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Article • May 15, 2007
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 …
Article • May 15, 2007
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Sixth Circuit Dismisses Tennessee Jail Officials' Qualified Immunity Request by In an unpublished opinion dated October 20, 2004, the Sixth U.S. Circuit Court of Appeals dismissed for lack of jurisdiction an interlocutory appeal challenging a district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 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 …
Article • May 15, 2007
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 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 …
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 …
$450,000 Award Against CMS, County In Death of Illinois Jail Prisoner by On May 16, 2002, a jury found Correctional Medical Services (CMS) of Illinois and Kane County liable for the death of Ethel Hare--a prisoner with chronic liver disease, hepatitis, and HIV--and awarded her estate $450,000. While imprisoned in …
Article • May 15, 2007
Cook County, Illinois, Settles Wrongful Death Claim for $550,000 by On September 5, 2003, Cook County, Illinois, agreed to pay $550,000 to the estate of a man who was apparently beaten to death by three jailers at theCook County Jail. Louis Schmude, 40, was arrested in May 2000 for violating a …
Illinois Jail Prisoner Beaten By Gang Members Awarded $775,000 by On July 24, 2003, a federal jury in Chicago, Illinois, awarded $775,000 to a man who was beaten by gang members while imprisoned in the Cook County Jail. Plaintiff Stanley Jones, 57, claimed that on March 7, 1999, CCJ jailers …
No Liberty Interest in Washington Extended Family Visits by The Washington Supreme Court held that prisoners have no constitutionally protected liberty interest in the DOC's extended family visiting (EFV) program. The court also held that prison officials have broad discretion to approve or deny a prisoner's participation in the EFV …
Article • May 15, 2007
Wisconsin Prisoner Starved As Punishment Awarded $1.25 Million by Michael Rigby On November 30, 2004, federal jurors in Wisconsin awarded $1.25 million to a state prisoner who was denied hundreds of meals over a 3 to 4-year period. Berrell Freeman, a prisoner serving 58 years for murder, was imprisoned in …
Article • May 15, 2007
Woman Raped In Texas Jail Reaches Confidential Settlement by On March 21, 2000, a woman who was raped in the City of Donna Jail reached a confidential settlement with the City. The woman, who had been jailed overnight for public intoxication, was raped by a police officer. In her lawsuit, …
Article • May 15, 2007
Private Vendor Must Comply With Florida's Public Records Act by Florida's Second District Court of Appeal has affirmed an order of a Polk County Circuit Court that held Prison Health Services (PHS) must comply with Florida's Public Records Act. The Lakeland Ledger Publishing Company sought records pertaining to a settlement …
Article • May 15, 2007
Filed under: Visiting
Sixth Circuit Remands Bazetta, Yet Again by In an unpublished ruling, the Sixth Circuit Court of Appeals refused to peremptorily reverse two post-judgment orders entered by a Michigan district court in a prisoner class action civil rights case challenging certain Michigan prison visitation regulations. Prison officials argued that those orders, …
Article • May 15, 2007
Illinois Man Awarded $750,000 for 15 Days Wrongful Imprisonment by On November 25, 2003, a federal jury in Chicago, Illinois, awarded $750,000 to a man who was wrongfully imprisoned for 15 days in the Cook County Jail. Emillano Hernandez was pulled over on June 19, 1999, for allegedly failing to …
Article • May 15, 2007
Commercial Speech Protection Extends to Sender & Recipient by The United States Supreme Court held in a Virginia case that First Amendment protections related to commercial speech are enjoyed by both the advertisers who seek to disseminate information and the intended recipients of that information, stating: If there is a …
Dismissal for Want of Jurisdiction is Judgment With Prejudice in Texas by Matthew Clarke by Matthew T. Clarke On May 28, 2004, the Supreme Court of Texas held that a dismissal of a suit against a governmental entity for want of jurisdiction under the Texas Tort Claims Act is a …
Article • May 15, 2007
Unsentenced Convicted Prisoners Subjected to Sandin v. Conner by The Fifth Circuit court of appeals held that prisoners, who have been convicted, but not yet sentenced, are to be treated the same as sentenced prisoners with regards to their entitlement to due process under Sandin v. Conner. Terry D. Tilmon, …
Article • May 15, 2007
Ohio Prisoner Awarded $90.50 For Lost Property, Filing Fee by On August 19, 2004, the Ohio Court Of Claims awarded $90.50--to be paid by the Ohio Department of Rehabilitation and Correction (DRC)--to a state prisoner whose property was confiscated and then lost by DRC personnel. Mark Wooden, a prisoner at …
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