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Article • May 15, 2007
Chileans Allowed to Sue for Wrongful Death in U.S. 26 Years After Family Member was Slain by Chileans Allowed to Sue for Wrongful Death in U.S. 26 Years After Family Member was Slain In 1973, Armando Fernandez-Larios (Fernandez) was part of a Chilean military unit which murdered Winston Cabello a …
CT Guard Denied Sovereign Immunity for Harassing Prisoner by Anthony Torres, a Connecticut state prisoner, was repeatedly taunted, called a child molester and threatened with violence by a guard named John Zina at Connecticut's Northern Correctional Institute. When Warden Wayne Choinski wouldn't remedy the problem, Torres sued Zina and Choinski …
Article • May 15, 2007
Washington Court's Authority to Order Community Custody Limited by A Washington Appeals Court has held that an amended statute limits a trial court's ability to sentence criminal defendants to community custody in only specified offenses. The matter was on appeal after a Spokane County Superior Court denied a petition filed …
Actual Innocence Required in Washington Criminal Malpractice Actions by Actual Innocence Required in Washington Criminal Malpractice Actions In a 5-4 decision, the Washington Supreme Court held that plaintiffs suing criminal defense attorneys for legal malpractice must prove that they are innocent of the underlying criminal charge. Dr. Jessy Ang and …
California Prisoner Wins Ban on Dungeons and Dragons; Attorney Fees Awarded by Kevin Bruce, a California state prisoner won a lawsuit in federal district court challenging the constitutionality of Folsom Prison's ban on the possession of material associated with the game Dungeons and Dragons (D & D). As a result, …
Article • May 15, 2007
Pennsylvania Prisoner Not Required to File Grievance Before Suing Where Prison Regulations Preclude the Grievance by Pennsylvania Prisoner Not Required to File Grievance Before Suing Where Prison Regulations Preclude the Grievance Frederick Ray III, a Pennsylvania state prisoner, sued prison guards on several legal theories in federal district court under …
Article • May 15, 2007
Kansas Prisoner Not Allowed to Attend Disciplinary Hearing States Habeas Claim by Johnny Hoque , a Kansas state prisoner, was infracted for inciting a riot. Seven days before his hearing, he tore up the summons and refused to cooperate with the proceedings. He later indicated that he would cooperate, but …
Article • May 15, 2007
Nebraska Prisoner Not in Private Prison Denied Standing to Challenge State Private Prison Contracting Act by Nebraska Prisoner Not in Private Prison Denied Standing to Challenge State Private Prison Contracting Act Steven Jacob, a Nebraska state prisoner, filed a lawsuit in state court challenging the validity of the State Private …
Article • May 15, 2007
New Jersey Prison Doctors Pay Over $5k for Concealing Documents by Joseph Tarlton, a former New Jersey state prisoner, sued prisons and their medical staff for being deliberately indifferent to his medical needs while he was in prison. Two of the defendants, both prison doctors, lied about the existence of …
Article • May 15, 2007
TX Transsexual Prisoner's Lawsuit Seeking Hormone Therapy Dismissed by Joshua Praylor, a Texas state prisoner, sued the Texas Department of Criminal Justice (TDCJ) and several of its officials in federal district court after they denied his request for estrogen therapy and brassieres. He claimed, as a pre-op transsexual, that the …
Federal Prisoner's Retaliation and Pain Suit Reinstated by John Dasta, a federal prisoner in Minnesota, sued prison administrators and a guard in federal district court, claiming they were deliberately indifferent to his painful back condition, and that they retaliated against him for filing grievances, in violation of the 8th Amendment …
Article • May 15, 2007
Dead Illinois Prisoner's Representative Filed Suit Too Late by Michael Shannon, an Illinois state prisoner, learned that he had stomach cancer on December 22, 1997. He knew then that an earlier diagnosis of cirrhosis of the liver was incorrect, and that he was suffering injury as a result. He later …
CA Officials Immune from False Arrest Suits by In June of 2002, Lenin Perez-Torres was arrested by federal agents and taken to the Los Angeles County Jail for parole violations. Unfortunately he was the wrong man. After 25 days jailers caught the mistake and released him. He joined a federal …
Article • May 15, 2007
Filed under: Medical, Kidney
CA Prisoner's Allegation of Several Months Delay in Treating His Kidney Stones States 8th Amendment by CA Prisoner's Allegation of Several Months Delay in Treating His Kidney Stones States 8th Amendment Claim Juan Portillo, a California state prisoner, was for several months denied pain medication and treatment for kidney stones …
Ex California Female Guards Subjected to Sexual Harassment, Retaliation by Edna Miller and Frances Mackey (plaintiffs), former California Department of Corrections (DOC) guards, were forced to work in a sexually hostile environment at the Valley State Prison for Women due to sexual relationships between the warden, Lewis Kuykendall, and several …
Florida Sexual Predators Act Upheld by Everett Milks, a Florida sex offender, challenged Florida's Sexual Predators Act (Act) in Florida's Second District Court of Appeals (2nd Dist.). He claimed the Act's requirement that he register as a sex offender without a hearing to decide if he was dangerous violated his …
Article • May 15, 2007
MN Prison Medical Consent Decree Still Active by In 1977 the U.S. District Court for the District of Minnesota issued a consent decree setting guidelines for the medical care provided to Minnesota state prisoners. In 2002, in response to the prisoners' pro se contempt motions, the State Department of Corrections …
Article • May 15, 2007
Missouri DNA Profiling Program Expanded by In July of 2000, John Clevenger, a Missouri state prisoner serving time for attempted murder, was directed to provide a blood sample for DNA profiling. He complied. Later, he learned that MO. Rev. Stat. § 650.055 allowed the taking of blood only from violent …
Article • May 15, 2007
Missouri Mental Health Records Must Be Disclosed by The Missouri Protection and Advocacy Services (MOPAS) requested medical peer review reports from Missouri Department of Mental Health Director Dorn Schuffman following a patient's death. Missouri law rendered the report confidential, but the federal Protection and Advocacy for Mentally Ill Individuals Act …
Article • May 15, 2007
NY Public Defenders' Pay Kept Low by Leonard Levenson and the other defendants in this case were New York criminal defense lawyers taking cases on appointment. 22 NYCRR § 722-b capped their fee at $800 for misdemeanors and $1,200 for felonies. But in extraordinary cases, trial courts could award more. …
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