“Shocks the Conscience” Test Applied to Conditions at Civil Commitment Center by The Eighth Circuit Court of Appeals has held that the “shocks the conscience” standard, as opposed to the “professional judgment” standard, is the proper analysis when determining an alleged due process violation based on the treatment and discipline …
Eighth Circuit: Procedurally Defaulted Grievances Decided on Merits are Considered Exhausted by On June 15, 2012, the Court of Appeals for the Eighth Circuit reversed the dismissal of a prisoner’s claims related to inadequate medical care. Missouri state prisoner Mark E. Hammett, while housed at the Jefferson County Correctional Center, …
Eighth Circuit Affirms Post-Verdict Nominal Damages Request by The Eighth Circuit Court of Appeals affirmed a lower court's denial of a post-verdict request to instruct the jury to award nominal damages and a motion to alter or amend the judgment to include nominal damages. Clayton Miller was seen visibly intoxicated, …
Supreme Court Adopts Strickland Prejudice Standard for Rejected Plea Bargains by Derek Gilna The U.S. Supreme Court, in a 5-4 ruling, has extended Strickland guarantees of effective legal representation to defendants entering into plea bargains. According to Justice Anthony Kennedy, who delivered the majority opinion of the Court, “The reality …
Tanner v. City of Sullivan, Jury Verdict, Jail Suicide, 2013 Case: 4:11-cv-01361-NAB Doc. #: 199 Filed: 01/18/13 Page: 1 of 2 PageID #: 3702 VERDICT Note: Complete this form by writing in the names required by your verdict. On the claim of plaintiffs Debora Tanner, Danny Palmer, and Callista Baker …
Missouri County Ordered to Present Civil Detainees Before Court within 27 Hours; $75,000 Damages Settlement by A Missouri federal district court has entered a consent decree in a class-action lawsuit that prohibits county officials from holding people detained for more than 27 hours, excluding weekends and holidays, on a civil …
Jones v. City of St. Louis, MO, Complaint, Mistaken Identity, 2012 Case: 4:12-cv-01220-ERW Doc. #: 27 Filed: 09/06/12 Page: 1 of 18 PageID #: 204 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION TRAVIS JONES, Plaintiff v. CITY OF ST. LOUIS Serve: Francis Slay, Jr. 1200 …
Fahy v. TASER International, MO, Deposition, Use of Tasers, 2012 Deposition of Dr. Mark Kroll - 8/24/2012 Colin Fahy v. Taser International, Inc., et al. Page 1 1 IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS 2 STATE OF MISSOURI 3 CAUSE NO. 0922-CC10076-01 4 -------------------------------- 5 COLIN …
Termination from Drug Treatment Program Fails to State Liberty Interest Claim by The Eighth Circuit Court of Appeals has held that the decision of prison officials to remove a prisoner from a drug treatment program, which made him ineligible for a probated sentence, was insufficient to confer a liberty interest …
Missouri Court Finds Prisoner Phone Contract Bidding Process Unfair by On November 30, 2011, a Missouri circuit court held that adding optional services to the state’s prisoner telephone contract without putting those services out for competitive bidding would render the contract void. The court found the current contract was valid, …
Davis v. Tenet Health System, MO, Petition, Wrongful Death Thrombosis, 2012 IN THE CIRCUIT COURT OF SAINT LOUIS CITY STATE OF MISSOURI ) ) Plaintiff, ) Cause No. ) v. ) Division No. ) TENET HEALTH SYSTEM SL, INC. ) d!bla ) SAINT LOUIS UNIVERSITY HOSPITAL ) ) (Serve: The …
Missouri Offender Rulebook MO DOC 2012 OFFENDER RULEBOOK -\ \ MISSOURI DEPARTMENT OF CORRECTIONS / . MISSOURI DEPARTMENT OF CORRECTIONS MISSION STATEMENT The Missouri Department of Corrections supervises and provides rehabilitative services to adult offenders in correctional institutions and Missouri communities to enhance public safety. I ___--=..:::-=--=--~~ .t.i!.l,_,c---;;;=======:::::::::::::::===============- ! I …
The Criminalization of Mental Illness in Missouri by Christopher Cross In response to the 1999 U.S. Supreme Court ruling that prohibits states from forcing people with mental health disabilities to live in state mental institutions when they are capable of living in community settings, state governments turned to using jails …
8th Circuit Court of Appeals Dismisses Missouri Jail Failure to Protect and Medical Neglect Case by On December 23, 2008, William Holden filed a 42 U.S.C. § 1983 claim against guards in the Marion County, Missouri Jail alleging failure to protect and failure to provide adequate medical treatment. This claim …
8th Circuit Court of Appeals Examines Possession in Prison Searches by The 8th Circuit Court of Appeals affirmed a Missouri federal district court’s dismissal of a petition for writ of habeas corpus that alleged denial of due process. Petitioners Carroll James Flowers and Christopher Michael Danner instituted separate actions against …
Missouri Federal Court Enjoins Denial of Housing Assistance to Sex Offender by Matthew Clarke by Matt Clarke On March 14, 2011, a federal court in Missouri temporarily enjoined the Housing Authority of St. Louis County (HASLC) from denying housing assistance to a seriously ill man who had been convicted of …
Mays v. Howell, MO, Complaint, Police Shot Dog, 2012 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI NORTHERN DIVISION MARCUS MAYS, Plaintiff, v. DOUG HOWELL and CITY OF LAGRANGE, MISSOURI, Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 2:12-CV-6 JURY TRIAL DEMANDED PLAINTIFF’S COMPLAINT COMES …
Qualified Immunity Denied to Guard Who Failed to Provide Safe Transport by by David M. Reutter The Eighth Circuit Court of Appeals held on March 4, 2008 that a guard was not entitled to qualified immunity concerning a prisoner’s claim that the guard failed to provide safe transport, violating the …
