Smith v. Jones, IN, Plaintiff's Combined Response in Opposition to Defendant's MSJ, No Knock Search, 2006 Case 1:04-cv-01423-LJM-VSS Document 113-2 Filed 09/16/2006 Page 1 of 87 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION RICHARD SMITH, Plaintiff, v. DETECTIVE LARRY JONES, individually, DETECTIVE TRAVIS CLINE, individually; and THE …
Seventh Circuit Reinstates $100,000 Award In Indiana Failure-To-Protect Suit by Michael Rigby The U.S. Seventh Circuit Court of Appeals has reinstated a prisoners $100,000 award against two Indiana prison employees, overturning a district courts reversal of the jury verdict. On September 9, 1998, Robert Pierson, 51, was attacked by fellow …
$40,000 Default Judgment Reversed for Determination of Service of Process Validity by In a case of unusual circumstances, the Seventh Circuit Court of Appeals has reversed a default judgment of $40,000 in favor of a prisoner against a prison nurse for failure to serve process, but ordered the district court …
$150,000 Paid to Indiana Juvenile Jail Detainee for Sexual Assault by Following an Indiana federal district courts denial of summary judgment to the Marion County Sheriff, the Sheriff settled the matter by giving $150,000 to a pretrial juvenile detainee that was raped in the Marion County Jail (MCJ). Seventeen-year-old Ryan …
Indiana v. Marion County, IN, Plf Supp of Mot for SJ, Phone Rates, 2006 STATE OF INDIANA SS: COUNTY OF MARION Chanelle Linet Alexander, et al., Plaintiffs, vs. The Marion County Sheriff; The Indiana Department Of Administration; and, The State of Indiana, Defendants ) ) ) ) ) ) ) …
Dismissal of Bivens Action for Non-Exhaustion Reversed by The Seventh Circuit Court of Appeals vacated a lower courts grant of summary judgment against a federal prisoner for failing to exhaust administrative remedies. Federal Bureau of Prisons (BOP) prisoner Curtis Dale was stabbed seven times by other prisoners on the recreation …
Indiana State Courts Have Jurisdiction In Prisoner Phone Contract Case by Bob Williams In a suit challenging excessive collect call rates charged to prisoners' families, friends and attorneys, the Indiana Court of Appeals has reversed a lower court's dismissal for lack of subject matter jurisdiction. Chanelle Alexander and others (the …
Court May Infer Deliberate Indifference from Obviousness of Risk by The Seventh Circuit Court of Appeals vacated a district court's grant of summary judgment to prison officials in a prisoner's claim that officials were deliberately indifferent to his safety when they had him strip insulation from a live 480-volt wire …
Seventh Circuit Upholds $56.5 Million Jail Murder Verdict by The Seventh Circuit Court of Appeals upheld a $56.5 million jury verdict against former jail guards who murdered a pretrial detainee. This is the largest verdict for abuses against a single victim in an American jail/prison case that we are aware …
Seventh Circuit Upholds Indiana Sex Offender's Banishment From City Parks by In a decision that further restricts the already limited movement of sex offenders, the en banc U.S. Seventh Circuit Court of Appeals has held that banning a convicted child molester from all public parks in the City of Lafayette, …
Exculpatory Evidence Must Be Disclosed at Prison Disciplinary Hearing by David Reutter Exculpatory Evidence Must be Disclosed at Prison Disciplinary Hearing by David M. Reutter The Seventh Circuit Court of Appeals has held that a prisoner is entitled to receive exculpatory evidence in a prison disciplinary hearing when a liberty …
Indiana Jail Held in Contempt, Sanctions Imposed by An Indiana federal district court held that the sheriff of Marion County was in contempt of court for failing to comply with the court's previous orders relating to conditions at the County's jail. While the court held that punitive sanctions would not …
Pro Se Indiana Prisoner Awarded $100,000 in Failure to Protect Suit by On May 21, 2002, an Indiana federal district court held that state prisoner Robert Pierson was entitled to $100,000 in compensatory damages because prison officials failed to protect him from assault by another prisoner. Pierson, 51, arrived at …
Indiana Appeals Court Allows Prisoner to Sue to Receive Pornography by The Court of Appeals of Indiana, partly reversing the Marion Superior Court, held that an Indiana Department of Corrections (DOC) prisoner can sue the DOC for its refusal to let him receive pornographic material. Jerry Montgomery is a DOC …
$475,000 Settlement for Wrongly Convicted Indiana Ex-Con by $475,000 Settlement for Wrongly Convicted Indiana Ex-Con On March 5, 2003, Jerry Watkins settled his wrongful conviction lawsuit against the Hancock County sheriff's department inIndianapolis and the Indianapolis police department. Watkins was convicted of murdering his 11 year old sister in law …
Seventh Circuit Remands § 1983 Medical Negligence Suit to State Court by Seventh Circuit Remands § 1983 Medical Negligence Suit to State Court The Seventh Circuit U.S. Court of Appeals remanded a prisoner's respondent superior (supervisory) medical negligence claim to the Indiana state courts, because although the claim was not …
Successive Petition Habeas Rule in Parole and Disciplinary Cases by Successive Petition Habeas Rule in Parole and Disciplinary Cases The Seventh and Ninth U.S. Circuit Courts of Appeal, in unrelated cases, have construed and applied the "second or successive petition" rule of 28 U.S.C. § 2244(b). The rule requires that …
Seventh Circuit Reverses BOP's Denial of Death Row Prisoner's Interviews by The Seventh Circuit Court of Appeals has reversed an Indiana Federal District Court's dismissal of a Bureau of Prisons (BOP) prisoner's complaint that he was unconstitutionally denied media interviews. David Paul Hammer is a BOP prisoner in the Federal …
Expert Witness Standard in RLUIPA Gang Case by The United States District Court for the Southern District of New York has denied in part and granted in part summary judgment to New York's Department of Correctional Services (DOCS), in a case involving the beliefs, practices, and literature of the Nations …
Disciplinary Boards are not "State Courts" Under AEDPA by Disciplinary Boards are not "State Courts" Under AEDPA The Seventh Circuit Court of Appeals held that prison disciplinary boards are not "state courts" for purposes of 28 U.S.C. § 2254(e)(1). As such, "the state may not benefit from § 2254 (e) …
