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Article • July 15, 2008
Oregon Prisoner Wins $58,000 for Injury in County Jail by Shane Bowers, a Multnomah County, Oregon prisoner, was housed in a cell which required him to traverse stairs, even though he had a crippled Leg. He sued the jail in state court for new damage thereby caused to his knee, …
Article • July 15, 2008
Oregon PRL Required Disclosure of Records Pertaining to Police Internal Investigations by Patrick Rice and Karen Rutledge, Portland, Oregon residents, sued the city of Portland in state court under state Public Records Law (PRL), Or. Rev. Stat. § 192.420 et seq, to compel disclosure of records pertaining to a police …
Article • July 15, 2008
Oregon PRL Requires Disclosure of Documents Pertaining to Internal Investigations of Cop's Misconduct by May Davis, a citizen of Portland, Oregon, sued Portland police (City) in state court under state Public Records Laws (PR § L), Or. Rev. Stat. 192.420 et sec, to compel disclosure of records for an internal …
Article • July 15, 2008
Oregon PRL Requires Disclosure of Records for Cop's Disciplinary Action for shooting Civilian by The Oregon Publishing Co. (newspaper) sued the city of Portland, Oregon in state court under state Public Records Laws (PRL), Ore. Rev. Stat. § 192.420 et sec, to compel disclosure of records pertaining to the fatal …
Article • July 15, 2008
Filed under: Mental Health
The Good, The Bad and The Mad - Westword article by Alan Prendergast by Alan Prendergast What happens to the mentally ill in the justice system is just crazy. By Alan Prendergast Published: May 29, 2008 On a bitter winter morning four years ago, Heather Gooch stood in her apartment …
Article • July 15, 2008
After Convictions Final, Prisoners Records Subject to Florida’s Public Records Law by The Florida Supreme Court has held that the state attorney and other state agencies must disclose records pertaining to a defendant’s case upon the conviction and sentence becomes final. The disclosure comes under the requirements of Florida’s Public …
Alabama Guard Wins $205,000 in Sexual Harassment Suit by Mark Dempsey, a guard at an Alabama state prison, complained that his supervisor, Jim Gates was sexually harassing him. Gates, among other things, had made inappropriate homosexual remarks and jabbed Dempsey in the anal area with his nightstick. They met with …
Article • July 15, 2008
Michigan Pays $450,000 to Woman Hit by Prison Van by On March 30, 2006, the State of Michigan paid $450,000 to settle a lawsuit brought by a woman who suffered severe leg fractures after being hit by a prison van. Rosalee Farraher, a 69-year-old retired female, claimed in her lawsuit …
Article • July 15, 2008
New York DOC Settles Guard's Religious Observance Suit for $50,000 by Abdul Haqq, a New York state Department of Correctional Services (DOC) guard and devout Muslim, was ordered to stop wearing his kufi (small close-fitting skullcap) at work. He filed suit in federal district court, alleging that the same violated …
New York Prisoner Awarded $500 for 20 Days’ Wrongful Isolation by On June 21, 2006, a New York Court of Claims awarded $500 to a prisoner who claimed he was kept in “almost total isolation” for 20 days while housed at the Elmira Correctional Facility in order to attend two …
OH DOC Not Required to Take Prisoners Outside of Prison for Religious Rites by Ralf Beasley, an Ohio state prisoner, wanted to convert to Orthodox Judaism, but to do so he would have to visit an outside synagogue to receive a ritual bath called a Mikvah. When prison officials refused …
Article • July 15, 2008
Seventh Circuit Reverses FTCA Dismissal; BOP Still Liable for Lost Property by The Seventh Circuit Court of Appeals reaffirmed an earlier holding that the government is not immune from suit for lost property. During a February 2000 “shake down,” federal prisoner David Dahler had a pair of shoes and four …
Article • July 15, 2008
US Parole Restrictions on Computer Access Reversed by The Ninth Circuit Court of Appeals has vacated portions of a district court’s order of supervised release that it found were unnecessary deprivations. Between December 2002 and mid-January 2003, Thomas Sales used his scanner and printer to make counterfeit $20 bills. Following …
Article • July 15, 2008
California: Medical Marijuana Law at Odds with Jail, Prison Policies by John Dannenberg by John E. Dannenberg The California Court of Appeals has held that because California’s 1996 voter-approved Medical Marijuana Program Act (Proposition 115) permits a citizen to possess marijuana for medical use, bringing medically-approved marijuana into a jail …
Article • July 15, 2008
Filed under: Sentencing, Parole
One Dollar Awarded Pennsylvania Prisoner For Arbitrary Parole Denial by Pennsylvania State prisoner Alex Davis brought a 42 U.S.C. § 1983 action against personnel at SCI-Graterford prison in 2003 claiming deprivation of rights. He alleged due process violation for arbitrary parole denial. The jury awarded him one dollar. Davis sold …
Article • July 15, 2008
Contract to Purchase Medical Practice Non-Exempt Under North Carolina Public Records Act by The North Carolina Court of Appeals has held that a contract by a public hospital to purchase a medical practice is not “competitive health care information” that exempts the contract form the State’s Public Records Act. Before …
Article • July 15, 2008
$40,000 Awarded Four Texas Probation Department Employees In Sexual Harassment Suit, by Nueces County (Texas) Community Supervision an Corrections Department (Department) probation officers Elana Rodriguez, Ida Aguilar, Carolina Balli-Kolpak and Sylvia Westrup filed § 1983 and Title VII civil rights action in 2007 against state officials. They claimed sexual harassment …
Article • July 15, 2008
West Virginia Prisoners Can’t use State FOIA for Discovery in State Habeas Actions by Roger Wyant and Lorenzo Valentine (Prisoners), both West Virginia state prisoners, challenged their criminal convictions through state Habeas Corpus actions. They sued in State Court to compel a county clerk to provide them with court documents …
Article • July 15, 2008
West Virginia Police Report of Fight Between Juveniles is a Disclosable Public Record Under State FOIA by Ogden Newspapers, Inc. (Paper), sued the City of Williamstown in state court to compel disclosure of police reports about a fight between two juveniles, pursuant to the state Freedom of Information Act (FOIA), …
Preliminary Injunction For Improved TB Testing in Pennsylvania Prisons by On September 29, 1992, a federal district court granted Pennsylvania state prisoners a preliminary injunction ordering the implementation of a new policy on the detection and treatment of tuberculosis (TB) cases in Pennsylvania state prisons. This is a, class-action suit …
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