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Article • December 15, 2007
Texas: Late Affidavit of Indigence Satisfies Fee Payment Requirement; Case Dismissed on Remand by On May 26, 2006 the Supreme Court of Texas held that a state court of appeals erred when it dismissed a prisoner's appeal after he filed an affidavit of indigence in response to the court's instructing …
Months of Cold-Wet Conditions States Inadequate Shelter Claim by The Sixth Circuit Court of Appeals has held that a Michigan prisoner offered sufficient evidence to support his Eighth Amendment inadequate shelter claim. The Court's decision came in the appeal of William Spencer, who brought claims relating to his pre-trial detention …
Article • December 15, 2007
Alabama Prisoners Must Be Afforded Access To The Courts by The Alabama Court of Civil Appeals ruled a lower court abused its discretion when it dismissed a prisoner's civil action for failure to prosecute, despite pending motions moving for three alternatives for the prisoner to access the court. Alabama state …
Article • December 15, 2007
New York Prisoner Awarded $2,600 For Fractured Fibula, Improper Treatment by On March 28, 2001, a court of claims in Albany, New York, awarded $2,600 to a state prisoner who claimed he suffered a fractured fibula when he fell in a puddle of water leaked from a washing machine and …
Article • December 15, 2007
Outside Spiritual Leaders Must be Allowed Access to Prisoners by In 2004, prisoners at the Indiana State Penitentiary were denied Moorish Science services because spiritual leaders were suspended from entering the prison. The warden said the suspension was only temporary, but wasn?t clear about what had to be done to …
Article • December 15, 2007
All Claims Must Be Exhausted Before Suit is Filed by Four plaintiffs filed prematurely before their grievances were decided. Some claims were exhausted by the time the district court dismissed for nonexhaustion, some were still in process. At 885: When multiple prison condition claims have been joined, as in this …
Juvenile Adjudication May Not Preclude Force Claim in Police Shooting by The plaintiff was convicted of reckless endangerment for an incident in which he was accused of driving a vehicle at a police officer, who shot him. He conceded that that determination would ordinarily preclude a finding of excessive force …
Article • December 15, 2007
Filed under: Police Misconduct, Media
California Statute Banning Police Defamation Unconstitutional by California has a statute establishing that most publications and broadcasts arising out of official government duties and proceedings are privileged, and therefore cannot be the subject of a defamation action--except that there is an exception permitting suits based on citizens' complaints about police …
Article • December 15, 2007
ADA Doesn’t Apply to Police Shooting Mentally Ill by ADA Doesn't Apply to Police Shooting Mentally Ill Claims of excessive force and of assault and battery by the police were precluded by the plaintiff's conviction for assault with a deadly weapon arising from the same events. A police shooting and …
Article • December 15, 2007
Trial Required Over Firing of Juvenile Prison Warden for Whistleblowing by The director of a juvenile institution was fired after forwarding to the State Commission of Correction a report by one of his subordinates that stated certain agency policies were a cause of turmoil at the facility. There were triable …
Article • December 15, 2007
Brutality Claims Must Be Exhausted by Excessive force claims are prison conditions claims for purposes of exhaustion; the statutory language is ambiguous but the statutory intent supports this conclusion, especially since force claims often come packaged with other kinds of claims that would have to be exhausted The court rejects …
Denying Work Release to HIV Positive Amputee May Violate ADA by The plaintiff alleged that he was denied access to shock incarceration because he is an HIV-positive amputee, and was also repeatedly denied work release. He also claimed that he was deprived of his personal wheelchair, after having it in …
Article • December 15, 2007
Maine Strip Search Case Nets $825,000 in Attorney Fees by In a class action strip-search case against York County, Maine, that settled for $3.3 million, a federal court awarded class counsel attorney fees totaling 25 percent of the settlement, $825,000. The court also directed counsel to provide documentation of "accrued …
Article • December 15, 2007
Plaintiffs Granted SJ in Maine Strip-Search Case by A federal court in Maine granted a class of detainees summary judgment against the Knox County Jail for strip searches conducted without individualized suspicion. Class counsel called the decision a "slam dunk," while defense counsel complained that the judge "got it wrong." …
$620,000 Settlement for Florida Jail Beating Death by While imprisoned in Florida's Palm Beach County Jail, a 35 year old Haitian laborer was beaten by guards. He sustained in June 1985, a broken neck and was left in his cell with no medical treatment. When he was finally taken to …
False Arrest Nets Guard and Wife $1.2 Million by A Florida jail guard and his wife, a jail food safety inspector, have been awarded $1,231,700 for their arrest on false charges of smuggling drugs into the jail. On September 11, 2003, Lawrence and Gayle Femminella were arrested on charges of …
Gay NJ Guard Awarded $2.8 Million for Sexual Harassment, Discrimination by A New Jersey gay female jail guard was awarded $2,847,188, for discrimination, sexual harassment, and retaliation. Karen Caggiano began working in the prison transport unit of the Essex County Sheriff's Department in August 1993. "Caggiano, a lesbian and one …
Article • December 15, 2007
$57,700 Verdict for Attack on Sleeping NY Jail Prisoner by The New York Supreme Court upheld a $57,700 verdict for a 31-year-old Jail prisoner who was attacked as he slept. Mr. Morales was a New York prisoner when he was assaulted while he slept. He suffered "a fractured zygoma, requiring …
Article • December 15, 2007
Attack by Fellow Prisoner Nets South Carolina Prisoner $30,000 by A South Carolina Court awarded a prisoner $30,000 for injuries he suffered when attacked by another prisoner at the Greenville County Jail. Mr. Edwards was a prisoner at the Greenville County Jail when he was attacked by another prisoner. He …
Article • December 15, 2007
Filed under: Mental Health, Suicides
Attempted Hanging Suit Settled for $1.5 Million by California Jail by A California prisoner was paid $1.5 million to settle a suit for injuries incurred when he attempted to hang himself. Mr. Davey was a 21-year-old prisoner when he attempted to hang himself with a bed sheet in a California …
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