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Article • May 15, 2007
CO Prisoners Need Not Obtain Post-Conviction Relief Before Filing Malpractice Suit Against Trial Lawyers by Geoffrey Rantz was convicted in a Colorado court of sexually assaulting two boys and sentenced to sixty-years in prison. While his case was on appeal, Rantz filed a malpractice suit against his trial lawyers. The …
Article • May 15, 2007
Canadian Court Awards Female Prisoner $10,000 For Illegal Search by In the week of January 23, 2006, the Federal Court of Canada awarded $10,000 to a female prisoner who was subjected to an illegal body cavity search at the Grand Valley women's prison. Upon returning to Grand Valley after spending …
Article • May 15, 2007
$100,000 Settlement Recommended For County's Contract Breach by On December 14, 2005, the Los Angeles County Claims Board recommended paying $100,000 to a drug testing firm to settle its breach of contract suit against the county. In September 1995 Los Angeles County entered a 5-year contract with PharmChem to provide …
Article • May 15, 2007
$201,000 Settlement in Death of California Prisoner with Hepatitis C by In June 2002, the California Department of Corrections (CDOC) settled for $201,000 a wrongful death suit alleging denial of appropriate medical care for hepatitis C. The lawsuit, brought by the family of Rosemary Willeby, claimed her October 1999 death …
Former PHS Employee Awarded $200,000 for Retaliation, Age Discrimination by On August 16, 2001, a Maine jury awarded $200,000 to a registered nurse who claimed she was fired by Prison Health Services (PHS) for voicing concerns about the quality of care being provided to juvenile prisoners and because of her …
Article • May 15, 2007
Massachusetts: City Potentially Liable For Officer's Negligence by In this case involving a university police officer who was injured by an escaped prisoner, the Superior Court of Massachusetts denied summary judgment to the City of Worcester. The Court held that a jury could find the City's officer was grossly negligent …
Article • May 15, 2007
Filed under: Sentencing, Good Time
WA Early Release Credits No Substitute for Good Time Lost for Disciplinary Reasons by WA Early Release Credits No Substitute for Good Time Lost for Disciplinary Reasons The Washington State Court of Appeals for Division 1 has denied a prisoner's Personal Restraint Petition (PRP), claiming that the state Department of …
Article • May 15, 2007
California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity by John E Dannenberg California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity By John E. Dannenberg The Third District California Court of Appeal held that the "mailbox rule" [prisoner legal mail delivered to prison authorities for mailing to …
Article • May 15, 2007
Incarceration Term alone Insufficient to Terminate Florida Prisoner's Parental Rights by Incarceration Term alone Insufficient to Terminate Florida Prisoner's Parental Rights The Florida Supreme Court has held that a trial court, when assessing a petition to terminate a prisoner's parental rights, must apply a forward-looking view when determining if the …
New Wrongful Death Trial Prompts $600,000 Settlement; Judge Gave Faulty Jury Instructions, Finds Excessive Force by On December 5, 1999, 29-year-old Damon Lowery's life came to a tragic end while in police custody. More than five years later, with a new trial looming, Portland, Oregon officials paid Lowery's estate $600,000 …
Article • May 15, 2007
No Summary Judgment on NY Failure to Protect Claim by The New York Supreme Court upheld a lower court's denial of summary judgment to jail officials on a prisoner's failure to protect claim. On January 17, 2001, James Nelson, a member of the "Bloods" gang, and Walter Lindsay fought in …
Article • May 15, 2007
$276,163 Award of Costs and Fees in Iowa Juvenile Detention Case by An Iowa federal District Court, in a pre-PLRA case, awarded $276,163.09 in attorney fees and costs in an action challenging juvenile detention and jailing practices in Webster County, Iowa. The litigation's history can be found at: Hendrickson v. …
Denial of Injunction Against Federal Guard's Sexual Harassment/Retaliation Reversed by Denial of Injunction Against Federal Guard's Sexual Harassment/Retaliation Reversed The Fifth Circuit court of appeals has reversed the denial of a Texas federal prisoner's motion for a temporary restraining order (TRO) seeking relief from sexual harassment and retaliation by a …
Article • May 15, 2007
NE Prisoner May Intervene in Child's Name Change Proceeding by The Nebraska Supreme Court held that a Nebraska state prisoner whose parental rights were not terminated may intervene in his biological child's proceeding seeking to change the child's surname. The father was paying child support, wrote his son, talked to …
Article • May 15, 2007
Filed under: Media, Internet
NY DOC Website Posting Not Defamatory by In an unpublished opinion, the court of appeals for the Second circuit upheld dismissal of a prisoner's lawsuit claiming that he was defamed when the New York Department of Correctional Services posted information stating he had been convicted of robbery on its website …
Article • May 15, 2007
Disagreement on Medical Treatment Fails to State Constitutional Violation; Summary Judgment Granted Defendants by Disagreement on Medical Treatment Fails to State Constitutional Violation; Summary Judgment Granted Defendants An Illinois federal district court granted summary judgment to doctors at Joliet and Stateville Correctional Center in a 42 U.S.C §1983 action alleging …
$500 Award in Failure to Protect NY Prisoner from Assault by William Blake, Jr., a prisoner at the Sullivan Correctional Facility (SCF), filed a pro se law suit against SCF, for failing to prevent another prisoner from assaulting him, in SCF's Special Housing Unit (SHU). In November 1998, a prisoner …
$200 Awarded To Prisoner Wrongfully Held On Keeplock Status by Osvaldo Solis, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him on keeplock status. On April 14, 2001, Solis was placed on keeplock confinement for allegedly taking part …
Article • May 15, 2007
$200 Awarded To NY Prisoner in Slip and Fall Suit by Curtis Flowers, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for injuries he received as a result of slipping on the stairs at SSCF. On December 4,1998, Flowers slipped and …
California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns by John E Dannenberg California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns by John E. Dannenberg Sacramento, California attorney Richard Hale Dangler, Jr. was assessed $46,750 by the California Court of Appeal and forced to resign …
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