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Charging Prisoner for Injured Guard’s Medical Expenses Upheld by Charging Prisoner for Injured Guard's Medical Expenses Upheld The plaintiff complained that money was taken out of his account to pay medical expenses of an officer injured in a disturbance he was disciplined for, and that the procedures were deficient. However, …
Article • December 15, 2007
Filing of Lawsuits Generally Protected Under First Amendment by At 1080 n. 4: "... [T]he First Amendment generally immunizes the act of filing a lawsuit from tort liability under the Noerr-Pennington doctrine. ... Only 'sham' lawsuits fall outside the Noerr-Pennington cloak of immunity. ... A lawsuit is a 'sham' if …
Jail Policy of Cross Gender Guard Doesn’t Establish Liability in Guard Rape by The plaintiff alleged that a male guard had engaged in sex with her, taking advantage of her mental and physical state. The officer was fired and entered an Alford plea to criminal charges. A policy of "cross-gender …
OK Prisoners' Argument, Raised for First Time on Appeal, Not Considered by On November 15, 2001, Leticia Smedley was arrested by police in Tulsa, Oklahoma on suspicion of being intoxicated. She was jailed at the David L. Moss Criminal Justice Center, a facility operated by Corrections Corporation of America (CCA). …
DC Circuit Awards Fees in CIA FOIA Suit by The Court of Appeals for the District of Columbia has held that the appellee in this case was a prevailing party in a lawsuit to enforce his request under the Freedom of Information Act (FOIA), and remanded to determine if he …
Article • December 15, 2007
Suit Filed by Pro Se Prisoner When Received by Court by At 241 n. 1: "Where, as here, a prisoner proceeds pro se, the Court deems the prisoner as having filed a court document on the date that he delivered it to prison officials for mailing." Here the Houston v. …
California Fair Employment and Housing Act Claim Analyzed by California's First District Court of Appeals has reversed a finding of workplace retaliation and expanded upon the elements of a claim under the California Fair Employment and Housing Act (FEHA). This action was initiated by Dr. Margie McRae, who alleged discrimination …
Article • December 15, 2007
West Virginia Supreme Court Rules on Litigious Prisoners by John Dannenberg by John E. Dannenberg The West Virginia Supreme Court of Appeals reacted to what the Randolph County court perceived to be overly aggressive pro per habeas litigation by two state prisoners. At issue ultimately was the tension between the …
Eighth Circuit Reverses Dismissal of Forced Religion Claim by The Eighth Circuit Court of Appeals reversed the dismissal of a prisoner?s Establishment Clause Claim as frivolous. In June 2000, Arkansas prisoner James Munson was granted parole, contingent upon completion of a year long sex offender treatment program called Reduction of …
Article • December 15, 2007
California Prisoner IFP State Civil Filing Fee Statutes Interpreted by John Dannenberg by John E. Dannenberg In an important ruling for all California in forma pauperis (IFP) prisoner state civil complaint plaintiffs, the California Court of Appeal interpreted the application of the mandatory prisoner civil filing fee statutes, Government Code …
Tenth Circuit OKs First Raising Qualified Immunity on SJ by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings, and the district court erred in failing to address the defense in the summary judgment …
Article • December 15, 2007
New York Prisoner Awarded $100,000 for Delayed Surgeries From Work Place Fall by A New York prisoner who was denied medical care for five months was awarded $100,000. On May 25, 1989, New York prisoner Thomas Lenahan fell from a two-story roof in a work accident. He was treated for …
Article • December 15, 2007
New York Prisoner’s Saw Mill Injuries Net $736,000 by New York Prisoner's Saw Mill Injuries Net $736,000 A New York prisoner was awarded $736,000 for injuries incurred in a prison sawmill accident. Mr. Lowe was a 33-year-old New York prisoner when his left, non-dominant, forearm and hand were amputated in …
Article • December 15, 2007
Virginia Prisoner Has No Standing To Access Records Under State’s FOIA by Virginia Prisoner Has No Standing To Access Records Under State's FOIA A Fairfax County, Virginia, Circuit Court has denied a prisoner's petition for writ of mandamus seeking investigative reports under the Virginia Freedom of Information Act (FOIA), holding …
$56,000 Settlement for Torturous Eight Hours in New Jersey Jail by In April 2007, the Borough of Bradley Beach, New Jersey, agreed to pay $56,000 to settle a federal lawsuit alleging multiple constitutional violations by a woman who spent eight hours in the Borough?s jail. Plaintiff Aimee Sliker was arrested …
Article • November 15, 2007 • from PLN November, 2007
Oklahoma Court Orders Sentenced Prisoners Transported to Prison by The District Court for Oklahoma County, Oklahoma has ordered the County's Sheriff to transfer all prisoners awaiting transportation to the Department of Corrections (DOC) within 30 days and any prisoners sentenced after the Court's order are to be so transferred within …
Federal Prisoner Beaten On Texas Recreation Yard Awarded $350,000 by On March 12, 2007, a federal district court awarded $350,000 to a prisoner who was beaten by about 40 other prisoners on the recreation yard of a federal prison in Texas. Plaintiff Luis Garza claimed that while on the recreation …
Article • November 15, 2007 • from PLN November, 2007
Connecticut Strip Search Suit Settles For $2.5 Million by The State of Connecticut will pay $2.5 million to settle a class action lawsuit that alleged the state maintained an unconstitutional practice of strip searching all incoming prisoners at the New Haven Community Correction Center (NHCCC). Plaintiff Charles Campbell claimed that …
Reformed Dental Care Will Have Ohio Prisoners Smiling by Michael Rigby The Ohio Department of Rehabilitation and Correction (ODRC) will hire dozens of dental health care providers, revise policies and procedures governing prisoner dental care, and implement oral health care education programs as part of a settlement agreed to in …
Coleman v. Schwarzenegger, CA, Joint Statement Re Discovery Dispute, Medical Class Action, 2007 1 2 3 4 5 6 7 8 PRISON LAW OFFICE DONALD SPECTER Bar No.: 83925 STEVEN FAMA Bar No.: 99641 E. IVAN TRUJILLO Bar No.: 228790 General Delivery San Quentin, California 94964 Telephone: (415) 457-9144 BINGHAM, …
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