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Discretionary Immunity Dismissal of Ohio Prisoner’s Negligence Claims Reversed

Article • February 15, 2014 • from PLN February, 2014

Filed under: Medical, Injury -- Misc., Sovereign Immunity

Discretionary Immunity Dismissal of Ohio Prisoner’s Negligence Claims Reversed by On March 12, 2013, the Ohio Court of Appeals overturned an earlier discretionary immunity decision and reversed a lower court’s dismissal of a prisoner’s negligence claims on the basis of discretionary immunity. Ohio Department of Rehabilitation and Correction (ODRC) prisoner …

A Prisoner's Salute to Bobby Sands

Article • February 15, 2014

Filed under: Organizing, Hunger Strikes

A Prisoner's Salute to Bobby Sands by The Irish Hunger Striker Who Ignited a Generation A Prisoner's Salute to Bobby Sands by DENIS O'HEARN I attended a birthday party last week. It was in Ohio State Penitentiary, on the 60th birthday of Bobby Sands, the Irish political prisoner who died …

Doan v. OH DOC, OH, Complaint, inmate dog bite, 2014

Brief • February 3, 2014

Filed under: Dogs

Doan v. OH DOC, OH, Complaint, inmate dog bite, 2014 f-1 LE [~; CCURT OF CLA.i:--:~ OF OHIO 2011; FEB -3 tJliO: 56 IN THE COURT OF CLAIMS OF OHIO VINCENT DOAN Madison Correctional Institution P.O. Box 740 London, Oh 43140 CASEN2 0 14 - 0 0 0 8 3 …

Res Judicata Doesn't Bar Ohio Post-release Control Challenge

Article • January 15, 2014 • from PLN January, 2014

Filed under: Escapes, Res Judicata, Sentencing

Res Judicata Doesn't Bar Ohio Post-release Control Challenge by The Ohio Supreme Court has held that “when a criminal defendant is improperly sentenced to post-release control, res judicata does not bar the defendant from collaterally attacking his conviction for escape due to an earlier post-release-control sentencing error.” In 1998, Donald …

Craft v. Robinson, OH, Complaint, Death Row Suicide, 2014

Brief • January 15, 2014

Filed under: Eighth Amendment, Death Row, Failure to Protect (Wrongful Death), Suicides

Craft v. Robinson, OH, Complaint, Death Row Suicide, 2014 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION LISA CRAFT, individually and as Administratrix of the Estate of BILLY SLAGLE, 7015 Westlake Ave. Parma, OH 44129 CASE NO. JUDGE And CASEY LOPEZ 2129 West 83rd Street Cleveland, OH, 44102 …

Marcum v. Scioto Co., OH, R&R, Wrongful Death Asthma Attack, 2013

Brief • November 21, 2013

Filed under: Respiratory, Medical Neglect/Malpractice

Marcum v. Scioto Co., OH, R&R, Wrongful Death Asthma Attack, 2013 Case: 1:10-cv-00790-HJW-KLL Doc #: 125 Filed: 11/21/13 Page: 1 of 54 PAGEID #: 3335 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CANDY MARCUM, Plaintiff, vs. SCIOTO COUNTY, OHIO, et al., Defendants. Case No. 1:10-cv-790 Weber, J. …

Marcum v. Scioto County, OH, Report and Recommendation, jail wrongful death asthma, 2013

Brief • November 21, 2013

Filed under: Respiratory, Jail Specific, Medical Neglect/Malpractice

Marcum v. Scioto County, OH, Report and Recommendation, jail wrongful death asthma, 2013 Case: 1:10-cv-00790-HJW-KLL Doc #: 125 Filed: 11/21/13 Page: 1 of 54 PAGEID #: 3335 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CANDY MARCUM, Plaintiff, vs. SCIOTO COUNTY, OHIO, et al., Defendants. Case No. 1:10-cv-790 …

Five Prisoner Deaths in Eighteen Months at Small Ohio Jail

Article • October 15, 2013 • from PLN October, 2013

Filed under: Guard Misconduct, Jail Misconduct, Medical, Seizures, Drug/Alcohol Withdrawal, Stun Guns/Tasers, Suicides

Five Prisoner Deaths in Eighteen Months at Small Ohio Jail by Matthew Clarke by Matt Clarke The deaths of five prisoners in 18 months might pass without notice in a large jail system, but that many deaths at the 270-bed Portage County jail, located about 30 miles southeast of Cleveland, …

Williams v. City of Cleveland, OH, SJ Order for Dfts, Blanket Strip Search and Delousing Policy, 2013

Brief • September 30, 2013

Filed under: Strip Searches, Arrestee Searches

Williams v. City of Cleveland, OH, SJ Order for Dfts, Blanket Strip Search and Delousing Policy, 2013 Case: 1:09-cv-02991-BYP Doc #: 79 Filed: 09/30/13 1 of 13. PageID #: 700 2D 13 $EP 30 Pi: :.: '=-,:~ PEARSON,J. !~ .;" [lrr',.·F" . . ·• . . :-:-,,:,>. ;:\1 i:~,1 CuUt'I'r …

Sand v. Lorain County, OH, Settlement, Jail Beating, 2013

Brief • September 25, 2013

Filed under: Guard Brutality/Beatings

Sand v. Lorain County, OH, Settlement, Jail Beating, 2013 RELEASE OF ALL CLAIMS AND DEMANDS This Release and Settlement Agreement entered into this 'J_ 5 day of September, 2013 by and between Jordan Sand (hereinafter "Plaintiff") and Lorain County, Phil R. Stammitti and Marlon Taylor (hereinafter "Releasees") is to evidence …

Sand v. Lorain County et al, OH, Settlement Agreement, jail beating, 2013

Brief • September 25, 2013

Filed under: Guard Misconduct, Failure to Protect (General), Jail Specific, Guard Brutality/Beatings

Sand v. Lorain County et al, OH, Settlement Agreement, jail beating, 2013 RELEASE OF ALL CLAIMS AND DEMANDS This Release and Settlement Agreement entered into this 'J_ 5 day of September, 2013 by and between Jordan Sand (hereinafter "Plaintiff") and Lorain County, Phil R. Stammitti and Marlon Taylor (hereinafter "Releasees") …

Sand v. Lorain County, OH, Complaint, Jail Beating, 2013

Brief • August 28, 2013

Filed under: Guard Brutality/Beatings

Sand v. Lorain County, OH, Complaint, Jail Beating, 2013 Case: 1:13-cv-01894-DAP Doc #: 1-1 Filed: 08/28/13 1 of 8. PageID #: 4 FILED . r 0UHTl r 1o~\J-...~.~ •\ 1 L! 1Ll v- 10 \) JUL 2b p 2: 23 CLERr. OF CO~W;ON PLEAS oo\· 1\ I I. \ ,,~.;~,'\1(0\\'SK\ …

Sexual Harassment and Retaliatory Termination Nets $275,000

Article • August 15, 2013

Filed under: Sexual Harassment, Staff-Staff Harassment, Employee Litigation

Sexual Harassment and Retaliatory Termination Nets $275,000 by A female Ohio jail guard was awarded $275,000 for sexual harassment and wrongful, retaliatory termination. Michelle Hendricks began working as a jail guard for the Clermont County Sheriff’s Office in 1998. In January, 2002, a coworker handcuffed her to a chair in …

Piskura v. Taser International, Inc., OH, Order on Admissibility of Expert Reports, Taser Death, 2013

Brief • July 31, 2013

Filed under: Contractor Misconduct, Wrongful Death, Police--Excessive Force

Piskura v. Taser International, Inc., OH, Order on Admissibility of Expert Reports, Taser Death, 2013 Case: 1:10-cv-00248-HJW-KLL Doc #: 182 Filed: 07/31/13 Page: 1 of 29 PAGEID #: 5400 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION MARY PISKURA, et al, Plaintiffs v. Case No. 1:10-cv-248-HJW TASER INTERNATIONAL, …

Taser Committee Report Hamilton County Ohio Chiefs of Police 2013

Publication • June 28, 2013

Filed under: Stun Guns/Tasers, Police Department Manuals

Taser Committee Report Hamilton County Ohio Chiefs of Police 2013 Committee Findings for CEWs: A REPORT TO PROVIDE ASSISTANCE WITH THE DEVELOPMENT AND CREATION OF POLICIES AND PROCEDURES FOR THE IMPLEMENTATION OF CONDUCTED ELECTRICAL WEAPONS WITHIN A LAW ENFORCEMENT ORGANIZATION November 6, 2013 COMMITTEE MEMBERS Committee Members Joe Boyatt, Lieutenant …

Lashaway et al v. D'Antonio III et al, OH, Amended Complaint, mugshot removal fees, 2013

Brief • June 9, 2013

Filed under: Misconduct/Corruption, Arrest and Booking, Disclosure of Records, Public Records, First Amendment

Lashaway et al v. D'Antonio III et al, OH, Amended Complaint, mugshot removal fees, 2013 Case: 3:13-cv-01733-JZ Doc #: 4 Filed: 08/09/13 1 of 18. PageID #: 131 Case: 3:13-cv-01733-JZ Doc #: 4 Filed: 08/09/13 2 of 18. PageID #: 132 Case: 3:13-cv-01733-JZ Doc #: 4 Filed: 08/09/13 3 of …

The Financial Realities of Ohio's Pay-to-Stay Jail Policy ACLU 2013

Publication • June 1, 2013

Filed under: Money/Property, Seizure of Prisoner Funds

The Financial Realities of Ohio's Pay-to-Stay Jail Policy ACLU 2013 Adding It Up The Financial Realities of Ohio’s Pay-to-Stay Jail Policies Introduction The United States is the largest incarcerator in the world, and Ohio ranks eighth in terms of prison population size.1 Many of the individuals incarcerated are low-level, nonviolent …

Perry Township OH TASER Policy 2013

Publication • 2013

Filed under: Stun Guns/Tasers, Police Department Manuals

Perry Township OH TASER Policy 2013 PERRY TOWNSHIP 2013 TASER POLICY D. PROCEDURES FOR DEPLOYING THE TASER Neuro - Muscular Incapacitation Device (X-26 Taser): Consistent with the Perry Township Police Department’s policy of using an action response continuum the Taser may be used as an intermediate weapon. The Taser can …

Muslim Prisoners Challenge Ohio’s Denial of Halal Meals; Pork Producers Protest

Article • May 15, 2013 • from PLN May, 2013

Filed under: Federal Statutory Law, RLUIPA, Death Row, Religious Diet

Muslim Prisoners Challenge Ohio’s Denial of Halal Meals; Pork Producers Protest by Joe Watson In 2011, Abdul-Hamead Awkal, II, 52, and Cornelius Causey, 35, both Muslim prisoners, filed separate lawsuits against the Ohio Department of Rehabilitation and Correction (ODRC), arguing that the ODRC’s refusal to provide halal meals infringed on …

Additional Attorney's Fees Allowed in Ohio Voter-Registration Suit

Article • May 15, 2013

Filed under: Attorneys, Attorney Fee Awards

Additional Attorney's Fees Allowed in Ohio Voter-Registration Suit by Derek Gilna The Northeast Ohio Coalition for the Homeless (NEOCH) instituted a 42 U.S.C. Section 1983 case challenging the 2006 Voter ID law, which resulted in consent orders in 2006 and 2008. A similar action by the Service Employees International Union …