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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 …
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 …
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