Cell Extraction of Missouri Prisoner Resulting in Facial Injuries Nets $20,000 by A Missouri prisoner who sustained facial injuries during a cell extraction was awarded $20,000. A five-man movement team entered Mr. Davis-El’s cell to search it. Davis-El was placed facedown on the concrete floor and a guard punched him, …
Missouri Prisoner Appointed Lawyer in Federal Civil Rights Action by Don Shields, a Missouri state prisoner, filed a civil rights action in federal district court after a St. Louis cop refused to return money and other property seized during Shields' arrest. The district court dismissed for failure to comply with …
Noah and Davis v. Mercurio and Dean, MO, Order, attorney fee awards, 2008 Case 4:06-cv-00591-CDP Document 146 Filed 05/27/2008 Page 1 of 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION LEROY NOAH and CHRISTOPHER DAVIS, Plaintiffs, vs. AUGUST MERCURIO, III and ROBERT DEAN, Defendants. ) ) ) …
$100,000 Settlement in Missouri Jail Prisoner’s Methamphetamine Overdose Death by $100,000 Settlement in Missouri Jail Prisoner's Methamphetamine Overdose Death When arrested during a traffic stop on June 4, 2005, 20-year-old Sheena Crawford ingested methamphetamine. Upon being booked into Missouri's Pettis County Jail, Crawford advised guards Jennifer Meyer and Clarence McGuldrick …
Missouri Ordered to Pay Prisoner's $250,000 Judgment Plus Fees and Costs for Sexual Assaults by Work Supervisor by John Dannenberg by John E. Dannenberg On June 29, 2007, the Missouri Court of Appeals ruled that the state must pay a $250,000 judgment awarded in federal district court to a prisoner …
Removal to Federal Court Denied State Court Jurisdiction by The Missouri Court of Appeals held that a state circuit court lacked jurisdiction to rule on a summary judgment motion in a case that had been removed to federal court. Missouri prisoner Edward Moore successfully sued Correctional Medical Services (CMS) for …
Missouri: New State Law Conceals Identity of Executioners by John Dannenberg by John E. Dannenberg Missouri enacted a new law declaring the identity of those personnel participating in the execution process to be a state secret. The statute provides a legal cause of action for damages and punitive damages against …
Eighth Circuit Holds Partial Exhaustion Requires Total Dismissal by The Eighth Circuit Court of Appeals held that 42 U.S.C. § 1997e(a) requires dismissal of a complaint alleging multiple prison conditions claims against multiple defendants, when each claim against each defendant was not fully exhausted administratively before filing. Missouri prisoners Malik …
Sovereign Immunity Not Waived by Federal Extradition Act by The Eighth Circuit Court of Appeals has held that the Federal Extradition Act does not waive a state's sovereign immunity. This action was filed by St. Charles County, Missouri (County), seeking $5,421.86 from the State of Wisconsin for costs incurred for …
Bakhtiari v. Lutz, MO, Spoliation, Employment Discrimination, 2007 507 F.3d 1132 he received in that course, Bakhtiari filed a grade appeal in August 2002, alleging that Dr. Long excessively missed class, mismanaged the course, and graded capriciously. A hearing on the matter was conducted in November 2002, and Bakhtiari's grade …
Eighth Circuit Reverses Summary Judgment Dismissal of Excessive Force Claims by The Eighth Circuit Court of Appeals reversed a lower court?s grant of summary judgment to jail officials on a detainee?s excessive force claim. Patti Johnson and her sisters Laura Johnson, Stacey Hall and Karen Mitchell were all confined in …
Eighth Circuit Reverses Dismissal on Wrong Medication Claims by The Eighth Circuit Court of Appeals reversed a lower court?s grant of summary judgment to prison officials, related to erroneous administration of another prisoner?s psychotropic medication. On January 26, 2004, Nurse Assistant Lorna Bell mistakenly required Missouri prisoner James Spann to …
Erroneous Jury Instruction Nets Raped Missouri Prisoner New Civil Trial by The Eighth Circuit Court of Appeals reversed a jury verdict against a prisoner-plaintiff, finding that the lower court erred in responding to a jury question during deliberations. Missouri Department of Corrections (MDOC) prisoner Ronnie Conley was raped repeatedly by …
Retroactive Application of Missouri Sex Offender Registration Law Banned by Missouri's Supreme Court has held that the state's "Megan's Law" cannot be retroactively applied to persons convicted prior to January 1, 1995. The ruling affects about half of the people previously required to register as sex offenders, but allows information …
$30,000 Settlement For Woman Raped By Missouri Jail Prisoner by In May, 2006, Jefferson County, Missouri, settled a federal civil rights lawsuit brought by a female prisoner who was allegedly raped by a male prisoner a guard placed in her cell. Tracy Mundy, 24, a former Jefferson County Jail prisoner, …
Missouri Legislature Allows Wrongfully Convicted to Receive Compensation by The Missouri Legislature has enacted legislation to compensate all persons declared "actually innocent" after DNA testing. In the last 15 years, five such prisoners in Missouri were released after being exonerated by DNA testing. The latest action by that legislature sought …
Washington v. Denney, MO, Complaint, Smoking, 2007 j IN THE UNITED STATE DISTICT COURT EASTERD OF MISSOURI MR. ECCLESIASTICAL DENZEL WASHINGTON S. vs. 01--tf /IJ1 GOVENOR MATT BLUNT CASE NO. --(V-{ --SOW QUESTION JURY TRIAL DEMEND DEFENDANT LARRY CRAWFORD DEFENDANT DAVE DORMINE DEFENDANT WENDELL ENLOE DEFENDANT JAY CASSADY DEFENDANT BRAD …
Michigan Prisons: Another CMS Failure in Privatized Prisoner Health Care by David Reutter by David M. Reutter Another state prison system that subjected itself to the experiment of privatized medical services has learned the same hard lesson suffered by other states: a trail of inadequate care that leaves prisoners dead …
Eighth Circuit Upholds Seizure of Incoming Mail Without Notice by The Eighth Circuit Court of Appeals held that a Missouri prisoner failed to allege an adequate procedural due process claim with respect to the seizure of his incoming mail without notice, stating: "although the failure to promptly notify [the prisoner] …
Eighth Circuit Upholds Outgoing Mail Ban by The Eighth Circuit Court of Appeals upheld a Missouri prison policy authorizing an outgoing mail restriction on mail addressed to parties who have indicated that they do not wish to receive mail from a prisoner. Following Finney v. Arkansas Bd. of Corrections, 505 …
