what is lieu of the death penalty - Search

$5,000 Paid in Wrongful WA Probation Warrant and Arrest

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment, Probation, False Arrest

$5,000 Paid in Wrongful WA Probation Warrant and Arrest by Rosalie Hanstad was pulled over by a Washington State trooper for speeding and was subsequently arrested on a probation warrant. She filed suit under 42 U.S.C. § 1983 in state court and a tort complaint for intentional and emotional distress …

$7,000 Paid in WA Prisoner's Suicide

Article • May 15, 2007

Filed under: Wrongful Death, Medical Neglect/Malpractice, Suicides

$7,000 Paid in WA Prisoner's Suicide by John Anthony Brown, a prisoner at the Washington Corrections Center in Shelton, hanged himself in his cell. His mother, Phyllis Brown, filed a tort claim pro se with the office of Risk Management alleging he was negligently supervised. On November 11, 2002, his …

$1,400 Recovery Obtained in Fraudulent WA Money Transfer

Article • May 15, 2007

Filed under: Money/Property, Seizure of Prisoner Funds

$1,400 Recovery Obtained in Fraudulent WA Money Transfer by Airway Heights Correctional Center prisoner John Ralph Johnson filed a state tort claim with the Washington State Office of Risk Management stating that prisoner Clinton Larry forged two money transfers for $600 and $800 from Johnson's prisoner trust account to be …

$3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC

Article • May 15, 2007

Filed under: Notary Services, Sentencing, Detainers

$3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC by $3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC Douglas Krohne, a prisoner at Walla Walla, Washington, filed a 42 U.S.C. § 1983 action in the Western District of Washington …

$27,000 For Washington Prisoner's 2 1/2 Years Of Unlawful Imprisonment

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment

$27,000 For Washington Prisoner's 2 1/2 Years Of Unlawful Imprisonment by Raymond Stokes' early release date was calculated as July 28, 1998. However, due to his status as a disabled person, DOC officials at the Clallam Bay Corrections Center, in Clallam Bay, Washington, refused to credit Mr. Stokes with the …

$35,000 For 14 Months Of Unlawful Imprisonment

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment

$35,000 For 14 Months Of Unlawful Imprisonment by In February 1993, Jaramie Womack committed a burglary in Wyoming. In July of that same year, Mr. Womack committed a robbery in Washington. He was sentenced to 3 to 6 years for the Wyoming offense and was extradited to Washington, where he …

$2,000 For Erroneous Washington Parole Drug Test Result

Article • May 15, 2007

Filed under: Searches, Drug Testing, Wrongful Imprisonment, Parole Conditions

$2,000 For Erroneous Washington Parole Drug Test Result by On May 1, 1995, John Lizee was arrested for a community supervision violation by his community corrections officer and confined at the Airway Heights Corrections Center, in Spokane, Washington, until May 4, 1995. Mr. Lizee's arrest and confinement was based on …

$1,882.80 For Falsely Labeling Prisoner As "Sex Offender"

Article • May 15, 2007

Filed under: Classification, Sex Offender Registration, Sex Offenders (Discrimination)

$1,882.80 For Falsely Labeling Prisoner As "Sex Offender" by $1,882.80 For Falsely Labeling Prisoner As "Sex Offender" On October 27, 1997, Gene Palmer pleaded guilty to the third degree assault of Timothy Barker. The incident arose when Mr. Barker entered Mr. Palmer's house without permission and a fight ensued. Mr. …

$50,000 For 8 Months Of Unlawful Imprisonment by Washington DOC

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment

$50,000 For 8 Months Of Unlawful Imprisonment by Washington DOC by On August 5, 1981, Joel Perry was sentenced to concurrent terms of 5 and 10 years in prison for various felonies. These terms of confinement were suspended, and Mr. Perry was placed on probation. Mr. Perry's suspended sentence was …

$124,500 Paid in WA Guard's Harassment Suit

Article • May 15, 2007

Filed under: Sexual Harassment, Staff-Staff Harassment, Employee Litigation

$124,500 Paid in WA Guard's Harassment Suit by Leanna A. Bradley was a guard at the Washington Corrections Center in Shelton from April 17, 1995, to June 7, 1996, when she was discharged. Bradley, represented by Jone A. Seavecki, filed, suit in the Pierce County Superior Court alleging she was …

$144,134 Paid in Male WA Guard's Sexual Harassment Suit

Article • May 15, 2007

Filed under: Supervisor-Staff Harassment, Racial Discrimination, Gender Discrimination -- Men, Guards/Staff, Employee Litigation

$144,134 Paid in Male WA Guard's Sexual Harassment Suit by Rodney Shaw was an African American guard at the McNeil island Corrections Center in Steilacoom, Washington who was subjected to harassment and belittlement in front of prisoners by white guards. He also alleged he was sexually harassed by a female …

$1,500 For Illegally Extending Term of Community Supervision

Article • May 15, 2007

Filed under: Sentencing, Parole, Wrongful Imprisonment

$1,500 For Illegally Extending Term of Community Supervision by On May 8, 1992, Raymond Mullins was sentenced to one year of community placement for a felony conviction and to one year of probation for a misdemeanor conviction. These sentences were imposed concurrently. On July 30, 1992, Mr. Mullins' probation was …

$7,000 For 20 Days Of Unlawful Imprisonment

Article • May 15, 2007

Filed under: Sentencing, Parole, Wrongful Imprisonment

$7,000 For 20 Days Of Unlawful Imprisonment by Robert Bergen was serving a ten-year prison sentence for assault and indecent liberties. His good time release date was scheduled as February 18, 1981. Five months prior to this date, Mr. Bergen received a prison disciplinary infraction. He was found not guilty …

Alaska: 1997 Tort Reform Legislation Facially Constitutional

Article • May 15, 2007

Filed under: Civil Procedure, Damages, State Legislation

Alaska: 1997 Tort Reform Legislation Facially Constitutional by The Supreme Court of Alaska held that tort reform legislation enacted by the Alaska Legislature was facially constitutional. Plaintiffs, persons considering tort actions, sought declaratory judgment voiding the legislation. The 26 SLA 1997 legislation "included many new tort law provisions, including caps …

Attorney-Client Privilege Breached

Article • May 15, 2007

Filed under: Attorneys, Attorney Client, Attorney Misconduct

Attorney-Client Privilege Breached by The Supreme Court of Washington, en banc, held that a lawyer unethically revealed confidential information, thereby breaching the attorney-client privilege. William Hamilton retained attorney Douglas Schafer to aid him in forming a corporation in order to purchase a bowling alley from an estate represented by Grant …

Sixth Circuit Dismisses Tennessee Jail Officials' Qualified Immunity Request

Article • May 15, 2007

Filed under: Sexual Assault, Prisoner-Prisoner Assault, Failure to Protect (General), Qualified Immunity

Sixth Circuit Dismisses Tennessee Jail Officials' Qualified Immunity Request by In an unpublished opinion dated October 20, 2004, the Sixth U.S. Circuit Court of Appeals dismissed for lack of jurisdiction an interlocutory appeal challenging a district court's denial of qualified immunity to Tennessee jail officials. While imprisoned in Tennessee's Shelby …

Tenth Circuit Upholds Dismissal Of Utah Prisoner's Conditions Claim

Article • May 15, 2007

Filed under: Skeletal Injury, Showers, Immunity/Liability, Qualified Immunity, Premises Liability

Tenth Circuit Upholds Dismissal Of Utah Prisoner's Conditions Claim by On June 3, 2004, the U.S. Tenth Circuit Court of Appeals held that unsafe conditions in a prison shower area that resulted in a Utah prisoner's slip and fall did not rise to the level of a constitutional violation. State …

Third Circuit Upholds Forced Feeding of Pennsylvania Prisoner

Article • May 15, 2007

Filed under: Hunger Strikes, Medical, Forcible Treatment, Religious Diet, Religious Practices

Third Circuit Upholds Forced Feeding of Pennsylvania Prisoner by On September 28, 2004, the U.S. Third Court of Appeals held that although the admission of a federal litigant's prior robbery conviction during trial was erroneous pursuant to Federal Rules of Evidence, the admission did not affect the trial's outcome. The …

Kansas Federal Court Upholds In-Cell Book Restriction, But Continues Injunction

Article • May 15, 2007

Filed under: Civil Procedure, Injunctions, Preliminary Injunctions/TRO's, Publications/Books, Religious Property

Kansas Federal Court Upholds In-Cell Book Restriction, But Continues Injunction by by Matthew T. Clarke A Kansas federal court has upheld the Kansas Department of Corrections policy limiting the number of books a prisoner may possess in his cell, but continued to enforce an injunction against prison officials destroying a …

Washington's Early Release Credit System Unconstitutional Because It Discriminates Against Poor People

Article • May 15, 2007

Filed under: Sentencing, Good Time

Washington's Early Release Credit System Unconstitutional Because It Discriminates Against Poor People by David C Fathi Washington's Early Release Credit System Unconstitutional Because It Discriminates Against Poor People By Meredith Martin Rountree & David C. Fathi The Ninth Circuit in MacFarlane v. Walter, 179 F.3d 1131 (9th Cir. 1999), recently …