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Ohio Appeals Court Upholds $7,820 Award for 70 Days Unlawful Incarceration by By Robert H. Woodman The Tenth District Court of Appeals of Ohio upheld a $7,820 damages award by the Ohio Court of Claims to Alton M. Stroud, a prisoner of the Ohio Department of Rehabilitation and Correction (DORC). …
D.C. Prisoner Receives $19,500 Settlement for Slip-and-Fall by The United States and the District of Columbia agreed on June 4, 2004, to pay Robert M. North $19,500 for injuries he received from falling down a set of stairs while handcuffed. North was arrested on Thanksgiving Day 2000 by Federal Marshals. …
Article • April 15, 2005 • from PLN April, 2005
Wisconsin County Pays $6.95 Million To Settle Strip-Search Suit by by Michael Rigby St. Croix County, Wisconsin, and its insurer has paid $6.95 million to settle a federal class-action lawsuit challenging the constitutionality of the county jail's blanket strip-search policy, according to the terms of a February 27, 2004, settlement …
Article • April 15, 2005 • from PLN April, 2005
New Federal Civil Rights Tax Relief Act Ends Double Taxation On Attorney Fee Awards by by John E. Dannenberg On October 22, 2004, President Bush signed into law the Civil Rights Tax Relief Act (CRTRA), enacted as section 703 of the American Jobs Creation Act of 2004. While the CRTRA …
Concubine and Children Cannot Sue for Wrongful Death of Federal Prisoner by The Eleventh Circuit Court of Appeals has held that a concubine and her children could not sue for damages resulting from the cancer death of federal prisoner Jose Miguel Ruiz. This action was brought under the Federal Tort …
Article • April 15, 2005 • from PLN April, 2005
Court Holds Florida's Administrative Processing Fee is Constitutional by by David M. Reutter On December 21, 2004, Florida's Leon County Circuit Court held that a 2004 law that imposed an administrative processing fee on monies deposited into prisoner accounts does not violate the Florida Constitution's single-subject rule. The December 2004 …
$40,000 To Settle Excessive Force Claim At Los Angeles County Jail by In September, 2004, the Los Angeles County Claims Board (Board) agreed to pay $40,000 to settle an excessive force claim brought by a prisoner injured at the L.A. County Main Jail. On March 17, 2002, prisoner Joseph Amezola …
Rhode Island Prisoner Awarded $3,900 for False Imprisonment by A Rhode Island jury awarded a prisoner $3,900 for false imprisonment on April 21, 2004. In August 1994, William Ross was incarcerated and held by the Rhode Island Department of Corrections (RIDOC) on a minor larceny charge. During his incarceration, the …
Article • April 15, 2005 • from PLN April, 2005
Georgia Prison Official Immune, Prison Nurse Not, in Prisoner's Suicide by by Robert H. Woodman The Court of Appeals of Georgia, Second Division, affirmed in part and reversed in part the judgment of the Gwinnett Superior Court in a case brought against a prison official, a prison nurse, and other …
Illinois Appeals Court Reinstates Prisoner's Disciplinary Mandamus Petition by The Appellate Court of Illinois, Fourth District, held that prisoner in the Illinois Department of Corrections (DOC) had adequately stated causes of action for mandamus relief pertaining to disciplinary sanctions imposed against him. On September 11, 2002, William Cannon, Jr., a …
New Jersey DOC Liable for Prisoner Death Caused by CMS by Robert Woodman by Robert H. Woodman The Superior Court of New Jersey, Appellate Division, partly affirming a New Jersey prisoner's estate's suit, held that the New Jersey Department of Corrections (DOC) could be held liable for the negligence of …
Brief • March 28, 2005
Filed under: Snitch Jacketing, Discovery
USA vs. Mills, CA, Discovery Order, Snitch Factory, 2005 H. Dean Steward SBN 85317 107 Avenida Miramar 2 Ste. C San Clemente, CA 92672 3 949-481-4900 fax-949-496-6753 4 Mark Fleming SBN 165770 5 433 G. St. #202 San Diego, CA 92101 6 619-652-9970 fax 619-652-9964 1 7 Attorneys for Defendant …
California Corrections System Officially Declared Dysfunctional" - Redemption Doubtful by California Corrections System Officially Declared Dysfunctional" - Redemption Doubtful by Marvin Mentor Culminating a multi-year crescendo of criticism leveled at California's Corrections system from frustrated legislative, judicial and executive leaders, the Corrections Independent Review Panel (CIRP) recently tasked by Governor …
Article • March 15, 2005 • from PLN March, 2005
Judges Of Death by Mumia Abu-Jamal As the nation pondered the fate of a young California man being sentenced to death, the case of another man, one lesser-known, one without wealth or whiteness, comes back before the nation's highest court, after having been shunted through a series of killing courts …
Delaware Prisoner's $100,000 Damage Award For Retaliation Upheld by by Michael Rigby A disabled Delaware prisoner's $100,000 damage award for retaliation will stand, a federal district court in Delaware has held. On August 20, 1999, Roger Atkinson, a blind prisoner with a host of medical problems, sued Delaware prison officials …
NO FTCA or IIED Claims Stated in Oregon Testicular Radiation Case by The Ninth Circuit Court of Appeals held that a prisoner who voluntarily participated in testicular radiation experiments while in prison did not establish a Federal Tort Claims Act (FTCA) violation. The court also held that the prisoner did …
Article • March 15, 2005 • from PLN March, 2005
9th Circuit Explains Habeas Jurisdiction Under 28 U.S.C. § 2254, Upholds Washington Transfer to Priv by 9th Circuit Explains Habeas Jurisdiction Under 28 U.S.C. § 2254, Upholds Washington Transfer to Private Prison The U.S. Court of Appeals for the Ninth Circuit has held that a state prisoner serving time on …
Article • March 15, 2005 • from PLN March, 2005
New York Jail Settles Strip-Search Suit For $2.7 Million by On March 10, 2004, the parties involved in a class action lawsuit over unlawful strip-searches performed during intake at the Rensselaer County (New York) Jail agreed to settle the case for $2.7 million. On various occasions between June 26, 1999 …
Article • March 15, 2005 • from PLN March, 2005
Mailbox Rule Applies to Texas Prisoners Civil Filings by The Texas Supreme Court has held that the mailbox rule applies to civil litigation filed by Texas prisoners in Texas state courts, overruling at least two previous court of appeals decisions. Charles Clay Warner, Jr., a Texas state prisoner, brought suit …
Article • March 15, 2005 • from PLN March, 2005
Civil Punitive Damages On Top Of Criminal Punishment Is Not Double Punishment by Civil Punitive Damages On Top Of Criminal Punishment Is Not Double Punishment by John E. Dannenberg The California Court of Appeals held that a drunk driver convicted of vehicular manslaughter was not constitutionally immune from the second …
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