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Brief • November 20, 2014
City of Pembroke Pines v. Corrections Corporation of America, FL, Order, City not obligated to service CCA prison, 2014 IN THE CIRCUIT COURT OF THE 17Th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: 12-7337(25) CITY OF PEMBROKE PINES, Plaintiff, vs. CORRECTIONS CORPORATION OF AMERICA, INC. a foreign …
Prosecutorial Misconduct: Taking the Justice Out of Criminal Justice by Christopher Zoukis Prosecutorial Misconduct: Taking the Justice Out of Criminal Justice by Christopher Zoukis The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous.... While the prosecutor at his best …
Article • October 10, 2014 • from PLN October, 2014
Colorado Law Grants Immunity to Law Enforcement Officers Transporting Juveniles by David Reutter Colorado Law Grants Immunity to Law Enforcement Officers Transporting Juveniles by David M. Reutter The Colorado Supreme Court held on January 13, 2014 that “allegations of negligence alone are not sufficient to overcome the statutory grant of …
Texas Supreme Court Holds TDCJ Immune in Suit Alleging Sexual Assault of Prisoners by Texas Supreme Court Holds TDCJ Immune in Suit Alleging Sexual Assault of Prisoners   On October 26, 2102, the Texas Supreme Court held that the Texas Department of Criminal Justice – Community Justice Assistance Division (TDCJ) …
Article • October 5, 2014
D.C. Circuit Rules Detainee Treatment Act Not Subject to § 1983 Remedy by Derek Gilna D.C. Circuit Rules Detainee Treatment Act Not Subject to § 1983 Remedy   by Derek Gilna   A John Doe plaintiff, a U.S. citizen and employee of an American-owned defense contracting firm performing Arabic translating …
Article • October 5, 2014
Ninth Circuit Says Absolute Immunity Protects Extradition Decisions by Ninth Circuit Says Absolute Immunity Protects Extradition Decisions   The Ninth Circuit Court of Appeals held that the decision not to extradite a criminal defendant is intimately associated with the criminal phase of the judicial process. Therefore, state officials participating in …
Brief • October 3, 2014
Missouri Public Entity Risk Management v. Edwards, MO, Defendant's Suggestions in Support of Their MSJ, 2014 IN THE CIRCUIT COURT FOR COLE COUNTY 19th JUDICIAL CIRCUIT STATE OF MISSOURI MISSOURI PUBLIC ENTITY RISK MANAGEMENT, Plaintiff, v. SCOTT EDWARDS, et al. Defendants. ) ) ) ) ) ) ) ) ) …
Article • September 18, 2014 • from PLN September, 2014
Fifth Circuit: Prisoner Who was Raped May Proceed with Lawsuit against Lock Company by Matthew Clarke Fifth Circuit: Prisoner Who was Raped May Proceed with Lawsuit against Lock Company by Matt Clarke In a July 9, 2013 opinion, the Fifth Circuit Court of Appeals held that the statute of limitations …
Article • August 13, 2014 • from PLN August, 2014
Fifth Circuit Upholds Qualified Immunity in Medical Neglect Death of Texas Detainee by Matthew Clarke Fifth Circuit Upholds Qualified Immunity in Medical Neglect Death of Texas Detainee by Matt Clarke In a case involving the death of a pretrial detainee due to lack of medical treatment, the Fifth Circuit Court …
Article • August 8, 2014 • from PLN August, 2014
Qualified Immunity to Iowa DOC Director for Recalculating Prisoners’ Release Dates by David Reutter Qualified Immunity to Iowa DOC Director for Recalculating Prisoners’ Release Dates by David M. Reutter The Eighth Circuit Court of Appeals has upheld a district court’s grant of qualified immunity in a civil rights action brought …
Article • June 6, 2014 • from PLN June, 2014
Second Circuit: RLUIPA Disallows Individual Capacity Suits by David Reutter Second Circuit: RLUIPA Disallows Individual Capacity Suits by David M. Reutter The Second Circuit Court of Appeals held in September 2013 that the Religious Land Use and Institutionalized Persons Act (RLUIPA) does not create a private right of action against …
Brief • June 6, 2014
Stephens v. Sheriff of Palm Beach County, FL, Amended Complaint, sheriff shooting unarmed paraplegic, 2014 Case 9:14-cv-80425-BSS Document 32 Entered on FLSD Docket 06/06/2014 Page 1 of 25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 14-CV-80425-COHN/SELTZER DONTRELL STEPHENS, Plaintiff, v. RIC BRADSHAW, in his capacity as Sheriff …
Article • May 20, 2014 • from PLN May, 2014
Philadelphia Sued Over Rejection of Ad Criticizing U.S. Incarceration Policies by Michael Brodheim Philadelphia Sued Over Rejection of Ad Criticizing U.S. Incarceration Policies   by Michael Brodheim   On May 20, 2013, a federal district court in Pennsylvania denied the City of Philadelphia’s motion to dismiss in a case brought …
Article • May 20, 2014 • from PLN May, 2014
Warden Granted Qualified Immunity for Two-year Visitation Suspension by David Reutter Warden Granted Qualified Immunity for Two-year Visitation Suspension   by David Reutter   A prison official who suspended a prisoner’s visitation privileges was entitled to qualified immunity because, under the facts of the case, the prisoner did not have …
Article • May 19, 2014 • from PLN May, 2014
Ninth Circuit: County May be Liable for Wrongful Conviction Even if District Attorney Enjoys Absolute Immunity by Ninth Circuit: County May be Liable for Wrongful Conviction Even if District Attorney Enjoys Absolute Immunity   On May 8, 2013, the Ninth Circuit Court of Appeals held that the County of Los …
Article • April 15, 2014 • from PLN April, 2014
Qualified Immunity Denied to Michigan Guard for Improper Strip Search of Amputee Prisoner by The Sixth Circuit Court of Appeals affirmed the denial of qualified immunity to a Michigan prison guard who allegedly strip searched a prisoner without a legitimate penological reason for doing so. The appellate court also vacated …
Hammond v Kates, DC, Amicus Brief - HRDC, transgender abuse discrimination, 2014 USCA Case #13-5212 Document #1485371 Filed: 03/25/2014 Page 1 of 50 [ORAL ARGUMENT NOT YET SCHEDULED] ______________________________ Nos. 13-5212 & 13-5213 ______________________________ IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ______________________________ PATTI HAMMOND …
Alabama Sheriff Made Party on Counterclaim Alleging Prisoners Subjected to Sexual Abuse by The Alabama Supreme Court has held that a third party to a lawsuit may be made a party when a counterclaim is filed. The Court also held a sheriff named as a defendant was not entitled to …
Burke v. CorrectCare-Integrated Health, KY, Critical Incident Report, Inmate Starved to Death, 2014 Case 5:15-cv-00007-TBR Document 105-1 Filed 02/04/16 Page 1 of 25 PageID #: 714 Case 5:15-cv-00007-TBR Document 105-1 Filed 02/04/16 Page 2 of 25 PageID #: 715 Case 5:15-cv-00007-TBR Document 105-1 Filed 02/04/16 Page 3 of 25 PageID …
Article • February 15, 2014 • from PLN February, 2014
Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity by The Tenth Circuit has affirmed the denial of qualified immunity to a warden in a civil rights action that alleged he created and allowed a policy or culture of sexual misconduct and failed to take reasonable measures to abate that …
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