Y. Affirms Multiple Accumulating DOC Disciplinary Proceedings For Same Incident by New York State prisoner Derek Josey sought review of an intermediate appellate court ruling allowing the Department of Correctional Services (DOCS) to punish him multiple times for the same incident. New York’s highest court ruled that res judicata did …
N.Y. Corrections Veteran Awarded $150,000 For Retaliation by New York State guard Patricia Luca brought 42 U.S.C. § 1983 action against Nassau County, it's police and sheriff's departments, Civil Service Commission and various individuals. She alleged gender discrimination and retaliation for having filed a sexual harassment complaint. Luca was awarded …
Article • February 15, 2009
N.Y. Guards Remain In Nassau Correction Center Kitchens by The Nassau County (New York) Sheriff Officer's Association, Inc. (SOA) appealed their preliminary injunction denial allowing civilian workers and supervisors to replace guards at the Nassau County Correction Center (NCCC). The denial was reversed. The SOA filed suit after kitchen workers …
Article • February 15, 2009
N.Y. Land Records' Denial Remanded For Privacy, Preparation Determination by Nationally operated Data Tree, Inc., LLC., sought review of an appellate affirmation denying public land records requested under the state's Freedom of Information Law (FOIL). The denial was reversed and remanded for an in camera inspection to determine electronic accessibility …
Nassau County Attorney's Representation Of Assistant D.A. Terminated For Suspicion by Nassau County (New York) and District Attorney Dennis Dillon appealed an order granting reimbursement for private counsel obtained by Assistant District Attorney Marie Salem in a 42 U.S.C. § 1983 defamation suit. The County also appealed a protective order …
Article • February 15, 2009
$316,131 Settlement In Ex BOP Employee's Civil Rights Suit by Former Federal Bureau of Prisons (BOP) employee Shelly Sheets brought a 42 U.S.C. § 1983 action against the BOP in 1997, alleging disparate treatment, sexual harassment and retaliation. A jury awarded Sheets a total of $316,131. Sheets, a seven year …
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