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Article • May 15, 2007
Filed under: Civil Procedure, Damages, Costs
Costs Improperly Denied to Prevailing Prisoner by In an unpublished opinion, the court of appeals for the Sixth circuit held that a district court had improperly denied Costs to a pro se prisoner who won his case, at a jury trial. William Walker, a Michigan state prisoner, filed suit alleging …
Retaliatory Keep-Lock for Assisting Prisoner with Grievance Defeats Dismissal Motion by Retaliatory Keep-Lock for Assisting Prisoner with Grievance Defeats Dismissal Motion A New York federal district Court denied prison official's motion to dismiss a prisoner's 42 U.S.C. §1983 complaint alleging retaliation assisting another prisoner with a grievance. The prisoner was …
Article • May 15, 2007
Political-Party Discrimination Rampant in Puerto Rico; Damage Award Upheld by In 2000, Mirla Rodriguez-Marin (Marin) and Ana Escobar-Pabon (Pabon) were high-ranking officers in Puerto Rico's Administration of Corrections (AOC). Both were members of the New Progressive Party (NPP). That year's incumbent Governor was a member of the Popular Democratic Party …
Article • May 15, 2007
SD Conviction for Spitting on Prison Guard Affirmed by Brian Schouten, a state prisoner, spat on a guard at the South Dakota State Penitentiary. He was convicted of a class 6 felony under SDCL 22-18-26 for the spitting incident, without being allowed to present evidence of his diminished capacity. On …
Article • May 15, 2007
WA State Owes No Duty to Ensure That Foster Kids Don't Harm the General Public by Aba Sheikh sustained injuries when he was beaten by four teenagers in a Seattle parking lot in March of 1999. The teenagers were in state-imposed foster care at the time. Sheikh obtained a judgment …
Article • May 15, 2007
L.A. County Probation Department Employee Awarded $95,000 for Discriminatory Forced Retirement by by John E. Dannenberg A 39-year veteran employee of the County of Los Angeles' (L.A.) Probation Department, in failing health, was constructively forced to retire by a job transfer that he alleged was intended to harass him because …
Massachusetts Prisoners' Chemical Toilet Claim Proceed to Trial for Damages by A Massachusetts federal district court has granted in part and denied in part prison officials' motion for summary judgment in a class action by prisoners formerly incarcerated at the Southeast Correctional Center (SCC). PLN previously reported proceedings in this …
Article • May 15, 2007
South Dakota Juvenile Detention Center's Blanket Strip Search Policy Unconstitutional by A South Dakota federal district court has held that the strip-searching of juveniles held for minor offenses violates the Fourth Amendment and denied the defendants qualified immunity. This class action suit was brought to challenge institution policies at South …
Rules Modeled on Ten Commandments Violate Establishment Clause; Sheriff Denied Qualified Immunity by A federal court in Arkansas held that jail rules modeled after the Ten Commandments violates the Establishment Clause of the First Amendment. It also held that jail officials were not entitled to qualified immunity. Andy Lee was …
Article • May 15, 2007
Filed under: Mental Health, Suicides
Michigan Doctor's Termination of Prisoner's Suicide Watch Upheld by On March 2, 1995, Billy Montgomery was on suicide watch in a Michigan prison. He was interviewed by Norris McCrary, a prison psychologist, who, without reviewing his file, found that Montgomery no longer needed to be on suicide watch. McCrary had …
Iowa Supreme Court Holds Prison Sex Offender Screening Process Constitutional by On October 22, 2004 the Iowa Supreme Court ruled on a prisoner's claim that a prison rule concerning sexually violent prisoners enacted after his imprisonment effectively removed him from consideration for early parole. The court held that although the …
Article • May 15, 2007
Rooker-Feldman Doctrine Bars Federal Review of Michigan Indigent Filing Fees Statute As Applied by Matthew Clarke Rooker-Feldman Doctrine Bars Federal Review of Michigan Indigent Filing Fees Statute As Applied by Matthew T. Clarke On August 31, 2004 the Sixth Circuit Court of Appeals held that an indigent Michigan state prisoner …
PLRA Exhaustion-of-Remedies Requirement Applies to Private Prison by by Matthew T. Clarke On September 8, 2004 the Sixth Circuit Court of Appeals held that prisoners incarcerated in a private prison must first exhaust the prison's administrative remedies before bringing suit under 42 U.S.C. § 1983 challenging unconstitutional prison conditions. Louis …
Article • May 15, 2007
New York Appeals Court Upholds Prisoner's Disciplinary for 9-11 Comment by On June 17, 2004, a New York court of appeals upheld disciplinary action taken against a state prisoner for a comment he allegedly made while watching TV coverage of the 9-11 attacks. Particio Linares, a New York state prisoner, …
Article • May 15, 2007
Eighth Circuit Upholds Judgment Against CMS For Delayed Dental Care by In an unpublished opinion filed on August 7, 2001, the U.S. Eighth Circuit Court of Appeals upheld a judgment against Correctional Medical Services (CMS) for failing to provide adequate dental care to a Missouri prisoner. While imprisoned in the …
Article • May 15, 2007
Colorado: City Pays $240,000 to Victims of Serial Rapist by On January 30, 2006, the city of Aurora, Colorado, announced it would pay $240,000 to four women raped by a man they claimed should have been arrested months earlier. In November 2004, Brent J. Brents admitted to molesting an 8 …
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 …
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