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Article • January 12, 2015
Maryland Jury Awards $5.6 Million for False Arrest and Detention by Matthew Clarke Maryland Jury Awards $5.6 Million for False Arrest and Detention by Matt Clarke On October 25, 2012, a Maryland jury awarded a man $5.6 million for damages incurred after he was arrested in Washington, D.C. on an …
Federal Court Holds Qualified Immunity Appropriate in Officers’ Warrantless Entry and Arrests, Not in Transporting Arrestees Naked by Federal Court Holds Qualified Immunity Appropriate in Officers’ Warrantless Entry and Arrests, Not in Transporting Arrestees Naked The U.S. District Court for the Middle District of Georgia has held that three law …
Article • January 12, 2015
Dismissal of Arkansas Prisoner’s Suit over False Disciplinary Action Affirmed by Dismissal of Arkansas Prisoner’s Suit over False Disciplinary Action Affirmed On May 1, 2014, the Supreme Court of Arkansas affirmed a lower court's decision to dismiss a lawsuit filed by a state prisoner alleging that he was issued a …
Article • January 12, 2015
Discretionary Immunity Bars Oregon Prisoner’s Negligent Sentence Computation Claim by Discretionary Immunity Bars Oregon Prisoner’s Negligent Sentence Computation Claim On April 10, 2014, the En Banc Oregon Supreme Court held that Oregon prison officials were entitled to discretionary immunity on a former prisoner’s negligence claim related to confining him 13 …
Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment by Mark Wilson Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment by Mark Wilson On November 8, 2013, the Tenth Circuit Court of Appeals upheld the denial of qualified immunity in a case that involved the shackling of …
Virginia Prison’s Policy Requiring Physical Indicia of Faith for Religious Sincerity Held Unconstitutional; Suit Settles for $3,795 by David Reutter Virginia Prison’s Policy Requiring Physical Indicia of Faith for Religious Sincerity Held Unconstitutional; Suit Settles for $3,795 by David M. Reutter The Fourth Circuit Court of Appeals has vacated a …
Article • January 9, 2015
GA Prisoner Injured While Working on Warden’s House Awarded $105,000 by GA Prisoner Injured While Working on Warden’s House Awarded $105,000 A Georgia jury awarded $105,000 to a prisoner in a premises liability suit. The award followed four hours of deliberation into the liability for the serious injuries incurred by …
Warren v. Metropolitan Government of Nashville & Davison County, TN, Complaint, Excessive Force, 2014 Case 3:14-cv-02373 Document 1 Filed 12/19/14 Page 1 of 11 PageID #: 1 Case 3:14-cv-02373 Document 1 Filed 12/19/14 Page 2 of 11 PageID #: 2 Case 3:14-cv-02373 Document 1 Filed 12/19/14 Page 3 of 11 …
Brief • December 9, 2014
Diaz v. City of Concord, CA, Complaint, Reckless Driving, 2014 GUPY t Ti-:I~ BRANDI LAW FIRM THOMAS J. RRANDI #53208 2 4 CASEY A. KAU¥MAN #232257 3S4 Pinc Street, Third Floor San Frdncisco, CA 94104 Telephone: (415) 989-1800 Facsimile: (415) 989-180 I 5 A llomcys for Plaintiffs 3 p /·. …
Carithers et al v. CCA, MI, Order dismissing case, 8th Am riot hit list failure to protect staff and inmates, 2014 Case 5:13-cv-00066-DCB-MTP Document 28 IN THE FOR THE UNITED STATES SOUTHERN HUGH CARITHERS, AND JOEY DEATH DISTRICT DISTRICT WESTERN Filed 12/08/14 Page 1 of 21 COURT OF MISSISSIPPI DIVISION …
Brief • November 20, 2014
City of Pembroke Pines v. Corrections Corporation of America, FL, Order, City not obligated to service CCA prison, 2014 IN THE CIRCUIT COURT OF THE 17Th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: 12-7337(25) CITY OF PEMBROKE PINES, Plaintiff, vs. CORRECTIONS CORPORATION OF AMERICA, INC. a foreign …
Prosecutorial Misconduct: Taking the Justice Out of Criminal Justice by Christopher Zoukis Prosecutorial Misconduct: Taking the Justice Out of Criminal Justice by Christopher Zoukis The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous.... While the prosecutor at his best …
Article • October 10, 2014 • from PLN October, 2014
Colorado Law Grants Immunity to Law Enforcement Officers Transporting Juveniles by David Reutter Colorado Law Grants Immunity to Law Enforcement Officers Transporting Juveniles by David M. Reutter The Colorado Supreme Court held on January 13, 2014 that “allegations of negligence alone are not sufficient to overcome the statutory grant of …
Texas Supreme Court Holds TDCJ Immune in Suit Alleging Sexual Assault of Prisoners by Texas Supreme Court Holds TDCJ Immune in Suit Alleging Sexual Assault of Prisoners   On October 26, 2102, the Texas Supreme Court held that the Texas Department of Criminal Justice – Community Justice Assistance Division (TDCJ) …
Article • October 5, 2014
D.C. Circuit Rules Detainee Treatment Act Not Subject to § 1983 Remedy by Derek Gilna D.C. Circuit Rules Detainee Treatment Act Not Subject to § 1983 Remedy   by Derek Gilna   A John Doe plaintiff, a U.S. citizen and employee of an American-owned defense contracting firm performing Arabic translating …
Article • October 5, 2014
Ninth Circuit Says Absolute Immunity Protects Extradition Decisions by Ninth Circuit Says Absolute Immunity Protects Extradition Decisions   The Ninth Circuit Court of Appeals held that the decision not to extradite a criminal defendant is intimately associated with the criminal phase of the judicial process. Therefore, state officials participating in …
Brief • October 3, 2014
Missouri Public Entity Risk Management v. Edwards, MO, Defendant's Suggestions in Support of Their MSJ, 2014 IN THE CIRCUIT COURT FOR COLE COUNTY 19th JUDICIAL CIRCUIT STATE OF MISSOURI MISSOURI PUBLIC ENTITY RISK MANAGEMENT, Plaintiff, v. SCOTT EDWARDS, et al. Defendants. ) ) ) ) ) ) ) ) ) …
Article • September 18, 2014 • from PLN September, 2014
Fifth Circuit: Prisoner Who was Raped May Proceed with Lawsuit against Lock Company by Matthew Clarke Fifth Circuit: Prisoner Who was Raped May Proceed with Lawsuit against Lock Company by Matt Clarke In a July 9, 2013 opinion, the Fifth Circuit Court of Appeals held that the statute of limitations …
Article • August 13, 2014 • from PLN August, 2014
Fifth Circuit Upholds Qualified Immunity in Medical Neglect Death of Texas Detainee by Matthew Clarke Fifth Circuit Upholds Qualified Immunity in Medical Neglect Death of Texas Detainee by Matt Clarke In a case involving the death of a pretrial detainee due to lack of medical treatment, the Fifth Circuit Court …
Article • August 8, 2014 • from PLN August, 2014
Qualified Immunity to Iowa DOC Director for Recalculating Prisoners’ Release Dates by David Reutter Qualified Immunity to Iowa DOC Director for Recalculating Prisoners’ Release Dates by David M. Reutter The Eighth Circuit Court of Appeals has upheld a district court’s grant of qualified immunity in a civil rights action brought …
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