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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 …
Kansas Prisoner's Sexually Motivated Behavior In Custody Leads To Sex Offender Classification by The Kansas Court of Appeals ruled in State prisoner Roland Hill's state habeas corpus petition that he could be classified and managed as a sex offender while incarcerated and under post release supervision based on sexually motivated …
Parolee Sex Offender Classification Without Conviction Requires Heightened Procedural Safeguards by by Bob Williams The United States Court of Appeals for the Tenth Circuit has held that sex offender classification requires more due process for parolees than for incarcerated prisoners, but failed to delineate what process is due. In 1987, …
Some Evidence Required In "Some Evidence" Standard by Bob Williams Some Evidence Required In "Some Evidence" Standard by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed a prison disciplinary conviction for failure to meet the some evidence" standard. New Mexico state prisoner Peter Aquiar …
Article • May 15, 2007
Monetary Sanctions Against DOC Commissioner Violates Alabama Constitution by The Alabama Supreme Court held that a trial court's imposition of monetary contempt sanctions against the Commissioner of the Alabama Department of Corrections (DOC), in his official capacity, violated Section 14 of the Alabama Constitution. In the early 1990s the Alabama …
Article • May 15, 2007
Parole Review Challenge Cognizable under Federal Habeas Statute by The Ninth Circuit Court of Appeals held that federal habeas corpus is a proper remedy for prisoner seeking only equitable relief and challenging aspects of their parole review of that... could potentially affect the duration of their confinement. Montana prisoner Leland …
Article • May 15, 2007
Virginia Supreme Court Resolves Administrative Exhaustion Issues in VDOC Sexual Assault Suit by The Virginia Supreme Court reversed a trial court's dismissal of a prisoner's suit alleging sexual abuse by a Virginia Department of Corrections (VDOC) employee. VDOC prisoner Paula Billups was assigned to work in the kitchen at the …
Article • May 15, 2007
ADOC Director's Educational Background Ordered Disclosed in Medical Suit by by Bob Williams The United States District Court for the District of Arizona has ordered the ADOC's former director to disclose his educational background and also ordered disclosure of medical protocols, policies, and directives as well as specific guard information. …
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