Piskura Etal v Taser Intl Oh Declaration Gary Vilke Taser Death 2011 10/17/2011 01:13 51%152450 PAGE SDCJ UNITED STATES DISTRlCT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Mary Piskura, ct al., Plaintiff, v. Civil Action No. I: IO-ev-00248 Judge Hennan J. Weber TASER INTERNATIONAL, INC., et aI., Defendants, DECLARATION OF …
Ohio DOC Guard Liable For Prisoner's Slip and Fall Exiting Transport Van by On March 19, 2007, Court of Claims of Ohio magistrate recommended that a state prison guard be found liable for allowing a mobility-impaired prisoner to receive injuries by slipping and falling while exiting a transport van. Edward …
Feds Intervene in Suit, Allege “Sadistic” Stun Gun Use at Ohio Jail; Jail Settles by Brandon Sample On November 3, 2010, the U.S. Department of Justice (DOJ) filed a motion to join a lawsuit filed by Ohio Legal Rights Service (OLRS) against the Franklin County Sheriff’s Office, alleging “excessive, cruel, …
Ohio: Jailhouse Lawyer OK'd Absent State-Supplied Meaningful Alternatives by John Dannenberg Ohio: Jailhouse Lawyer OK’d Absent State-Supplied Meaningful Alternatives by John E. Dannenberg A majority of the Ohio Supreme Court held that the right of prisoners to meaningful access to the courts entitles them to be aided by jailhouse lawyers …
Correa v. Simone, OH, Depo of Grossi, False Arrest & Excessive Force, 2011 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION RAFEAL CORREA, Plaintiff, CASE NO. 1:10-CV-2273 v. OFFICER JAMES J. SIMONE, JR., et al, Defendants. ________________________________/ VIDEOTAPED DEPOSITION OF DAVID M. GROSSI, SR. Taken on …
Ohio Prison Industry Cranks Out Crappy Toilet Paper by David Reutter by David M. Reutter The foray by Ohio Penal Industries (OPI), a branch of the Ohio Department of Rehabilitation and Correction, into manufacturing toilet paper has turned out to be a crappy deal for taxpayers. OPI creates a wide …
Ohio Legislature Cannot Increase Sex Offender Registration Requirements Imposed By Court by Michael Brodheim By Michael Brodheim A divided Ohio Court of Appeals has held that changes to the state's Sex Offender Registration and Notification (SORN) Act, increasing its registration and notification requirements, violate the constitutional separation of powers doctrine …
Ohio Negligent Shackling Claim Remanded by Brandon Sample By Brandon Sample On April 8, 2010, the Court of Appeals of Ohio remanded a prisoner’s negligence claim against the Ohio Department of Rehabilitation and Correction (ODRD). Jack Nott sued the ODRC after his left leg was amputated from the knee down. …
Qualified Immunity Based Summary Judgment Denied in Ohio Excessive Force Case by On November 25, 2008, an Ohio federal court denied prison officials' motion for summary judgment based on qualified immunity in an excessive force case. The court also denied defendants' motions to dismiss, for judgment on the pleadings and …
$5.25 Million Paid to Former Ohio Prisoner for Wrongful Murder Conviction by The City of Barberton, Ohio has paid $5.25 million to settle a lawsuit filed by a man wrongfully convicted of murder. Clarence Elkins spent almost eight years in prison before being exonerated by DNA evidence in 2005. Elkins …
Ohio: Mixed Verdicts Against Guards Involved in Prisoner’s Death by Brandon Sample On December 3, 2010, Lucas County, Ohio Sheriff James Telb was acquitted of all criminal charges related to the death of a prisoner. Telb and three sheriff’s employees were indicted after Lucas County jail prisoner Carlton Benton, 25, …
S.H. v. Reed 2011 Annual Report on OH Juvenile Prison Stipulations Case: 2:04-cv-01206-ALM-TPK Doc #: 299 Filed: 01/05/12 Page: 1 of 41 PAGEID #: 8201 2011 Third Annual Report On Compliance with the S.H. v. Reed Stipulation for Injunctive Relief By Will Harrell, J.D., LL.M & Terry Schuster, J.D. S.H. …
No Sovereign immunity for City or Police Officer in Vehicle Collision with Pedestrian by Brandon Sample Brandon Sample The Ohio Court of Appeals for the Ninth District has affirmed a lower court’s denial of summary judgment for the City of Cuyahoga Falls and one of its police officers. Timothy Brown …
Prisoner's Conviction in Lucasville Prison Riot Confirmed by Ohio’s Tenth District Court of Appeals affirmed the denial of a new trial motion filed by a prisoner convicted of two murders that occurred during the 1993 Lucasville prisoner riot. A jury convicted prisoner Timothy Grinnell of two counts of aggravated murder …
Sixth Circuit Orders Ruling On Unsealing of Sealed Criminal Case by On February 5, 2009, the Sixth Circuit ordered a district court to rule on a crime victim's motion to unseal a sealed criminal case. The criminal case was sealed on August 28, 2008. The victim, filed a motion to …
Judge Rejects Magistrate’s Report and Recommendation on Publications Ban by Senior U.S. District Judge Herman J. Weber has rejected a report and recommendation from a magistrate judge that recommended summary judgment for jail officials in a suit over the jail’s “no publications” policy. Ted Marcum sued the Butler County Sheriff …
Ohio Parole Challenge Not Barred by Res Judicata by by Mark Wilson The Ohio Court of Appeals reversed a lower court’s dismissal of a prisoner’s parole challenge, holding that res judicata did not bar the action. In 1977, Michael Swihart was convicted of aggravated murder, murder and arson related to …
Ohio Sheriff Agrees to Pay $100,000 After Illegal Immigration Raid by Richard Jones, the Sherriff of Butler County, Ohio has agreed to settle a civil rights lawsuit surrounding an immigration raid conducted by his deputies in 2007. Luis Roberto Rodriguez Trevino, an undocumented Mexican national, was doing construction work in …