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Article • August 15, 2008
MI Prisoner’s Estate’s Wrongful Death Suit Dismissed Because He Caused His Own Death by Swallowing Illegal Drugs by On an undisclosed date, Michigan resident Terance Graham was arrested for marijuana possession. Just before his arrest he swallowed an ounce of cocaine. Later, at the Washtenaw County Jail, he complained that …
MA Prison Conditions Might Amount to Cruel and Unusual Punishment by Richard Smith, a Massachusetts state prison at MCI-Concord, filed suit against prison officials after being disciplined for fighting. He sued numerous guards and administrators in state court alleging a multitude of constitutional and statutory violations. Among them was a …
Article • August 15, 2008
Louisiana Sheriff Immune When Litter-Crew Prisoners Injured by On April 5, 2006, a Louisiana Court of Appeals held that a prisoner who was injured while working on a litter-abatement crew for the sheriff could not sue the sheriff unless he proved gross negligence or an intentional act by the deputy …
Article • August 15, 2008
Minnesota Police Brutality Suit Settles for $110,000 by Hennepin County (Minnesota) jail detainee Philander Jenkins, accused of two murders, filed a civil rights action in 2005 alleging that Minneapolis policeman Jeff Jindra had assaulted him while handcuffed. The City Council reluctantly settled for $110,000. During a 2003 home search, Jenkins …
Article • August 15, 2008
Second-Degree Escape Considered Violent for ACCA Sentence Enhancement Purposes by Tennessee federal prisoner Collis Lancaster, Jr., appealed his sentence enhancement under the Armed Career Criminal Act (ACCA) after the court classified a prior second-degree escape in Kentucky as a violent offense. His sentence was affirmed because an escape was considered …
Article • August 15, 2008
CHP's Liability for Excessive Force May Depend on Plaintiff's Immigration Status by Pretrial motions in a California U.S. District Court were determined in 2006 concerning Jose Angel Martinez Romero's immigration status as it pertained to his § 1983 excessive force action against the California Highway Patrol (CHP). The CHP's motion …
Article • August 15, 2008
New Hampshire DOC Union Representative Ordered to Reveal Client Admissions by An unnamed New Hampshire Department of Corrections (DOC) union representative (petitioner) appealed a court's refusal to quash a subpoena requiring him to testify before a grand jury. The state Supreme Court denied his appeal and ordered that he reveal …
Illinois Police Misconduct Investigative Documents Ordered Disclosed by Self-proclaimed journalist Jamie Kalven filed a motion to intervene in a 42 U.S.C. § 1983 action for police misconduct which subsequently settled. The motion was granted and production of the investigative documents he sought was ordered. Diane Bond brought an action against …
Article • August 15, 2008
Escape From Jail or Prison Categorically Constitutes Crime of Violence by Montana federal prisoner Shane Savage appealed a sentence enhancement for a prior escape from a state jail that was used to calculate his current sentence. The enhancement was confirmed because the escape categorically constituted a crime of violence under …
Article • August 15, 2008
Filed under: Searches, Strip Searches
Indiana Public Strip Search Held Unconstitutional by Indiana state resident James Campbell appealed a jury's dismissal of his 42 U.S.C. § 1983 action for Fourth Amendment violations after being strip searched in public. The court partially affirmed, but remanded for damages against the cop who had searched him. A police …
Article • August 15, 2008
TDCJ Policy for Female Guards Strip Searching Male Prisoners Judicially Monitored by Texas federal prisoner Albert Aranda and approximately 100 other prisoners filed suit against the Texas Department of Criminal Justice (TDCJ) in 1989. They alleged constitutional violations for male prisoners being strip searched by female guards. The court ordered …
Article • August 15, 2008
New York Law Allows Women to Bare Breasts; False Arrest Claim Settled for $29,000 by New York state resident Jill Coccaro, a.k.a. Phoenix Feeley, prevailed in an action against the City after being arrested for baring her breasts in public in 2005. The City settled for $29,000 but admitted no …
Improper Jury Instruction Vacates Four Aggravated Rape Charges Against Oklahoma Sheriff by Federal prisoner and ex-Larimer County (Oklahoma) Sheriff Melvin Holly appealed his conviction for five counts of felony deprivation of rights related to numerous incidents of sexual abuse. He claimed that an inappropriate jury instruction had resulted in the …
Article • August 15, 2008
Denver Police Department's Blanket Denial of Investigative Records Ruled Abuse of Discretion by Colorado state resident Stephen Nash sought review of a denial of requested Internal Affairs Bureau (IAB) files by the Denver Police Department (DPD). The files involved police misconduct during the improper monitoring of Nash's activities, which resulted …
California Rehabilitation Facilities Not Responsible for Escaped Residents’ Criminal Actions by California state residents Jasper Rice and Jennifer Asbury (plaintiffs) appealed the dismissal of their negligence action against Center Point, Inc. and Humbolt Recovery Center (defendants). Four of the defendant’s residents had escaped from the rehabilitation facility and stabbed the …
Article • August 15, 2008
Washington SVP Statutory Amendments re Re-Commitment Hearings Not Retroactive by Washington state civilly committed sexually violent predators (SVPs) Harry Fox, Robert Jones and Anthony Jacka appealed the dismissal of their previously-ordered re-commitment hearings. The appellate court found that SVP statutory amendments operated to deny Fox and Jones hearings, but Jacka's …
Kentucky Jail Guards Win $872,000 in Discrimination, Retaliation Suit After Appellate Remand by Kelvin Brooks, a guard at the jail in Jefferson County, Kentucky, was black and had a race-related skin disease (PFB) that was irritated by shaving, so he wore a beard. Ron Bishop, the jail director, fired Brooks …
Article • August 15, 2008
Kentucky County Settles Loss of Consortium Suit for Undisclosed Amount by Phillip D. Hurst, a Kentucky prisoner, was taking prescribed methadone. When he returned one night to a Lexington County work release center in an intoxicated state, he was examined by two nurses who thought he was experiencing diabetes-related symptoms. …
Article • August 15, 2008
Artwork Sold on City Grounds Protected by First Amendment; No Permit Required by The City of Sparks, Nevada appealed a district court ruling that allowed artist Steven White to display and sell his paintings in parks and Victoria Square without a permit or prior permission from the City. The appellate …
Article • August 15, 2008
Filed under: Police, False Arrest
$215,000 Settlement in Maryland False Arrest Case by Daniel Miller was paid $215,000 to settle a civil rights action after he was falsely arrested and spent 19 days in jail in Prince George’s County, Maryland. The Associate County Attorney said the settlement did not reflect any wrongdoing. The case stemmed …
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