$1,000,000 Award for Attorney’s Failure to Prosecute Prisoner’s Lawsuit by $1,000,000 Award for Attorney's Failure to Prosecute Prisoner's Lawsuit On January 4, 2006, a Boston Superior Court awarded a $1,000,000 judgment against an attorney for failing to prosecute a lawsuit on behalf of a prisoner at Massachusetts' Suffolk House of …
Limone v. USA, MA, Order, Damages for Wrongful Convictions by FBI, 2007 Case 1:02-cv-10890-NG Document 565 Filed 07/26/2007 Page 1 of 228 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS PETER J. LIMONE, et al., Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) Civ. Action No. …
$13,655,940 Award For False Massachusetts Rape Conviction by Matthew Clarke by Matthew T. Clarke On October 4, 2006, a federal court in Massachusetts awarded $13,655,940 to a man falsely convicted of rape. Eric Sarsfield was living in Marlborough, Massachusetts in July 1987 when Ms. Toni Gustus was raped in the …
Massachussetts Pre-Trial Detainee Injured While Housed With Convicted Felons States Colorable Claim by William Smith, a pre-trial detainee in Berkshire County, Massachusetts was housed in a section of the jail where only those convicted of felonies were supposed to be kept, in violation of G.L. c. 127, Sec. 22. He …
Massachusetts Good Time Deducted From Parole Eligibility Date by The Supreme Judicial Court of Massachusetts held that good conduct time for state prisoners must be deducted from their parole eligibility date (calculated as a fraction of the minimum sentence imposed by the judge) and deference was not to be given …
Massachusetts Prisoner Awarded $3000 for Destroyed Mail by A federal district court in Massachusetts held that a guard violated the First Amendment by destroying two letters addressed to a segregated prisoner. The prisoner brought a § 1983 lawsuit challenging the mailroom's action. The United States District Court agreed with the …
First Circuit: Win on Plaintiff's Core Claims Merits Attorney Fees by On December 19, 2003 the U.S.. First Circuit Court of Appeals held that a plaintiff who prevailed on his core claims against a Massachusetts police officer was entitled to attorney fees. Plaintiff Phaly Poy, 24, claimed that while at …
Massachusetts: Fact Issues Regarding Gender-Based Punitive Segregation Preclude Summary Judgment by Massachusetts: Fact Issues Regarding Gender-Based Punitive Segregation Preclude Summary Judgment In this case brought by a state prisoner challenging the application of rules governing the Department Disciplinary Unit (DDU), the Appeals Court of Massachusetts held that material fact issues …
Massachusetts Arrestee Subjected to Unjustified Force by The U.S. District Court of Massachusetts determined that a cooperative arestee, who informed Barnstable police officers of shoulder injury, was the subject of unjustified force which precluded summary judgment. Michelle Aceto was arrested at her home for a thirteen year old traffic ticket. …
Massachusetts Prisoner Files Law Suit For Being Beaten By Prison Guards by The United States District Court, District of Massachusetts, denied in part and granted in part a motion to dismiss a prisoner's law suit, for being beaten by prison guards. Wilfred H. Evicci, a prisoner who was housed at …
Retaliation for Prisoner's Complaint is Unconstitutional by The Appeals courts of Massachusetts ruled that retaliation against a prisoner for complaining of prison conditions is unconstitutional and violates the First Amendment guarantee of free speech, provided the prisoner proves the prison officials acted as a result of his complaint. A MA …
MA Mental Health Patient Wins Over $1.5 M for Beating by Hospital Staff by On August 12, 1993, Jason Davis, a Massachusetts state mental health patient at the Westborough State Hospital left without permission and drank an undisclosed amount of alcohol. He was found later that day and returned to …
Sex Offender Treatment Records Not Subject to Discovery by The plaintiff was raped in a McDonald's parking lot and sued the company. The rapist is now in prison and receiving mental health treatment, and the victim is seeking his prison mental health records. Under state law (the case being a …
Attorney Misconduct at Depositions by Defense counsel engaged in misconduct at depositions by improperly "interpreting" questions for the witnesses, coaching them as to how to answer, engaging in lengthy speaking objections and colloquies, conferred with his witnesses during questioning, and left the room with a deponent while questions were pending. …
Seven Hour Deposition Limit by Defendants moved to depose the plaintiff for 14 hours over two days rather than seven hours in one day as contemplated by amended Rule 30(d)(2), Fed.R.Civ.P. At 24: "However, the better practice is for the deposition to go forward to determine how much is able …
First Circuit Dismisses Massachusetts Detainee's Challenge of Government Imposed SAMS by First Circuit Dismisses Massachusetts Detainee's Challenge of Government Imposed SAMS On May 27, 2004, the U.S. Court of Appeals for the First Circuit dismissed as moot an appeal by alleged domestic terrorist Richard Reid challenging a district court's unfavorable …
Gay Massachusetts Jailer Awarded $623,600 For Hostile Work Environment by On June 30, 2003, a jury in an unknown Massachusetts court awarded $623,600 to a jailer at the Suffolk County House of Corrections who claimed he suffered harassment due to his sexual orientation. The male plaintiff claimed that in late …
Al Qaida Prisoners Time Magazine Censorship Upheld by Here is a paradigm case, indeed a poster child, of the judicial avoidance of uncomfortable issues. The criminal defendant, the famous "shoe bomber," residing in the Florence, Arizona maximum security prison, complained of Special Administrative Measures (SAMs) denying him incoming mail determined …
FRCP 4 (e) Governs Service on Prison, Jail Employees by The prisoner's complaint was dismissed for failure to serve process, and the district court denied the plaintiff's Rule 60(b) motion to vacate the dismissal on the ground that he had too served process, he had just failed to file proof …
Qualified Immunity Reversed on Massachusetts Chemical Toilet Claim by The Massachusetts Court of Appeals has reversed a grant of qualified immunity to a prison warden concerning his failure to provide flush toilets to prisoners. As PLN has reported extensively, for years prisoners at the Southeastern Correctional Center (SECC) in Massachusetts …
