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Sex Offender Treatment for Release Claim Rejected by The plaintiff complained that denial of parole because of his refusal to participate in a sex offender program violated the Ex Post Facto Clause. His claim is rejected. His term of incarceration has not yet expired, so he is not being subjected …
Article • May 15, 2007
Alabama County Commission Responsible for Jail Conditions by The decedent died in jail, allegedly because of a failure to provide adequate medical care, not described. Punitive damages cannot be awarded against the county under § 1983 or under state law. The County Commission cannot be held liable under state law …
Article • May 15, 2007
Damages for Racial Discrimination Claim Upheld, Explained by The court declines to disturb an award of $12,500 per plaintiff for an episode of racial discrimination for which only nominal and not compensatory damages were awarded. The Supreme Court has acknowledged that its presumptive ratios of punitive to compensatory damages may …
Article • May 15, 2007
Filed under: Sentencing, Parole
Challenge to D.C. Parole Practices Rejected by The D.C. parole statute does not create a liberty interest in obtaining parole. Federal statute requires that the U.S. Parole Commission, which took over the D.C. Parole Board's responsibilities, follow the rules of the latter, but it also has the power to amend …
Article • May 15, 2007
No Immunity for Beating Brain Injured MD Prisoner by The plaintiff, who had had a prior brain injury and was acting disruptively in his cell, was subjected to a cell extraction and sustained further disabling brain injury as a result of trauma including a facial fracture. However, as a result …
Article • May 15, 2007
Damages Reduced in CT Police Failure to Protect from Police Case by A jury awarded $2,000 compensatory and $200,000 in punitive damages in a case involving a police official's refusal to act on a request for protection from another police officer. The court concludes that some punitive damages are appropriate …
Article • May 15, 2007
BOP Ordered to Review Work Release Application by The petitioner sought a writ of habeas corpus because he was excluded from placement in a community confinement center (CCC) for more than the last six months of his sentence pursuant to the abruptly announced change in policy by the Federal Bureau …
Article • May 15, 2007
First Circuit Dismisses Massachusetts Detainee's Challenge of Government Imposed SAMS by First Circuit Dismisses Massachusetts Detainee's Challenge of Government Imposed SAMS On May 27, 2004, the U.S. Court of Appeals for the First Circuit dismissed as moot an appeal by alleged domestic terrorist Richard Reid challenging a district court's unfavorable …
Georgia Appeals Court Upholds $600,000 Judgment Against CMS by On July 5, 2001, the Court of Appeals of Georgia Upheld a trial court's $600,000 award to Stephanie Stitt, a former state prisoner, who suffered permanent nerve damage as a result of Correctional Medical Service's (CMS) egregiously inadequate treatment of her …
Article • May 15, 2007
Texas Supreme Court Remands Prison Applicant's Disability Discrimination Claim by On October 15, 2004, the Texas Supreme Court held that a material fact issue as to whether an unsuccessful job applicant had a physical impairment that substantially limited at least one major life activity precluded summary judgment for the Texas …
Article • May 15, 2007
Dismissal with Prejudice Proper For Financial Misrepresentation by On July 3, 1990, the U.S. Eighth Circuit Court of Appeals held that dismissal with prejudice was a proper sanction for filing a false affidavit of poverty. Plaintiff Earl Romesburg, a Missouri state prisoner, filed suit against prison officials for being deliberately …
Article • May 15, 2007
Dismissal of $100,000 Verdict Inappropriate For Errors On Delaware Prisoner's Affidavit Of Poverty by Dismissal of $100,000 Verdict Inappropriate For Errors On Delaware Prisoner's Affidavit Of Poverty On August 25, 2004, the U.S. District Court for the District of Delaware declined to dismiss a prisoner's lawsuit for three misrepresentations on …
Government Agent Authorizes Drug Deals Behind Bars by The Western District of Virginia on remand from the Fourth Circuit Court of Appeals concluded that estoppel by entrapment does not require that a government actor was correct in his representation. Michael Fulcher, his wife Ethel and his mother Rosanna created a …
Article • May 15, 2007
Michigan County Settles Suicide Suit For $150,000 by In January 1997, Eaton County, Michigan, paid $150,000 to settle with the estate of a woman who committed suicide in the county jail. While imprisoned in the Eaton County Jail in January 1995, Mullins, a wife and the mother of four minor …
Article • May 15, 2007
Judge Revises Previous Order Based On Special Master Report by In response to action filed by prisoners in Monmouth County Correctional Institution, a New Jersey county jail, a district judge ordered various improvements in recreation, visitation and living conditions. The judge also ordered certain facility renovations and set a population …
Article • May 15, 2007
Gay Massachusetts Jailer Awarded $623,600 For Hostile Work Environment by On June 30, 2003, a jury in an unknown Massachusetts court awarded $623,600 to a jailer at the Suffolk County House of Corrections who claimed he suffered harassment due to his sexual orientation. The male plaintiff claimed that in late …
Article • May 15, 2007
New York Prisoner Awarded $279,583 For Work-Related Arm Fracture by In June 1998, a New York court of claims awarded $279,583 to a prisoner who sustained a lower arm fracture after falling into an excavated area at a state prison. The prisoner argued that prison officials should have foreseen the …
Article • May 15, 2007
Quadriplegic Texas Prisoner Injured In Police Van Settles For $750,000 by On May 31, 1999, a quadriplegic woman whose leg was broken during transport in a Houston Police Department van settled her lawsuit against the city for $750,000. Plaintiff Sharon Lee, 61 at the time of the settlement, was rendered …
Article • May 15, 2007
U.S. Supreme Court Invalidates Violence Against Women Act by The United States Supreme Court held that the Violence Against Women Act of 1994 (VAWA), 42 U.S.C. § 13981, is unconstitutional as an exercise of Congressional power under both the Commerce Clause, Article I, section 8, U.S. Constitution, and section 5 …
WA Gift Subscription Ban Settled for $443.46 by In 1997, William J.R Embrey, a federal prisoner at the Washington State Penitentiary (W.S.P) accepted $443.46 to settle a lawsuit. In 1985 the Federal Bureau of Prisons (BOP) sent Embrey to the Washington Department of Corrections WDOC, pursuant to a contract between …
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