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Article • May 15, 2007
$49,500 Settlement In Washington Employee Discrimination Suit by In 1997 the Washington State Department of Corrections settled a law suit with Victor Carter, Kathy Allen, and Pablo Mendoza for $16,500 each for a total of $49,500. All three plaintiffs were employed at the Yakima-Kittitas County Work Release as guards. They …
Article • May 15, 2007
$60,000 Tort Claim Settlement In Washington Employee Discrimination Suit by In 1999 the Washington State Department of Corrections settled a tort claim with Deborah J. Landberg an employee at DOC headquarters for discrimination because of her medical condition. In 1997 the plaintiff had tried to come back to work after …
Article • May 15, 2007
$75,000 Settlement In Washington Parolee Sexual Assault Suit by In 1993 the Washington State Department of Corrections gave Melanie W. Watters a $75,000 stipulated judgment for being raped by George M. Boggs, Jr., who was a parolee from the Washington State Department Of Corrections. On March 16, 1991, the plaintiff …
Article • May 15, 2007
$100,000 Settlement In Washington Parolee Rape Of A Child by In 1997 the Washington State Department Of Corrections gave Taaisha Finkley McCoy, and Sabrina Finkley, Taaisha's mother a $100,000 settlement for the rape of Taaisha by a convicted child rapist. In 1993 Ben Querido, a convicted child molester worked as …
Article • May 15, 2007
$231,000 Settlement In Washington Parolee Sexual Assault Suit by In 1999 the Washington State Department of Corrections gave a $231,000 settlement to plaintiff, Teresa Vasquez, for the sexual assault of her son Steven Ball. Michael Albert Clum was a registered sex offender, and he was responsible for the sexual assault's …
Article • May 15, 2007
$250,000 Settlement In Washington Parolee Wrongful Death Suit by In 1996 the Washington State Department of Corrections gave Bruce J. Bauer a $250,000 settlement for the death of his father by a parolee. In 1994 Donald W. Sherman, killed Lester E. Bauer, M.D., in Las Vegas, Nevada. Donald Sherman was …
Article • May 15, 2007
6th Circuit: § 1983 Claims Against County Must Connect Policy, Violation by In this case involving the death of a prisoner in the Washtenaw (Michigan) County Jail, the U.S. Sixth Circuit Court of Appeals held that the decedent's estate had not shown that his death resulted from a county custom …
Article • May 15, 2007
Alabama Appellate Court Upholds Civil Immunity of Witness Testimony at Parole Hearing by Alabama Appellate Court Upholds Civil Immunity of Witness Testimony at Parole Hearing Alabama state prisoner William Sullivan filed a civil lawsuit in state court against William Smith and Karen Smith for slander, perjury and obstruction of government …
Article • May 15, 2007
Court Lists Alternatives for Prisoners Seeking In Forma Pauperis by The Seventh Circuit Court of Appeals has held the PLRA's three strikes provision for prisoners seeking in forma pauperis status is constitutional, and listed alternatives for prisoners seeking in forma pauperis status. Wisconsin prisoner William C. Lewis filed suit against …
Third Circuit: PHS Subject to Successor Liability, Relation-Back Statute Inapplicable by Third Circuit: PHS Subject to Successor Liability, Relation-Back Statute Inapplicable In this case involving a Title VII discrimination suit against Correctional Physician Services (CPS), the U.S. Third Circuit Court of Appeals held that the company's buyer, Prison Health Services …
Article • May 15, 2007
U.S. Supreme Court Defines Retroactivity by The United States Supreme Court held that a new statute must state its provisions apply retroactively when it would impair rights a party possessed when they acted, increases their liability for past conduct or imposes new duties with respect to transactions already completed. This …
Civilly Committed Sexually Violent Predator Not Entitled to Anders Appellate Counsel Rights by Civilly Committed Sexually Violent Predator Not Entitled to Anders Appellate Counsel Rights The California Court of Appeal held that a sexually violent predator (SVP) who appealed his biennial civil recommitment to Atascadero State Hospital (ASH) was not …
D.C. Circuit Reverses U.S. Gulf War POWs' $959 Million+ Prisoner Abuse Award by On June 4, 2004, the Court of Appeals for the D.C. Circuit reversed a federal court's award of more than $959 million in a case filed by U.S. Gulf War POWs who were allegedly abused while held …
Article • May 15, 2007
Injured Georgia Prisoner's Negligence Claim Survives, Others Fail by In this case involving a Georgia state prisoner who was injured while on a work detail, the Court of Appeals of Georgia, Fourth Division, held that the prisoner's failure to provide ante litem notice to one of the defendants, the Stone …
Article • May 15, 2007
Filed under: Medical, Kidney
Lifesaving Medical Treatment Mandated for IA Prisoner Despite Refusal by The Iowa Supreme Court has held the state has a compelling interest in requiring lifesaving medical treatment of a prisoner despite his refusal of that treatment. The prisoner was refusing daily kidney dialysis treatment, which would have resulted in his …
Article • May 15, 2007
Mandatory Supervision in Private Corrections Facility Allowed in Texas by On June 29, 2005, the Texas Court of Criminal Appeals held that a prisoner released to mandatory supervision may be confined to a community corrections facility. James McCurry, a Texas prisoner, was placed on mandatory supervision pursuant to Texas Government …
Illegal Police Action Cognizable Under 42 U.S.C. § 1983 by Illegal Police Action Cognizable Under 42 U.S.C. § 1983 The United States Supreme Court held that the illegal actions of city police, while on duty, that amount to an unreasonable search and seizure, constituted action taken `under the 'color of …
Indigents Cannot be Denied Post-Conviction Transcripts or Appeals by The United States Supreme Court held that a state may not deny post-conviction appellate review to a prisoner, who could not afford the to acquire a transcript of the proceedings. Oddly, this case stems from the 1945 Indiana enactment of the …
Article • May 15, 2007
Intercepted Conversation of Jail Visitor Not Protected by The United States Supreme Court held that a state court conviction, for refusing to answer questions interposed by a state legislative committee, did not present a federal due process question, under the circumstances of the case. Although the Court declined to explicitly …
Article • May 15, 2007
Remitted Damages Award Upheld in Excessive Force Claim by The U.S. Second Circuit Court of Appeals upheld damages awarded to a prisoner in a 42 U.S.C. §1983 claim against jail guards for using excessive force. The case was previously reported by PLN (September 1999, page 10). Facts of the case …
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