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Article • May 15, 2007
Costs of Deposition Copy Not Waivable by A New York federal district court has held that an indigent plaintiff can not be allowed to take a deposition of witnesses without pre-paying the costs thereof, and that the defendants can not be compelled to advance the costs of the deposition. To …
Denial of PI Affirmed, But Claim Has "Colorable Merit" by Denial of PI Affirmed, But Claim Has "Colorable Merit" The U.S. Second Circuit Court of Appeals held that a federal district court did not err in denying a prisoner a preliminary injunction. Francis Conti, a New York State prisoner, sued …
Jury Need Decide Superintendents Liability in GA Prisoner's Death by This case was before the Eleventh Circuit Court of Appeals for the second time on a 42 U.S.C. §1983 action arising from the death, after a severe asthma attack, of a Georgia prisoner. The first appeal, Howell v. Evans, 922 …
Article • May 15, 2007
Mailing Out Property Protects Property Interest by The court of appeals for the Tenth circuit held that requiring a federal prisoner to mail out property he was not allowed to have in prison did not deprive the prisoner of his property interest in the property. The court noted that prisoners …
Article • May 15, 2007
NJ Prisoner Can Sue County for Rape by Guard; $258,000 Verdict Affirmed by The New Jersey Supreme Court reinstated a claim against the Union County Jail (UCJ) brought by a male prisoner who was raped by a guard. The prisoner was "called out" of his cell and taken to a …
Pervasive Risk of Harm Violates Eight Amendment by The Third Circuit Court of Appeals has held that a prisoner stated an Eighth Amendment claim for prison official's deliberate indifference to a pervasive risk of harm. The Pennsylvania prisoner alleged that he had to live day in and day out with …
Article • May 15, 2007
US Supreme Court Defines Standard For Consent Decree Modification by The US Supreme Court held that the Swift "grievous wrong" standard does not apply to requests to modify consent decrees that come from institutional reform litigation. The flexible standard adopted by the Supreme Court in this case states that a …
Article • May 15, 2007
Filed under: Furloughs, Medical, Transplants
WA DOC Can Provide Organ Transplants by A Washington Appeals Court has held that a defendant convicted of delivery and possession with intent to deliver cocaine is not entitled to home detention for medical reasons. The defendant had received two liver transplants, and he was still under close observation by …
WA Mail Theft Whistleblower's Emotional Distress Award Vacated by A Washington Appeals Court reversed a jury's award of $4,891 for emotional distress in favor of a Washington Department of Correction's employee and dismissed the case. The employee had reported to supervisors that theft of money from prisoner's mail was occurring. …
Article • May 15, 2007
Waiver Issue Requires Determination by District Court by The Third Circuit Court of Appeals has remanded to a Pennsylvania District Court to determine if a prisoner waived a future injury claim on summary judgment. The Third Circuit had previously affirmed the district court's grant of summary judgment for defendants premised …
WICC Not Federal Law by In a case filed by New Mexico prisoners transferred to Washington, a Washington federal district court has held that the Western Interstate Corrections Compact (WICC) does not confer federal rights on prisoners, which are enforceable via 42 U.S. C. §1983. The Court made this holding …
Article • May 15, 2007
$200 Awarded New York Prisoner for Fan Injury by A New York Court of Claims has awarded prisoner Tyrone Marsh $200 for injuries incurred after a fan from his cell fell and hit him in the head. While in his cell at Green Haven Correctional Facility on August 20, 2002, …
Supreme Court Orders Dismissal of Some Defendants in Pugh by The U. S. Supreme Court ordered the State of Alabama and Alabama Board of Corrections dismissed from the Pugh v. Alabama class-action prison conditions suit on the basis of Eleventh Amendment immunity The Supreme Court ruled that because neither entity …
WA Prisoner Gets Major Infractions Expunged And Good Time Restored After Filing PRP by The Washington State Court of Appeals, Division 3., dismissed the Personal Restraint Petition (PRP), of Waldo E. Waldron-Ramsey, after the Washington Department of Corrections (WDOC), expunged the infraction's he had been found guilty of, and restored …
Article • May 15, 2007
$3,000 Tort Claim Awarded In Washington Employee Disability Suit by In 1998 the Washington State Department of Corrections settled a tort claim with James D. Burns a prison guard at the Washington Corrections Center in Shelton for $3,000. In 1994 Burns had a portion of his left foot removed due …
$3,500 Paid in WA Guard's Sexual/Martial Harassment Suit by Marvin Price-Haberman was a guard at the Washington Corrections Center. In January 1994, she filed a sexual harassment complaint. Thereafter, she was subjected to retaliation. A lawsuit filed by Price-Haberman and her husband Robert Haberman, also a guard, alleged they were …
Article • May 15, 2007
$6,285,436 Awarded In Washington Parolee Wrongful Death Suit by In 1997 a Pierce county Superior Court Jury in Washington awarded $6,285,436 to Sylvia McFarland for the wrongful death of her 17 year old daughter Meeka Willinham. On August 19, 1994, a man named Johnny Robert Eggers entered Meeka's bedroom and …
Article • May 15, 2007
$7,500 Settlement To Victims Of Washington Parolee Scam In Tacoma, Washington by In 1994 the Washington State Department of Corrections gave $7,500 to the plaintiffs Olva Kleiva and Manda Kleiva, Martin Toso and Joyce Toso, Eugene Perrine and Ute Perrine, for their money being stolen by a parolee named Richard …
Article • May 15, 2007
$10,000 Paid in WA Unfair Labor Practice Charges by Pauline Wesen was a Sergeant at the Washington Corrections Center. In January 2001 she became the subject of untrue rumors started by staff members to defame her. She was eventually demoted to guard. Her complaint with the Offices of Risk Management …
Article • May 15, 2007
$14,000 Tort Claim Settlement In Washington On Smoking Suit by In 1999 the Washington State Department of Corrections settled a tort claim with correctional sergeant, Ladean Ryan for $14,000. In 1995 the plaintiff complained to her supervisor at the Washington Corrections Center in Shelton that she could not work in …
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