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Sanctions Upheld, New Trial Ordered Over Use of Plaintiffs Sexual History at Trial by Sanctions Upheld, New Trial Ordered Over Use of Plaintiffs Sexual History at Trial The Ninth Circuit Court of Appeals held a complaint filed by a female officer of the Maui Police Department with the Hawaiian Civil …
Disciplinary Conviction, Loss of Good Time Upheld by The U.S. Seventh Circuit Court of Appeals denied habeas corpus review to a prisoner appealing disciplinary segregation and loss of good time credits. Richie Rivera, a prisoner at the Indiana State Prison (ISP), was sanctioned by the conduct adjustment board (CAB) with …
Article • May 15, 2007
Filing Fee for State Habeas Corpus Unconstitutional by The United States Supreme Court held that a state could not require payment of a filing fee in state habeas corpus proceedings, or for appeals taken there from, while denying indigent prisoners access to the proceedings. According to the Court, "to interpose …
Article • May 15, 2007
Filed under: Civil Procedure, Mandamus
FL Prisoner's Review of Mandamus Denial Requires Writ of Certiorari by The Florida supreme court affirmed the First District Court of Appeals order that held review of a denial of a writ of mandamus comes under a petition for writ of certiorari rather than a direct appeal, which was the …
Article • May 15, 2007
Filed under: Sentencing, Good Time
IL DOC Director Must Exercise Discretion on Good Time Awards by The Illinois Fourth District Court of Appeals reversed the dismissal of a mandamus petition seeking to enforce the Director of the Department of Corrections duty to exercise his discretion to award good time credits. The Director implemented an unwritten …
$7,701 Paid in WA DOC Employees Discrimination Claim by Stacy Lee Sund filed a tort claim with the Washington office of Risk Management alleging that the assistant director of the office of Correctional Industries stated she got pregnant in order to take advantage of the state system and medical benefits …
Article • May 15, 2007
Prison Doctor, Administrators Not Indifferent; Prison Nurse Was by The U.S. Seventh Circuit Court of Appeals held that an Indiana prisoner's complaint stated a claim for deliberate indifference to a serious medical need against a prison nurse but did not state a claim against either the prison's physician or administrators. …
PLN Nazi Guard Censorship Suit Remanded for Injunctive Relief by The court of appeals for the Ninth circuit, in an unpublished opinion, affirmed in part and reversed in part a Washington federal district court's grant of summary judgment to Washington Department of Corrections officials who censored the May, 1999, issue …
Article • May 15, 2007
Los Angeles County Prisoner Settles Shoulder Injury Claim For $10,000 by On December 24, 2001, a man who claimed his shoulder was injured when a Los Angeles County court bus abruptly stopped settled his lawsuit for $10,000. Plaintiff Leo Vargas, a 47-year-old auto mechanic, was riding a county court bus …
Article • May 15, 2007
Order Requiring Utility To Disperse Third Party Material Unconstitutional by The U.S. Supreme Court held that an order of the Public Utilities Commission of California (PUCC) requiring Pacific Gas and Electric Co. (PGE) to include material from a third party, with which it did not agree, in its billing envelopes …
Article • May 15, 2007
Texas Appeals Court Upholds Epileptic Prisoner's $60,000 Award by In this appeal by Harris County, Texas, and Sheriff Jack Heard (Appellants), the state Court of Appeals, 14th District, upheld a $60,000 jury verdict in favor of a former epileptic prisoner who was injured as a result of Appellants' negligence. On …
WA DOC Pays $102,000 to Wife Stabbed During Conjugal Visit by The Washington Department of Corrections settled a lawsuit filed in Thurston county superior court by Heather Hiivala alleging negligence in providing for her safety and under 42 U.S.C. § 1983. In 1995 she was engaged in a conjugal visit …
Article • May 15, 2007
Parole Claim Moot after Release from Supervision by The United States Supreme Court held that a prisoner's full release from parole supervision rendered his procedural due process claims moot. In this decision, the Court describe the elements of the "capable of repetition, yet evading review" exception to the doctrine of …
Article • May 15, 2007
Due Process Required Before Prisoners' Wages Seized by The court of appeals for the Ninth circuit held that prisoners are entitled to due process before their wages are seized and prison officials were not entitled to qualified immunity for seizing prisoners' wages without due process. The court also upheld denial …
Article • May 15, 2007
Female Staff Removed From CA Youth Living Units by The California Third District Court of Appeal issued a writ of habeas corpus requiring all female staff be removed from the DeWitt Nelson Training Center living units and areas of gymnasium sanitary facilities. Male juvenile detainees were forced to disrobe, bathe, …
Florida Juvenile Detainee Awarded $100,000 for Failure to Protect by The Florida Fourth District Court of Appeal affirmed a jury's award of damages sustained as a result of a sexual assault upon a juvenile detainee at a Department of Health and Rehabilitation Services (HRS) facility. HRS was found liable for …
Article • May 15, 2007
$10,000 Settlement for WA Prisoner Raped by Guard by Washington Corrections Center for Women prisoner Patricia Cruz Ortiz was sexually assaulted by guard Dondia Ray Lenoir on December 18, 1995, and January 6, 1996. Ortiz filed suit in Thurston county superior court. She was represented by attorney Jeanette Booth of …
Article • May 15, 2007
$10,750 Paid In WA Visitor's Slip and Fall by Michelle Cooper was visiting her husband, David B. Cooper, at the Clallam Bay Corrections Center when she slipped and fell on an improperly maintained moist floor caused by a leaky plumbing apparatus. David and Michelle filed a negligence suit in Clallam …
$35,000 Award In Indiana Prison Guard Gender Discrimination Suit by On April 18, 2002 an Indiana federal jury awarded Johnana Horn, a prison lieutenant at the Wabash Valley Prison, a $35,000 verdict for gender discrimination by her employer the Department Of Corrections (DOC). In 1998 Horn was working the night …
Article • May 15, 2007
$100,000 Paid in Murder Committed by Negligently Supervised WA Parolee by Dexter Villa was shot in the head and killed by Washington parolee Nathan Brightman. Villa's wife filed suit in Pierce county superior court alleging the Washington Department of Corrections failed to implement and enforce an appropriate parole plan to protect the …
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