Federal Judge Orders Missouri To Amend Its Lethal Injection Protocol by The U.S. District Court ordered the state of Missouri to amend its lethal injection execution protocol to comport with Eighth Amendment cruel and unusual punishment standards. Missouri condemned prisoner Michael Taylor had challenged Missouri’s procedure to utilize a three-drug …
Missouri Prisoner Wins $25,000 in Police Excessive Force Case; Attorney Fees Limited to $37,500 by PLRA by Missouri Prisoner Wins $25,000 in Police Excessive Force Case; Attorney Fees Limited to $37,500 by PLRA The U.S. District Court for the Eastern District of Missouri, following the Prison Litigation Reform Act (PLRA), …
Retroactive Residency Restrictions for Missouri Sex Offenders Unconstitutional by Matthew Clarke by Matt Clarke On May 24, 2007, Cole County, Missouri Circuit Court Judge Patricia S. Joyce ruled that a Missouri statute requiring certain registered sex offenders to move if they lived within 1,000 feet of a school (§ 566.147, …
McCall v. Rock Hill, MO, Planintiff Memo for Contempt, 2008 Case: 4:08-cv-00471-CEJ Doc. #: 32 Filed: 12/04/08 Page: 1 of 4 PageID #: 107 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CURTIS MCCALL, ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. CITY OF …
$305,021 Awarded to Missouri Prisoner Struck by Tree; State Legislature Takes Note by Brandon Sample $305,021 Awarded to Missouri Prisoner Struck by Tree; State Legislature Takes Note by Brandon Sample A Missouri prisoner was awarded $305,021 after being struck by a tree. In February 2000, Hortense Cain, a female prisoner …
Grabbing Prisoner’s Buttocks Not Sexual Assault by Several civilian maintenance workers grabbed the plaintiff's buttocks briefly. This conduct did not violate the Eighth Amendment because there is no evidence that the plaintiff suffered anything more than a brief unwanted touch. The plaintiff submits no evidence except his own characterization to …
Author Jack Abbott’s Snitching Cannot Prevent Transfer by On September 23, 1983, the Eighth Circuit court of appeals held that a prisoner who claimed to be in danger for having snitched on other prisoners cannot prevent his own transfer to a prison where he claimed be would be in danger …
Slapping Prisoner on Face Okay by The plaintiff was being transferred and shouted obscenities and refused to put out her cigarette. The Sheriff says he tried to take the cigarette out of her mouth and she tried to bite him, and his hand "made contact" with her face. The plaintiff …
Challenge to Missouri Lethal Injection Protocol Remanded for Discovery by On April 27, 2006, the Eighth Circuit Court of Appeals remanded a death row prisoner's challenge to Missouri’s lethal injection protocol for additional discovery following a botched attempt at resolving the issue using an accelerated schedule. Michael Anthony Taylor, a …
Missouri Execution Nurse, Doctor Have Questionable Histories by John Dannenberg by John E. Dannenberg A Missouri nurse employed by the state’s execution team was hired by federal officials to participate in the execution of mass killer Timothy McVeigh at Terre Haute, Indiana in 2001. However, before the nurse could leave …
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 …
