Miller v. Deal, GA, Order on Class Certification, Child Support Cases, 2011 Judge Jerty W. Baxter SUPERIOR COURT OF FULTON COUNTY 185 emtralAventle, SW Stlite T4855 Atlanta, Georgia 30303 Fax: (404) 224-1347 Phone: (404) 612-3740 Fax / Email COVER SHEET FAX / EMAlL ADDRESS: DATE SENT: I ~o_~~ ~ _~----le,---,-("d--l-""_~+---'Lf---~~""--=--_S_c..._IA._'_._o~~_'___ …
Eleventh Circuit Reverses Dismissal of BOP Failure to Protect Suit by The U.S. Court of Appeals for the Eleventh Circuit reversed the dismissal of a failure to protect suit filed by a federal prisoner who claimed that he was attacked by a guard for participating in a prison investigation. “John …
Louisiana Sex Offender Agrees to Surgical Castration by David Reutter What should be done with sex offenders who are not prison guards, cops or priests is an emotionally-charged issue. Most states have adopted some form of civil commitment, but others have adopted the more drastic option of chemical and surgical …
No Constitutional Claim for Jail Guard Breaking Prisoner’s Hip and Wrist by The Eleventh Circuit Court of Appeals held that a constitutional violation did not occur when a guard told a prisoner to shut up and then shoved him with an open hand. Despite the serious injuries the prisoner sustained, …
Georgia Deputy Fired for Refusing Threesome with Sheriff by An employee at Georgia’s Clayton County Sheriff’s Office said she was fired because she refused to have a sexual threesome with the sheriff and a female deputy. The story began developing in April 2011 after the indictment of Clayton County Deputy …
Prisoners Used to Clean Foreclosed Houses in Georgia by According to several October 2010 news reports, foreclosed homes in Covington and Newton County, Georgia were being cleaned by prisoners. It was not mentioned whether the prisoners came from local jails or state prisons, but the reports referenced the use of …
Widow of Slain Fulton County Judge Settles Lawsuit for $5.2 Million by David Reutter By David M. Reutter Georgia’s Fulton County has agreed to pay the widow of slain judge Rowland Barnes $5.2 million. Barnes was killed by Brian Nichols, who went on a killing rampage in March 2005 at …
Fulton County’s Blanket Strip Search Policy Unconstitutional by The Eleventh Circuit Court of Appeals has held unconstitutional a blanket strip search policy of arrestees as part of their point-of-booking into jail, of detainees who posted bond or were ordered released at the jail before booking was started or completed, and …
Eleventh Circuit Reverses Dismissal of Suit Alleging Retaliatory Attack by Guard by Brandon Sample By Brandon Sample On April 26, 2010, the U.S. Court of Appeals for the Eleventh Circuit reversed the dismissal of a failure to protect suit filed by a federal prisoner who claimed that he was attacked …
BOP Abused Its Discretion in Denying Prisoner Drug Treatment by Brandon Sample By Brandon Sample On June 5, 2007, the U.S. District Court for the Southern District of Georgia granted a habeas corpus petition challenging the Bureau of Prisons' (BOP) refusal to allow a prisoner to enter BOP's Residential Drug …
Georgia: Child Support Contempt Findings Create Debtor’s Prisons by David Reutter by David M. Reutter The Great Recession has put millions of Americans out of work, which has caused more people than usual to become delinquent on their child support obligations and other debts. Many courts, especially those in Georgia …
JFK v. Troup County, GA, Civil Action, Objection to Bill of Costs, 2011 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA NEWNAN DIVISION J.F.K. and M.C.K., as Next Friends, Parents and Natural Guardians of O.K.K., a Minor, Plaintiffs, v. THE TROUP COUNTY SCHOOL DISTRICT and ELIZABETH M. GADDY, …
Three Fulton County, Georgia Jail Guards Sentenced in Prisoner Abuse Investigation by Three guards from Georgia’s Fulton County Jail (FCJ) have been sentenced on federal charges related to an investigation into prisoner abuse at the jail. Two of the guards received prison time; the third received home confinement after assisting …
Eleventh Circuit Finds Disabled Prisoner in Imminent Danger for Filing Fee Purposes by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has vacated a Georgia federal district court’s injunction that prohibited a prisoner from submitting future filings, and reversed the lower court’s dismissal of the prisoner’s …
Georgia Life Sentence for Failure to Register is Unconstitutional by by Mark Wilson With one Justice “strongly dissenting,” the Georgia Supreme Court held that a mandatory life sentence for failing to register as a sex offender violates the proportionality clause for the United States Constitution. In 1996, Georgia first enacted …
Georgia Detainee's False Imprisonment Conviction Reversed Due to Lack of Evidence by The Georgia Court of Appeals reversed the false imprisonment conviction of three detainees because the evidence presented at their trial was insufficient to support their convictions. On November 5, 2006, Reheim Jaahad Shearin, Tyrone Caruthers, Jason Tyrone Dellemar …
Appeal for Summary Judgment Upheld for Qualified Immunity by The Eleventh Circuit Court of Appeals upheld a Georgia Federal District Court’s order granting dismissal of a lawsuit alleging use of excessive force on a prisoner. On January 28, 2007, Reginald Fennell was arrested for several misdemeanor charges. As he was …
Prosecutor Not Entitled to Immunity for Statements to Press by On November 17, 2009, the U.S. Court of Appeals for the Eleventh Circuit affirmed in part and reversed in part judgment for a prosecutor, warden, and other prison staff member accused of various constitutional violations. Woodson Hart sued prosecutor Kenneth …
Georgia Eases Sex Offender Restrictions in Face of Federal Court Challenge by Laws that restrict where sex offenders can live have been popular in legislatures throughout the U.S. With much fanfare and hoopla, Georgia passed one of the nation’s toughest sex offender residency statutes on July 1, 2006. That law …
