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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 …
Article • May 15, 2007
Sixth Circuit Allows § 1983 Challenge to Ohio Parole Procedures by Sixth Circuit Allows § 1983 Challenge to Ohio Parole Procedures Abrogating prior, unpublished precedents, the U.S. Sixth Circuit Court of Appeals has reversed dismissal of an Ohio prisoner's 42 U.S.C. § 1983 challenge to State parole procedures and remanded …
Raped Texas Prisoner's Federal Claim Overturned, $367,916 Damage Award Reduced by In this case involving a jury award of $367,916.13 to a Texas prisoner who was raped in the Waco City Jail, a Texas appeals court upheld the verdict under the Texas Tort Claims Act (TTCA) but reversed on the …
Article • May 15, 2007
Filed under: Media, Censorship
Sexually Explicit Speech Protected if not Obscene by The U.S. Supreme Court held section 223(b) of the Communications Act ban on indecent telephone messages violates the First Amendment since the statute's denial of adult access to such messages far exceeds what is necessary to prevent minors from being exposed to …
New York Prisoner Awarded $350,000 For Work-Related Fractures by In February 1998, a New York court of claims awarded $350,000 to a prisoner who suffered heel and elbow fractures when he fell from the roof of a state prison. The award was reduced to $140,000, however, after the judge determined …
Article • May 15, 2007
Meningitis Death In Racine County, Wisconsin, Jail Settles For $383,000 by According to a report published by Wisconsin Jury Verdicts on November 1, 2004, a lawsuit involving the death of a 21-year-old prisoner it the Racine County Jail settled for $383,000. From the sketchy details in the case, the prisoner …
Article • May 15, 2007
Turner Applied to Some Juvenile Prisoner Strip Searches by The plaintiffs, parents of two female children, challenged the lawfulness of strip searches in juvenile detention centers, which contain persons awaiting trial following arrest for serious juvenile offenses, or for less serious offenses if the parents refuse to take the child …
Article • May 15, 2007
Mail Censorship Claims State Claim by Allegations that the defendants have deliberately tampered with his legal, personal, and political incoming and outgoing mail without justification state a constitutional claim. The Second Circuit has said that a prisoner's right to the free flow of incoming and outgoing mail is protected by …
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