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Article • June 15, 2008
FBI Informant Sues for 110 Days False Imprisonment in Oregon Prison by An FBI informant is suing the Oregon Department of Corrections (ODOC) for holding him 110 days past his release date. In the late 1970s, Jack Rowlands gained notoriety by planting a bomb at Portland International Airport, in a …
Article • June 15, 2008
Federal Courts Can't Dismiss Prisoners' Civil Rights Actions Simply Because They're Inartfully Pleaded by Walter Gordon, a South Carolina state prisoner, sued prison officials in federal district court under 42 U.S.C. § 1983 after he was assaulted and raped by other prisoners. Stephen Young, a Maryland state prisoner, filed his …
Federal FIOA Doesn’t Apply to OH State Agencies by Jan Becker, an Ohio state prisoner, petitioned for a Writ of Mandamus in state court to compel the state Highway Patrol to disclose documents under the federal Freedom of Information Act (FOIA), 5 U.S.C. § 551(1) et seq. and the state …
Article • June 15, 2008
Florida DOC Can't Inspect Guards' Homes in Workers' Compensation Case by Numerous guards at the Volusia County (Florida) Department of Corrections (DOC) filed for Workers' Compensation in state court after being exposed to toxic molds while at work. The DOC moved for an order compelling inspection of the guards' homes …
Article • June 15, 2008
Filed under: Searches, Police Searches
Florida Man Wins $253,350 for Unlawful Search and Seizure by Raphael McKinon, a nurse in Sarasota, Florida, refused to allow his estranged, belligerent girlfriend to enter his home to collect her things. She was accompanied by Eric Bolden and Sue Woniya, both Sarasota cops, who arrested McKinon, allegedly pursuant to …
Article • June 15, 2008
Florida Citizen Awarded $10,000 in Police Brutality Suit by A Florida woman identified only as Rowland was stopped in a motel parking lot by police in Daytona Beach Shores, Florida. As she was answering one cop's questions, another one sneaked up behind her and kicked her feet from under her, …
Article • June 15, 2008
Florida’s Public Records Law Exempts Attorney Notes by Florida’s Supreme Court has affirmed a trial court’s order finding that certain documents in the State attorney’s file are exempt form disclosure under Florida’s Public Records Act. The trial court reviewed the documents in camera. If found the documents in question, which …
Georgia Suicide Claim Reinstated Against PHS by The Georgia Court of Appeals reversed the dismissal of a negligence claim against Prison Health Services, Inc. (PHS) stemming from a 17-year-old detainee’s suicide. The Court also concluded individual defendants were not entitled to official immunity, because they performed ministerial, rather than discretionary …
Article • June 15, 2008
Giving Prisoner Security Merits Dismissal of Washington Guard by The Washington State Personnel Appeals Board (PAB) has held that dismissal is the appropriate sanction for a guard’s willful act of giving a prisoner his state issued keys. Before the PAB was the appeal of Jevan Combs, a guard at Mc …
Article • June 15, 2008
Michigan Prisoner Properly Denied Free Documents Under FOIA by Ricky Williams, a Michigan state prisoner, sued in state court to compel disclosure of documents by the prison records manager (Manager) without having to pay for them, pursuant to the state Freedom of Information Act (FOIA), Mich. Comp. Laws § 15.231 …
Article • June 15, 2008
Maryland Prisoner Wins $230,144 in Police Brutality Suit by Charles Totten, a Maryland state prisoner, tried to escape Baltimore cops John Burns and Stephen Kolackovsky on foot. When they caught him, they cuffed him, slammed his head into the street in a "pile driven" fashion and threw him in the …
Article • June 15, 2008
Maryland Settles Suit Over Guard Wearing Dreadlocks by On 05-24-04, Maryland settled a suit brought by a prison guard who was disciplined for failing to cut his dreadlocks. Jonathan Booth was a 35-year old, married, black Maryland prison guard when he was ordered to cut his dreadlocks. Booth, who is …
Article • June 15, 2008
Filed under: Medical, Evidentiary Ruling
Massachusetts Court of Appeals: Instructional Videotape Not Learned Treatise by On March 15, 1990, a Massachusetts court of appeals ruled that an instructional medical videotape was not a learned treatise and was therefore inadmissible as evidence in a medical malpractice case. Stanley G. Simmons, 69, was a patient of Dr. …
Article • June 15, 2008
Medical Experimentation Suits Time Barred by In an unpublished opinion, the Third Circuit Court of Appeals held that 298 former prisoners waited too long to sue over medical experiments performed on them in jail, between 1961 and 1974. From the 1950s until 1974, prisoners at the Holmesburg Prison in Philadelphia, …
Article • June 15, 2008
Medical Review Committee Reports and Responses Exempt as Florida Public Records by Florida’s First District Court of Appeals has held that medical review committee reports and responses thereto are exempt from disclosure as a public record under §119, Florida statutes. This action was brought by parties seeking such reports created …
Article • June 15, 2008
Mental State Matters, But Not a Defense, In Prison Disciplinary Proceeding by On October 16, 1990, the Court of Appeals of New York held that, although a prison disciplinary hearing officer must consider the prisoner's mental state as a potential mitigation factor for punishment, mental state was not an affirmative …
Article • June 15, 2008
MI FOIA Didn’t Require Disclosure of Documents for Jail Guards’ Disciplinary Proceedings; ERKA Might by The Deputy Sheriffs’ union (Union) requested reports on which the Kent County Sheriff (Sheriff) based disciplinary decisions against two jailers, pursuant to the state Freedom of Information Act (FOIA), Mich. Comp. Laws § 15.231 et …
Article • June 15, 2008
Michigan FOIA Doesn’t Apply to Prisoners by Fred Proctor, a Michigan state prisoner, filed suit in state court to compel the White Lake Police Department to provide him with documents relating to his criminal investigation and arrest, pursuant to the state Freedom of Information Act (FOIA), Mich. Comp. Laws. § …
Article • June 15, 2008
Michigan FOIA Doesn’t Require Disclosure of Court Documents by Parnell Seaton, a Michigan state prisoner, filed suit in state court to compel the prosecutor to disclose court documents and transcripts from his criminal trial, pursuant to the state Freedom of Information Act (FOIA), Mich. Comp. Laws § 15.231 et seq. …
Article • June 15, 2008
Michigan FOIA Requires Particularized Explanation of Reasons for Denying Records Requests by The Evening News Association (News) requested documents associated with the investigation of a homicide committed by a police officer, pursuant to the state Freedom of Information Act (FOIA), Mich. Comp. Laws § 15.231 et seq. (Mich. Stat. Ann. …
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