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NY Sex Offender's Risk Level Three Classification Affirmed by John Laraby, a New York state parolee, was denied a risk level reduction by a New York state trial court at a rehearing in accordance with a ruling in another case. Laraby believed that, based on his exemplary parole record, his …
Total Exhaustion Rule Should Apply Separately to Each Plaintiff by The Tenth Circuit Court of Appeals has held that when multiple prisoners join in a civil rights complaint, but only one of those prisoners has exhausted administrative remedies on all of the claims asserted, it is error to dismiss the …
Sovereign Immunity Not Waived by Federal Extradition Act by The Eighth Circuit Court of Appeals has held that the Federal Extradition Act does not waive a state's sovereign immunity. This action was filed by St. Charles County, Missouri (County), seeking $5,421.86 from the State of Wisconsin for costs incurred for …
Article • May 15, 2007
Filed under: Sentencing
WA Plea Agreement Based on Incorrect Offender Score Vacated by In 2004, Shawn Wallwork, a Washington state prisoner, pled guilty to Theft and Unlawful Possession of a Firearm, pursuant to a plea agreement. He was sentenced to 87 months in prison in accordance with an agreed-to standard range of 87-116 …
Article • May 15, 2007
Filed under: Excessive Force, Restraints
Tight Handcuffs Suit Dismissed by The plaintiff's allegation that he sustained moon-shaped cuts from handcuffs that went unattended for days and, he was told, had caused nerve damage that would take time to regenerate did not support a deliberate indifference claim. Doctors he saw later made clear that there was …
Article • May 15, 2007
DC Circuit Awards Fees in CIA FOIA Suit by The Court of Appeals for the District of Columbia has held that the appellee in this case was a prevailing party in a lawsuit to enforce his request under the Freedom of Information Act (FOIA), and remanded to determine if he …
$2,000,000 Jury Verdict in Negligence Suit in Hospital for Failure to Protect by When a New York City police officer took an arrestee to St. Vincent's Hospital for treatment of superficial hear wounds, emergency room personnel instructed the officer to remove the arrestee's handcuffs because he would be considered a …
Article • May 15, 2007
$2,000,000 Settlement in California Excessive Force Prison Shooting by On August 28, 1993, while imprisoned at California's Chuckawalla Valley State Prison, Kenneth Newton, 37, found himself in the middle of a riot between African-American and Hispanic prisoners. Many grabbed weapons of opportunity including weights, brooms, sticks, mop handles, and other …
$2,350,000 Settlement in Florida Jail Prisoner's Restraint Chair Death by The prisoner in this case was 39 years old when he was arrested in Florida's Osceola County for aggravated assault with a firearm and discharge of a firearm in public. During the incident leading to his arrest, the prisoner was …
Article • May 15, 2007
$3,115,000 Settlement in Negligent Release of Paranoid Schizophrenic Prisoner by After being arrested by California's Glendale City police, the 36 year-old chronic paranoid schizophrenic in this case was taken to the LA County Jail. Glendale police had an official written policy that they will not hospitalize mentally ill persons arrested …
TN DNA Collection Statute Held Constitutional by Bruce Scarborough and Mack Transou, Tennessee state prisoners, are both convicted sex-offenders. Upon their admission to the state prison system both were asked to provide blood samples for DNA testing per Tenn. Code Ann. § 40-35-3231, et seq. (DNA Statute). Had they refused …
Article • May 15, 2007
TN Prisoner States Medical Malpractice Claim Re: Failure to Provide Remedial Surgery by Sheila Proffitt, a Tennessee state prisoner, had a cast put on her broken leg by Prison Health Services, Inc. (defendants). The cast was secured by two bolts, which orthopedic physicians later said should be removed to promote …
WA Sex-Offender Gets New Civil Commitment Trial With Court Appointed Witness by In 2000, John Anderson had been voluntarily committed to the Western State Hospital in Tacoma, Washington for ten years. He had a long history of sexual assaults and violent sexual fantasies. In 2000, the state filed civil commitment …
Article • May 15, 2007
WI Parole Board's Labeling Necrophiliac a Sex Offender Doesn't Violate the U.S. Constitution by WI Parole Board's Labeling Necrophiliac a Sex Offender Doesn't Violate the U.S. Constitution Richard Grennier, a Wisconsin state prisoner, killed a teenage hitchhiker and raped and mutilated her body in 1973. He's been in prison ever …
Article • May 15, 2007
WA Prisoners Who Assault Guards Knowing That They're Guards are Guilty of Custodial Assault by WA Prisoners Who Assault Guards Knowing That They're Guards are Guilty of Custodial Assault While incarcerated in the Spokane County Jail, Perry Ashelman splashed urine under his cell door onto Shaun Campbell's shoes and pants. …
No Immunity for Police in Tight Handcuffs Suit by Defendant police officers are not entitled to summary judgment on the plaintiff's claim of excessively tight handcuffing in light of evidence that the cuffs left a mark visible nearly two years later and continuing pain in the plaintiff's wrists; there is …
Article • May 15, 2007
State Court Habeas for Spinal Treatment Bars Federal Suit by The plaintiff, wheelchair-bound as a result of a gunshot wound, alleged that prison officials had failed to address his chronic pain and had rejected the advice of a specialist to implant a spinal cord stimulation (SCS) device. Another doctor later …
Jail Confiscation of Personal Bible Upheld by The plaintiff, on admission to jail, had his New International Version Bible confiscated per a policy that prohibits retention of personal reading materials. The jail implemented that policy "to curb fights over who owned what and to avoid compensation claims if the materials …
Article • May 15, 2007
Shackling Criminal Defendant Upheld by The petitioner's trial was not rendered unfair by his shackling, since he assaulted one of the prosecution witnesses when he left the witness stand in full view of the jury. His left hand was unshackled so he could take notes and assist counsel, and he …
Injunction in PA Re-Arrest Class Action Reversed by The Philadelphia DA has a practice of rearresting persons whose charges have been dismissed at a preliminary hearing without seeking a prior judicial determination of probable cause. The named plaintiff was rearrested on a new charge worded identically to the first one …
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