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Suit Over Mental Patient’s Murder Dismissed by The decedent was strangled by another mental patient, who had the previous day threatened to kill someone in order to be transferred to the other building, and who had attempted to choke another patient previously. The defendant doctor had met with the assailant …
Article • August 15, 2008
Police Harassment Upheld by The plaintiff homeowners alleged that police officers verbally harassed them, intimidated them, occupied their property without permission, deliberately lied in official documents, and perjured themselves in official court proceedings in order to do the homeowners harm. This conduct does not "shock the conscience" as required to …
Article • August 15, 2008
Drug Tampering Conviction Bars BOP Good Time Award by Tampering with a consumer product with reckless disregard for risk of death or bodily harm could reasonably be determined to be a "crime of violence" precluding early release for completion of a drug rehabilitation program. The petitioner so precluded from the …
No Liability for Prison Killing by Mass Murderer by The decedent was brutally murdered by another prisoner who had previously murdered his two sons, his girlfriend, and a prostitute, who had a non-trivial disciplinary record, and who had written a letter to the warden from segregation describing himself as homicidal …
Article • August 15, 2008
Inadequate Washington State Jury Instruction Regarding Reasonable Doubt Ruled Harmless Error by Washington State prisoner Bruce Bennett, Jr., sought review in 2006 of an appellate affirmation of his escape conviction. He claimed that an inadequate jury instruction led to his conviction. The court ruled the instruction harmless error. Bennett was …
Article • August 15, 2008
Washington State Patrol Exceeded Authority Impounding Vehicles For Suspended Drivers License by Washington State resident Mark Potter appealed the dismissal of his class action suit against the Washington State Patrol (WSP) for wrongfully impounding vehicles due to suspended driver’s licenses. The dismissal was reversed and remanded for further proceedings. Due …
$1.5 Million Awarded Female Washington Attorneys For Workplace Abuse By Prosecutor by Thurston County (Washington) criminal prosecutor's office employees brought civil rights violations action against the County for gender discrimination and hostile work environment beginning in 2001. Audrey Broyles, Susan Sackett Dan Pullo, and Vonda Sargent (plaintiffs) were awarded $1,522,000 …
Article • August 15, 2008
$100,000 Awarded Daughter Of Man Negligently Killed By Nashville Police by Tennessee resident Angela Rhodes, representing her daughter, Angela Denham, brought is against the Metropolitan Government of Davidson County after her father, James Denham, was accidentally shot and killed in 2005. The suit settled for a meager $100,000. James Denham …
Article • August 15, 2008
Texas Attorney To Repay $200,000 He Stole From Imprisoned Father by Ex Texas federal prisoner John Kennedy (plaintiff) brought suit against his son Michael for theft, conversion, and fraud after stealing his money and turning the plaintiff in to the Internal Revenue Service (IRS). His son was ordered to repay …
Article • August 15, 2008
$185,000 Settlement In Ohio Deceased's Estate For Racial Discrimination And Retaliatory Termination by Ohio State Resident Sheila Smoot, acting as administratrix of her deceased husband Robert's estate, brought suit for racial discrimination and retaliatory termination in 2006 against the Hillcrest Training Center (HTC) juvenile facility. The suit settled for $185,000. …
Article • August 15, 2008
Arkansas State Agency Prepared Taxpayer Documents Ordered Disclosed by Arkansas State corporation Ryan & Company AR, Inc. (Ryan) appealed a court ruling exempting the disclosure of specific taxpayer related legal opinions under the state Freedom of Information Act (Act). The ruling was reversed and the redacted disclosure was ordered. Ryan …
Article • August 15, 2008
Filed under: Police, Police Chases
$1.2 Million Settlement For Childrens' Death During D.C. Police Chase by District of Columbia (D.C.) residents Towhanna Boston and Christopher Suydan, Sr., brought suit after a D.C. police pursuit caused the death of Suydan's children in 2004. The suit settled for $1.2 million. Suydan and his two children, Octavia and …
Article • August 15, 2008
San Leandro (California) Police Taser, Choke Man To Death; $395K Settlement by A San Leandro (California) family (plaintiffs) brought suit against the city and it's police after the tasing and choking of Jose Perez, Jr., in 2005 resulting in his death. The suit settled on May 24, 2007 without admission …
Article • August 15, 2008
Salinas (California) Police Harassment, False Arrest Suit Settles For $90,000 by San Mateo County (California) Superior Court staff Paralegal and youth football coach, Maurice Goodman, brought a § 1983 action for civil rights violations against the City of Salinas and police for being falsely arrested in 2005. The suit settled …
Article • August 15, 2008
Maine Ambulance Service Ordered To Respond To Reduced Rate Prison Calls by The Maine Department of Public Safety, Department of Emergency Medical Services (Department appealed a court ruling that it's board erred in requiring the Town of Warren Ambulance Service (Service) to respond to calls at the State Prison. The …
Article • August 15, 2008
San Diego Sheriff’s Employee Terminated for Marrying A Felon by San Diego (California) ex sheriff's department employee Arleshia Graham appealed mandamus denial by the Civil Service Commission (CSC) challenging her 2005 termination for marrying a felon. Her termination was affirmed. A long time employee and recently promoted processing supervisor, Graham …
Article • August 15, 2008
U.S. Court Of Claims Lacks Jurisdiction Over Eighth Amendment Based Tort by Arizona federal pro se prisoner Jerome Trafny appealed his Eighth Amendment based tort claim dismissal. He alleged that the Federal Bureau of Prison's (BOP) failure to supply medication after eye surgery caused injury. The dismissal was affirmed for …
Article • August 15, 2008
Michigan State Treasurer Seizes 90 Percent Of Prisoner's Suit Proceeds by Michigan State prisoner Raymond Jackson sought leave to appeal an appellate ruling allowing the state treasurer to seize 90 percent of his federal action proceeds under the State Correctional Facility Reimbursement Act (SCFRA). His attorneys appealed the reduction of …
Article • August 15, 2008
No Constitutional Right To Watch T.V. In California Jail by California State pro se prisoner Andrew Andersen appealed the dismissal of his § 1983 and state violation action. He alleged television access violations, subjection to a single religion and misuse of prisoner funds while detained in the Orange County Jail. …
Article • August 15, 2008
CCA Denied Over $2 Million In Tax Deductions by Corrections Corporation of America (CCA) appealed a New Mexico court denial for gross receipts tax deduction claims totaling over $2 million. The denial was affirmed due to the "per diem rate" prisoner housing calculation. CCA contracts to house prisoners for the …
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