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Article • May 15, 2007
Dismissal Of Actions Before Issuance Of Summonses Improper by The U.S. Ninth Circuit Court of Appeals held that a district court erred in dismissing on its own motion a prisoner's pro se civil rights actions. Harry Franklin, an Oregon state prisoner, filed 33 pro se actions in district court. The …
Court Rules On JJDPA Suit Issues, State Compliance Plan Ordered by The United States District Court for the Northern District of Idaho ordered Idaho state officials to devise a plan to put the state in compliance with the Juvenile Justice and Delinquency Prevention Act (JJDPA) and denied state's motions on …
No Qualified Immunity For Prison Officials In Paralyzed Prisoner's Suit by The U.S. District Court for the District of New Jersey held that prison officials were not entitled to qualified immunity in a paralyzed prisoner's civil rights suit and that fact issues precluded summary judgment. Timothy Ryan was arrested for …
7th Circuit Reversed Directed Verdict on First Amendment Claims by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's directed verdict, entered against an Indiana prisoner's claims of discipline without minimal due process protections and interference with his free exercise of religion and access to the …
Article • May 15, 2007
New York DOC Beard Ban Held Unconstitutional On Remand by The United States District Court for the District of New York held that a New York Department of Corrections (DOC) policy banning beards in excess of one inch in length was unconstitutional as applied to a Jewish prisoner. Yevgen Fromer, …
Article • May 15, 2007
New York DOCS's Rube Goldberg Mail Rules Struck Down by The United States Court of Appeals for the Second Circuit struck down the New York Department of Correctional Service's (DOCS) "Rube Goldberg" mail rules, which restricted sealed outgoing prisoner mail, noting that the rules were "irrational." Ronald Davidson, a New …
Article • May 15, 2007
Prisoner's Suit Over Second-Hand Smoke States Claims by The U.S. District Court. D. New Hampshire, held that a prisoner's involuntary exposure to second-hand cigarette smoke constituted punishment for Eighth Amendment purposes and that he stated claims as to denial of a liberty interest without due process and cruel and unusual …
Article • May 15, 2007
$1,000 Paid for WA DOC Property Destruction by James J. Koop was in transit status between Washington prisons, and his property was being stored at McNeil Island Correction Center awaiting his final settlement and receipt of postage costs to mail the property to him. Koop's agent was advised stamps could …
Article • May 15, 2007
$1,140 Paid in Car Crash by Sleeping WA Guard by Sherri L. Ellis' car was hit by a van driven by a guard who had fallen asleep. The accident occurred in the parking lot of the Clallam Bay Corrections Center. Ellis filed a claim with the Washington Office of Risk …
Article • May 15, 2007
$1,200 Paid and Apology Given in WA Racial Discrimination Suit by Washington State Penitentiary officials agreed to settle a 42 U.S.C. §1983 action filed in the Eastern District of Washington federal court filed by Sir Jesse R. Hunter. Hunter had placed his food tray on his cell door's food slot …
$1,500 Paid in WA Retaliation Suit by Washington State Penitentiary prisoner Lawrence Owens filed a 42 U.S.C. §1983 action in the Western Washington District federal court. The complaint alleged Owens was subjected to strip searches he when he made law library visits, had Photo copies destroyed by the law librarian, …
$3,300 Paid in False Sexual Conduct Claim by WA DOC Officials by James J. Koop filed a claim with the Washington Office of Risk Management alleging he had been placed in confinement at the Clallam Bay Correctional Center for pressuring other prisoner's for sex. Subsequently, he received a letter from …
$3,500 Paid for Injuries Sustained in WA Prison Riot by Reginald Halsell, a McNeil Island prisoner, filed suit in Washington's Pierce County Superior Court alleging negligent supervision on September 5, 1995, that resulted in riot that caused death to one prisoner and unspecified serious injuries to Halsell. On September 7, …
Article • May 15, 2007
$32,500 Paid in WA Bus Crash Injury Suit by McNeil Island Correction Center prisoners Juan Cruz, Raynard Gross, and Bounkhong Sengchanh filed suit in Pierce County Superior Court alleging unspecified injuries incurred in a one-bus crash. The suit alleged the Washington DOC failed to safely maintain its buses, properly and …
Article • May 15, 2007
Wrongful Death, Arrest of New Mexico Epileptic Settles For $1,250,000 by During the week of May 22, 2000, Taos County, New Mexico, settled for $1.25 million a wrongful death lawsuit alleging, among other things, false arrest, excessive force, and denial of medical care. Joaquin Gonzales, 42, had an epileptic seizure …
Article • May 15, 2007
$8,500 Paid in WA DOC Wrongful Warrant/Arrest Suit by John H. Queener was arrested on May 9, 1989, as the result of a standard warrant search during a traffic stop. The warrant was issued on January 16, 1986 by the Washington State Department of Corrections Community Supervision Office. However, on …
Article • May 15, 2007
$11,000 Paid in Illegal WA DNA Testing by McNeil Island Corrections Center Andre R. Goncalves filed a 42 U.S.0 §1983 action in the Western District of Washington federal court. The complaint asserted Fourth Amendment claims for requiring him to give a blood sample for DNA in the State's DNA database …
Prisoner's Dismissed § 1983 Assault Claim Against TransCor America Reinstated by Prisoner's Dismissed § 1983 Assault Claim Against TransCor America Reinstated The U.S. Sixth Circuit Court of Appeals, vacating a Tennessee federal district dismissal, reinstated a prisoner's civil rights lawsuit against TransCor America for Eighth Amendment violations. Juan Castillo, a …
Reduced Likelihood of Parole Does Not constitute a Penalty by The First Circuit Court of Appeals determined that refusal to participate in sex treatment program merits reduced likelihood of parole and did not constitute as a penalty. Wayne Ainsworth a convicted New Hampshire prisoner, sex offender who had been admitted …
Supreme Court Addresses Mail, Good-Time, Legal Aid, Disciplinary Issues by The U.S. Supreme Court held that restoration of good-time was unavailable under § 1983; some constitutional rights are retained in prison disciplinary proceedings; minimal due process is required if loss of good-time is a possibility; disciplinary due process procedures ordered …
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