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Article • May 15, 2007
Prisoner Guilty Of Introduction Of Marijuana Into County Jail by State prisoner Gary Yarbro was found guilty of introducing marijuana into the Hardin County (Tennessee) jail in a tube of toothpaste upon reporting to serve a forty-five day sentence on an unrelated charge. Yarbro was allowed to bring a clothes …
Article • May 15, 2007
Searching Vehicle Of Prison Visitor Suspected Of Illegal Drug Possession Upheld by New Jersey resident Janice Daniels appealed a State court denial of her motion to suppress heroin seized from her vehicle's interior. Mrs, Daniels and her husband were visiting her son who was incarcerated at the Garden State Youth …
Article • May 15, 2007
Prisoner Telephone Calls In County Jail Can Be Recorded by Federal prisoner Gary Friedman filed a motion to suppress tape recordings of certain telephone conversations that he made to his brother (an attorney) while in county jail. The trial court denied Friedman's suppression motion. Friedman appealed, claiming that the tape …
Article • May 15, 2007
California Guard Charged with Excessive Force in County Prisoner Death by Greg Fuher, a guard at the California San Joaquin County jail, was charged with assaulting prisoner Mondez Denmon while attempting to subdue him when he allegedly became threatening and assaultive while in custody. A grand jury indicted Fuher and …
Article • May 15, 2007
Excessive Force Against Detainee By Police Upheld by Manuel Orsonio, who was arrested and never charged with a crime, filed a State court lawsuit against Ernest Armond and two other Long Beach, California police officers, alleging excessive force and negligent infliction of emotional distress. Orsonio was awarded $282,000 in damages. …
Article • May 15, 2007
Louisiana Sheriff Sues Parish For Revenue Generated From Jail Operation by Bob Williams By Bob Williams On December 1, 2004, the Louisiana Supreme Court held the Caddo Parish Sheriff's (Steve Prator) state court lawsuit against Caddo Parish was decided in error by the State appellate court. Prator alleged in his …
Disabled Prisoner Claim Not Actionable Under Federal Civil Rights Action by State prisoner Timothy Reaves filed a State court action alleging claims under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and the U.S. and Massachusetts Constitutions. Reaves is a quadriplegic with a brain injury suffered in a …
Article • May 15, 2007
No Unconstitutional Deprivation for County Jail Overcrowding by Daniel Sams, a prisoner sentenced to the West Virginia State Department of Corrections, and five other similarly-situated prisoners, filed a State court mandamus action to compel their transfer out of county jail to D.O.C. due to overcrowding. The State Supreme Court appointed …
Article • May 15, 2007
Seizure of Prisoner's Pretrial Discovery Materials Upheld by State prisoner David Savage filed a motion for relief from prosecutorial misconduct alleging Macon County Illinois jail officials confiscated discovery materials given to him by his counsel prior to trial. The confiscation was based upon advice from the State Attorney's Office that …
Article • May 15, 2007
Preemptive Prisoner Assault Not Justified As Self Defense by In an unpublished opinion by the California Court of Appeals, State prisoner Travis Thompson, an African-American, was denied a defense of preemptive assault upon a Hispanic prisoner, allegedly to prevent such an attack upon him. Thompson was found guilty of assault …
Prisoner Has No Right to Medication Accommodation by Bob Williams On de novo review, the Maine Supreme Court held that Jon Scott, a prisoner in Androscoggin County Jail, failed to establish actionable state court claims under the Maine Human Rights Act and Title II of the Americans with Disabilities Act …
Article • May 15, 2007
Filed under: Searches, Strip Searches
Final Settlement Approved In Indiana Strip Search Suit by On December 4, 2002, the U.S. District Court for the Southern District of Indiana granted final approval of a settlement agreement involving plaintiffs who were illegally strip-searched upon their imprisonment in the Floyd County Jail. The settlement included individual compensation, costs, …
Article • May 15, 2007
Federal Motions for Attorney Fees Must be Filed Within 14 Days of Disposition of Post-Trial Motions by Federal Motions for Attorney Fees Must be Filed Within 14 Days of Disposition of Post-Trial Motions Ronald Bailey prevailed in a negligence/excessive force suit against police in Riverside County, California after they removed …
Article • May 15, 2007
Filed under: Money/Property, Restitution
Federal Restitution Order Upheld by Different Sentencing Court by In 1993, a federal district court in North Carolina ordered Lauletto, Love to pay $50,000 in restitution following her conviction for credit card fraud. Several convictions later, a federal district court in Louisiana, as a parole condition, ordered her to pay …
Article • May 15, 2007
IL Guards' Single Instance of Indifference to Prisoner's Medical Needs Not Unconstitutional by IL Guards' Single Instance of Indifference to Prisoner's Medical Needs Not Unconstitutional In June of 1999 Norman Calhoun reported to begin serving a 120 day sentence in the jail for Kane County, Illinois. He had called the …
Article • May 15, 2007
IL Guards May Withhold Showers and Meals Until Prisoner Complies With Prison Rules by IL Guards May Withhold Showers and Meals Until Prisoner Complies With Prison Rules Harry Rodriguez, an Illinois state prisoner, refused to comply with a prison rule requiring prisoners to store certain of their property in a …
Article • May 15, 2007
Filed under: Classification, Parole
MO Prisoner's 1983 Action to Correct Parole Record Dismissed as Frivolous by John Quincy Adams, a Missouri state prisoner, was denied parole based on records stating that he was an alcoholic. He filed suit in a federal district court under 42 U.S.C. § 1983, seeking correction to his parole record …
NCDOC Discriminates Against Female Guards by In December of 1993, the United States filed suit against the North Carolina Department of Correction (NCDOC) in a federal district court. The suit alleged that the NCDOC was discriminating against women in terms of its promotion and hiring practices, in violation of U.S.C. …
Article • May 15, 2007
Filed under: Medical, Medical Expenses
NY Mental Patient Liable For Cost of Treatment Even Though She Is Without the Ability to Pay by NY Mental Patient Liable For Cost of Treatment Even Though She Is Without the Ability to Pay Patricia II was a patient at a state-run psychiatric center in 1997, for which a …
SD Prisoner's 1983 Action Dismissed for Not Moving to Add Parties Within the Allotted Time by SD Prisoner's 1983 Action Dismissed for Not Moving to Add Parties Within the Allotted Time On April 26, 2000 Gregory Kaubisch, a South Dakota prisoner, was beaten by his cellmate. George Kaubisch, as his …
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