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Wrongful Death At Wallens Ridge State Prison Settled For $1,540,000 by In 2002, the state of Connecticut paid $1.1 million and in 2003 the state of Virginia paid $350,000 to the family of Connecticut state prisoner Larry Frazier who died a torturous death in a supermax prison. To ease Connecticut …
Article • December 15, 2007
New York Settles Prisoner Slip & Fall Case for $7,500 by The New York Department of Correctional Services has settled a prisoner's slip and fall claim for $7,500 including attorney fees. While wearing state issued slippers with rubber soles, New York state prisoner Grace Delarossa slipped and fell on a …
Article • December 15, 2007
States' Incarceration Costs Continue to Rise by Robert Woodman by Robert H. Woodman In June 2004, the Bureau of Justice Statistics (BJS) reported that from fiscal year (FY) 1986 to FY 2001, States' corrections costs rose from $65 per U.S. resident to $134 per U.S. resident. The BJS reported that …
Article • December 15, 2007
Eighth Circuit Holds Partial Exhaustion Requires Total Dismissal by The Eighth Circuit Court of Appeals held that 42 U.S.C. § 1997e(a) requires dismissal of a complaint alleging multiple prison conditions claims against multiple defendants, when each claim against each defendant was not fully exhausted administratively before filing. Missouri prisoners Malik …
Article • December 15, 2007
State Secrets Privilege Protects U.S. in. Erroneous Rendition Suit by Matthew Clarke By Matthew T. Clarke 0n May 12, 2006, a federal district court in Virginia ruled that a German citizen who allegedly was mistaken for a terrorist, kidnapped, flown to a foreign country, isolated and tortured by CIA personnel …
Abuse of Discretion to Deny Leave to Amend by The Sixth Circuit Court of Appeals reversed a lower court's erroneous grant of summary judgment to police on claims that they unlawfully detained a man, then evicted him from his home. The Court also found that it was an abuse of …
Article • December 15, 2007
Attorneys May be Sued as State Actors When Colluding with Judge by Matthew Clarke by Matthew T. Clarke On June 17, 2005, the United States Court of Appeals for the Fifth Circuit held that private attorneys could be sued as state actors in a civil rights action in federal district …
Missing Ramadan Deadline Insufficient Cause to Deny Right to Attend by Bob Williams The United States Court of Appeals for the Seventh Circuit has reversed the dismissal of a prisoner's free exercise of religion claim, finding that missing a sign-up deadline for Ramadan was an insufficient reason to deny a …
Article • December 15, 2007
Filed under: Police, False Arrest
Once Court Orders Arrestee Held, Police Have No Duty to Investigate Mistaken Identity by The Seventh Circuit Court of Appeals has held that once an arrested person has been brought before a court and ordered held, law enforcement has no duty to verify claims of mistaken identity. Chicago police stopped …
Article • December 15, 2007
Filed under: Searches, Strip Searches
MA Prisoner’s Rights Not Violated by Strip Searches by MA Prisoner's Rights Not Violated by Strip Searches In 1987, William Langton, a Massachusetts state prisoner, was strip searched every time he left or returned to his cell. Since he was never found in possession of contraband, he believed the searches …
Article • December 15, 2007
MA Man’s Blood Test from Hospital Admissible in Drunk Driving Trial by MA Man's Blood Test from Hospital Admissible in Drunk Driving Trial Michael Dube, defendant in a Massachusetts state court proceeding for drunk driving, went to the hospital after being in a car wreck. His blood alcohol level was …
IL Prisoner Beaten by Cops and Not Provided Medical Attention States 1983 and Negligence Claims by Faried El-Uri, a prisoner of the city of Chicago, Illinois was knocked down and kicked in the stomach by a detective during questioning so hard that his spleen was ruptured. He moved slowly and …
Article • December 15, 2007
Human Bargaining Chips by Joanne Mariner By JOANNE MARINER Tuesday, Jun. 26, 2007 In the new world that we've created under the label of the "war on terror" -- a world in which the U.S. government has adopted the investigative techniques of Pakistan, Egypt and Saudi Arabia -- hostage-taking is …
Article • December 15, 2007
Alabama Corporations Serving Municipalities Ordered to Comply With Open Records Act by The Water Works and Sewer Board (Board) of the City of Talladega, Alabama, appealed its court ordered subjection to records disclosure under the State's Open Records Act (Act). Consolidated Publishing, Inc. (Publisher), appealed the same ruling as to …
Article • December 15, 2007
Texas DA's Closed Files Exempt From Disclosure Under Act by Harris County, Texas, District Attorney (DA) John Holmes appealed an appellate affirmation ordering the disclosure of "closed" investigative files. The order was reversed because internal records disclosure was not statutorily mandated. Holmes possessed active and closed files of past and …
Article • December 15, 2007
Texas Grand Jury Information, Prisoners' Record Requests Statutorily Denied by Texas State pro se prisoner Alvin Harrison appealed the dismissal of his petition for a writ of mandamus regarding the 1997 denial of his request for grand jury documents involved in his conviction. Dismissal was affirmed because grand jury documents …
Article • December 15, 2007
Discovery Request Petition Prohibited While Another Court Entertains Post conviction Proceedings by Tennessee State pro se prisoner Ronald Waller appealed the 1998 denial of his petition under the Public Records Act to obtain copies of photographs taken in connection with his conviction. The denial was affirmed because he was statutorily …
Willful and Malicious Act Required for Minnesota fficial Immunity Precludes Summary Judgment by Minnesota state prisoner Brooks Fisher was assaulted during his imprisonment between 1998 and 2003. He sued the State of Minnesota and the Minnesota Department of Corrections plus several employees under § 1983 and the state constitution for …
Article • December 15, 2007
Op-Ed: TYC Facilities Need Independent Oversight by Michele Deitch Op-Ed: TYC Facilities Need Independent Oversight? Michele Deitch?3-22-07 The scandal engulfing the Texas Youth Commission has thus far provoked governmental responses that involve temporary investigative measures. We have heard calls for the appointment of a conservator, a new TYC board, a …
Article • December 15, 2007
1983 Action Deemed Successive Habeas Petition; Reversed by Supreme Court by The Eleventh Circuit Court of Appeals held that a 42 U.S.C. § 1983 action, alleging that death by lethal injection causes pain and unnecessary suffering that constitutes cruel and unusual punishment, is the "functional equivalent" of a habeas claim. …
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