Missouri Jail Prisoner Awarded $5,000 in Failure to Protect Case by On September 3, 2009, a federal jury returned a $5,000 verdict in favor of a prisoner who alleged that staff failed to protect him from attack. While incarcerated at the St. Louis City Justice Center, Harold Dykes was attacked …
Missouri DOC Targeted by State Auditors by On September 28, 2009, Missouri State Auditor, Susan Montee, released the results of an audit recently conducted by her office targeting the State’s DOC. The audit focused primarily on the three years ending June 30, 2008 and was intended as a tool to …
Judge Recommends Denial of Suppression Motion Related to Recordings Obtained from CCA by U.S. Magistrate Judge Robert E. Larsen has recommended the denial of a motion to suppress phone recordings of a plot to harm a federal witness obtained by the government through a Rule 17 subpoena without a court …
Sweat Lodge Ban Does Not Violate RLUIPA by The Eighth Circuit Court of Appeals affirmed a lower court’s determination that denial of a sweat lodge for Native American prisoners did not violate the Religious Land Use and Institutionalized Persons Act (RLUIPA). Missouri prisoner Clifford Fowler, a Native American, is serving …
Crisis in Reverse: Counties Struggle with Dwindling Jail Populations by Gary Hunter Morgan County, Missouri was in dire financial straits before contracting with U.S. Immigration and Customs Enforcement (ICE) to house immigration detainees at the county’s jail. For a while things were great – Sheriff Jim Petty replaced his worn-out …
$75,000 Settlement in Heart Attack Death of Missouri Jail Prisoner by On June 3, 2009, Greene County, Missouri agreed to pay half of a $75,000 settlement in a wrongful death action brought by the family of a prisoner who died while at the Greene County Jail. In July 2005, Winston …
New Trial Ordered After Evidence of Set-Up Excluded by The Court of Appeals for Missouri has ordered a new trial in a case where a former prisoner alleged that he was set up by police. In 1985, Oren Gamble was charged with burglary based on information provided by Larry McCoy. …
Calls over Monitored Phone to Attorney not Protected by Sixth Amendment by U.S. Magistrate Judge Robert E. Larsen has recommended the denial of a motion to suppress audio recordings obtained by the United States from CCA that contained attorney-client communications. While awaiting trial on federal charges, Gary Eye allegedly conspired …
Detainer Not Required To Receive Jail Time Credit by The filing of a detainer is not a prerequisite to receiving prior custody credit served on a related charge, the Court of Appeals of Missouri decided September 30, 2008. Carlos Mikel filed a declaratory judgment action against the Department of Corrections …
Missouri DOC Permits Gift Books in Response to PLN Demand Letter by On September 15, 2009, the Missouri Department of Corrections (DOC) agreed to revise its policy prohibiting prisoners from receiving books purchased for them by third parties or sent to them free of charge. The DOC also agreed to …
Injunction Against Missouri Sex Offender Halloween Restrictions Issued, Then Vacated by Matthew Clarke by Matt Clarke A Missouri federal judge issued an injunction against enforcement of a new Missouri law imposing Halloween-related restrictions on registered sex offenders. However, the Eighth Circuit Court of Appeals lifted the injunction on October 30, …
$1,000 Jury Award to Beaten Missouri Prisoner by A Missouri federal jury awarded a prisoner $1,000 on a state law battery claim. The award came after trial on several claims brought by Eugene Kenneth Jones-El for damages he incurred while imprisoned at Missouri’s Eastern Reception Diagnostic and Correctional Center (ERDCC). …
Forced Catheterization to Perform Drug Test Constitutional by On May 15, 2008, the Eighth Circuit U.S. Court of Appeals affirmed a lower court's grant of summary judgment to the defendants in a § 1983 action filed by 68-year-old Missouri prisoner Joel LeVine. LeVine alleged that the defendants, a guard and …
Missouri Public Defenders Not Immune from Client Suits by In a case of first impression, the Missouri Court of Appeals held that state public defenders are not entitled to official immunity for acts committed during their representation of indigent criminal defendants. Missouri public defender Arthur Allen represented Bernardo Costa, an …
Allowing Others to Attack Prisoner, Making Credible Death Threats, Labeling Prisoner a Snitch Violate Eighth Amendment by The U.S. Court of Appeals for the Eighth Circuit affirmed in part a district court’s denial of qualified immunity to four guards accused of violating a prisoner’s Eighth Amendment rights. William Irving, a …
Prolonged Bench Restraint and Excessive Pepper Spraying Requires Trial by The Eighth Circuit Court of Appeals has reversed a grant of summary judgment to prison officials in a prisoner’s lawsuit alleging Eighth Amendment violations when guards restrained him on a bench for 24 hours for refusing to accept a cell …
$150,000 Settlement In Missouri Jail Suicide Suit by On May 21, 2008, the Sheriff of Adair County, Missouri agreed to settle a wrongful death suit brought by the family of a prisoner who committed suicide while at the Adair County Detention Center (ACDC). The settlement requires the county to pay …
No Attorney’s Fees for Prevailing Defendants, Eighth Circuit Holds by On May 2, 2008, the U.S. Court of Appeals for the Eighth Circuit reversed on award of attorney’s fees for a defendant in a civil rights action. After Charles Williams lost his civil rights action against the City of Carl …
Prisoner’s Family Wins Suit Against BOP Following Prisoner’s Suicide by The family members of Billy Joe Chilton filed a claim under the Federal Tort Claims Act, 28 U.S.C. 1346(b) and 28 U.S.C. Sections 2671, et seq., as well as the Missouri Wrongful Death Statute, alleging that the Federal Bureau of …
Eighth Circuit Rejects Reckless Investigation Claim by On April 8, 2008, the U.S. Court of Appeals for the Eighth Circuit rejected a lawsuit brought by a former prisoner against a prison investigator for his role in the prisoner’s murder conviction and resulting death sentence. Joseph Amrine sued George Brooks, a …
