Eighth Circuit Reverses Summary Judgment Dismissal of Excessive Force Claims by The Eighth Circuit Court of Appeals reversed a lower court?s grant of summary judgment to jail officials on a detainee?s excessive force claim. Patti Johnson and her sisters Laura Johnson, Stacey Hall and Karen Mitchell were all confined in …
Eighth Circuit Reverses Dismissal on Wrong Medication Claims by The Eighth Circuit Court of Appeals reversed a lower court?s grant of summary judgment to prison officials, related to erroneous administration of another prisoner?s psychotropic medication. On January 26, 2004, Nurse Assistant Lorna Bell mistakenly required Missouri prisoner James Spann to …
Erroneous Jury Instruction Nets Raped Missouri Prisoner New Civil Trial by The Eighth Circuit Court of Appeals reversed a jury verdict against a prisoner-plaintiff, finding that the lower court erred in responding to a jury question during deliberations. Missouri Department of Corrections (MDOC) prisoner Ronnie Conley was raped repeatedly by …
Retroactive Application of Missouri Sex Offender Registration Law Banned by Missouri's Supreme Court has held that the state's "Megan's Law" cannot be retroactively applied to persons convicted prior to January 1, 1995. The ruling affects about half of the people previously required to register as sex offenders, but allows information …
$30,000 Settlement For Woman Raped By Missouri Jail Prisoner by In May, 2006, Jefferson County, Missouri, settled a federal civil rights lawsuit brought by a female prisoner who was allegedly raped by a male prisoner a guard placed in her cell. Tracy Mundy, 24, a former Jefferson County Jail prisoner, …
Missouri Legislature Allows Wrongfully Convicted to Receive Compensation by The Missouri Legislature has enacted legislation to compensate all persons declared "actually innocent" after DNA testing. In the last 15 years, five such prisoners in Missouri were released after being exonerated by DNA testing. The latest action by that legislature sought …
Washington v. Denney, MO, Complaint, Smoking, 2007 j IN THE UNITED STATE DISTICT COURT EASTERD OF MISSOURI MR. ECCLESIASTICAL DENZEL WASHINGTON S. vs. 01--tf /IJ1 GOVENOR MATT BLUNT CASE NO. --(V-{ --SOW QUESTION JURY TRIAL DEMEND DEFENDANT LARRY CRAWFORD DEFENDANT DAVE DORMINE DEFENDANT WENDELL ENLOE DEFENDANT JAY CASSADY DEFENDANT BRAD …
Michigan Prisons: Another CMS Failure in Privatized Prisoner Health Care by David Reutter by David M. Reutter Another state prison system that subjected itself to the experiment of privatized medical services has learned the same hard lesson suffered by other states: a trail of inadequate care that leaves prisoners dead …
Eighth Circuit Upholds Seizure of Incoming Mail Without Notice by The Eighth Circuit Court of Appeals held that a Missouri prisoner failed to allege an adequate procedural due process claim with respect to the seizure of his incoming mail without notice, stating: "although the failure to promptly notify [the prisoner] …
Eighth Circuit Upholds Outgoing Mail Ban by The Eighth Circuit Court of Appeals upheld a Missouri prison policy authorizing an outgoing mail restriction on mail addressed to parties who have indicated that they do not wish to receive mail from a prisoner. Following Finney v. Arkansas Bd. of Corrections, 505 …
Dismissal of Federal Habeas Claim Over Living Conditions Reversed by The U.S. Supreme Court reversed and remanded the dismissal of prisoners' habeas corpus action challenging their living conditions. Missouri state prisoners confined in maximum security brought state habeas corpus action challenging living conditions but did not seek release. The action …
Adequate Facts Must be Stated in 1983 Legal Mail Claim by The Eighth Circuit Court of Appeals affirmed a District Court's order dismissing a Missouri prisoner's 42.U.S.C §1983 action alleging retaliation and requiring him to open legal mail in front of prison officials, and the grant of summary judgment on …
Excessive Account Deductions May State First Amendment Claim by The U.S. Eighth Circuit Court of Appeals partly reversed dismissal of a Missouri prisoner's civil rights complaint alleging that a prison official was retaliating against him for filing lawsuits by deducting excessive amounts of money from his prison account. George Brown, …
Federal District Court Orders Missouri's Platte County Jail Closed by The United States District Court for the Western District of Missouri ordered the Platte County Jail closed due to substandard conditions. Platte County jail prisoners filed suit under 42 U.S.C. §1983 against the jail, claiming violations of the Eighth Amendment's …
FTCA Claim Barred by Statute of Limitations by The U.S. Court of Appeals for the Eighth Circuit held that the continuing treatment doctrine did not toll the statute of limitations period for filing a medical negligence claim. While in federal custody in January 1997, Steven McCoy had his left leg …
No Per Se Application of Fugitive From Justice Rule by The U.S. Court of Appeals for the Eighth Circuit held that the "fugitive from justice rule" should not be applied in a per se manner in civil cases. James Perko, a Missouri state prisoner, brought a § 1983 action against …
Notice Required When Motion to Dismiss Treated as Motion for Summary Judgment by Notice Required When Motion to Dismiss Treated as Motion for Summary Judgment The Eighth Circuit Court of Appeals held a district court must give notice to a party of its intent to treat a motion to dismiss …
Order Closing Missouri's Platte County Jail Affirmed on Appeal by The United States Court of Appeals for the Eighth Circuit affirmed a federal district court's order closing the Platte County Jail. Platte County Jail prisoners brought an action against the jail for violation of their Eighth Amendment right against cruel …
Muslim Literature Bar Reversed, Medal Ban Upheld by The Eighth Circuit Court of Appeals has held that denying prisoners access to a newspaper entitled Muhammad Speaks" was violative of the First Amendment, but it was within prison officials' discretion to impose restrictions on medals worn around the neck. This action …
City Officials Not Immune From Liability by The U.S. Supreme Court has ruled that neither a municipality nor its officers acting in their official capacity are immune from liability under 42 U.S.C. § 1983. Responding to information uncovered in an investigation, the Independence, MO city council recommended the information be …
