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Article • July 15, 2012 • from PLN July, 2012
Ohio Prison Guards Denied Qualified Immunity for Leaving Prisoner Handcuffed for 12 Hours by The Sixth Circuit Court of Appeals reversed a district court’s grant of qualified immunity to prison officials in a federal civil rights action alleging violations of a prisoner’s rights under the Eighth Amendment. Ohio state prisoner …
Article • July 15, 2012
Oregon RLUIPA Claim Mooted By Release; Damages Not Available Under RLUIPA by The Ninth Circuit Court of Appeals affirmed the sovereign immunity and mootness dismissal of an Oregon prisoner's religious freedom suit. In 2004, Oregon Department of Corrections (ODOC) prisoner Blackie Alvarez, sued several ODOC officials in their official capacity. …
Adams v. CCA, CO, Plf Reply Def Mtn Against Separate Trials, prison riot disclosure of records, 2011 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: …
Brief • June 28, 2012
Cianfaglione v. Rogers et al, IL, Judgment, qualified immunity unreasonable strip search, 2012 2:10-cv-02170-MPM-DGB # 76 Page 1 of 1 E-FILED Thursday, 28 June, 2012 11:31:52 AM Clerk, U.S. District Court, ILCD Judgment in a Civil Case (02/11) UNITED STATES DISTRICT COURT for the Central District of Illinois ANGELINA CIANFGLIONE, …
Brief • June 28, 2012
Cianfaglione v. Rogers et al, IL, Order denying qualified immunity, unreasonable strip search, 2012 2:10-cv-02170-MPM-DGB # 75 Page 1 of 6 E-FILED Thursday, 28 June, 2012 11:22:20 AM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION ANGELINA CIANFAGLIONE, ) ) ) ) ) …
Adams v. CCA, CO, Def Opp to Plf Mot for Separate Trials, Disclosure of Medical Requests, 2011 District Court, County of Crowley, State of Colorado 110 E 6th Street, Room 303 Ordway, CO 81063 719-267-4468 ______________________________________________ Plaintiffs: VANCE A. ADAMS et al. Defendant: CORRECTIONS CORPORATION OF AMERICA Counterclaimant: CORRECTIONS CORPORATION …
Ninth Circuit Rules that Washington DOC Religious Contractor Not a “State Actor” by Congregation Pidyon Shevuyim, N.A., a private Jewish organization that contracted with the Washington Department of Corrections (DOC), may not be sued under 42 U.S.C. § 1983 or the Religious Land Use and Institutionalized Persons Act (RLUIPA), the …
Brief • June 11, 2012
Cianfaglione v. Rogers et al, IL, Jury Verdict, qualified immunity unreasonable strip search, 2012 2:10-cv-02170-MPM-DGB # 64 Page 1 of 9 E-FILED Monday, 11 June, 2012 11:59:54 AM Clerk, U.S. District Court, ILCD , UNITED COURT UNITED STATES STATES DISTRICT DISTRICT COURT OF IlliNOIS IlliNOIS CENTRAL DISTRICT OF CENTRAL DISTRICT …
Brief • June 11, 2012
Cianfaglione v. Rogers et al, IL, Jury Instructions, qualified immunity unreasonable strip search, 2012 2:10-cv-02170-MPM-DGB # 61 Page 1 of 34 E-FILED Monday, 11 June, 2012 11:51:03 AM Clerk, U.S. District Court, ILCD MEMBERS OF THE JURY, YOU HAVE SEEN AND HEARD ALL THE EVIDENCE AND WILL SHORTLY HEAR THE …
Article • May 15, 2012 • from PLN May, 2012
Georgia Court Rules Prisoners Held in County Facilities Barred from Suing State for Negligence by The Court of Appeals of Georgia held on October 21, 2011 that a county housing state prisoners under a contract with the Georgia Department of Corrections (GDOC) is an independent contractor; therefore, the state is …
Article • May 15, 2012 • from PLN May, 2012
Ninth Circuit Holds Hawaii Prison Officials Entitled to Qualified Immunity when Calculating Release Dates in Accordance with State Law by In an interlocutory appeal, the Ninth Circuit reversed a Hawaii district court’s denial of qualified immunity to prison officials who, in apparent conformity with Hawaii state law, treated a prisoner’s …
Pennsylvania Prisoner’s $185,000 Jury Award Reduced to $75,005 by Matthew Clarke by Matt Clarke On June 7, 2011, a Pennsylvania federal judge issued an order reducing a prisoner’s jury award for destruction of legal materials to $75,005. The award had previously been reduced from $185,000 to $115,000. Andre Jacobs, a …
Ninth Circuit Rules Sheriff May be Held Liable for Violence in Los Angeles County Jails by The Ninth Circuit Court of Appeals held in a revised ruling that Los Angeles County Sheriff Leroy Baca could be held liable for his subordinates causing dangerous conditions in the Los Angeles County Jail …
8th Circuit Court of Appeals Dismisses Missouri Jail Failure to Protect and Medical Neglect Case by On December 23, 2008, William Holden filed a 42 U.S.C. § 1983 claim against guards in the Marion County, Missouri Jail alleging failure to protect and failure to provide adequate medical treatment. This claim …
DC Prisoner's False Imprisonment Claims Survive Summary Judgment by A federal court in the District of Columbia (DC) refused to dismiss a former prisoner's claims that she was improperly confined 149 days past her sentence expiration date. On December 15, 2005, Eloise Wormley was sentenced to 12 months in prison, …
Appeals Court Reverses Summary Judgment in Malicious Prosecution and Evidence Concealment Case against Boston Police Department by Derek Gilna By Derek Gilna In a well-reasoned opinion, the U.S. Court of Appeals for the First Circuit has permitted a Section 1983 action against the Boston Police Department (BPD) to continue. James …
BOP's Motion to Dismiss Religious Discrimination Case Denied by A North Carolina District Court has denied the Federal Bureau of Prisons (BOP) motion to dismiss prisoners Lascelles Somie and Oral Malcolm's complaint alleging that the BOP failed to permit them to exercise their Twelve-Tribe Rastafarian religion. The plaintiffs had claimed …
Florida Court Permits Female Prisoner's Lawsuit for Forced Sex with Guard to Go Forward by Derek Gilna By Derek Gilna A Florida District Court has permitted parts of a lawsuit by a female prisoner for being forced into sex by a male prison guard to go forward, finding that questions …
Former Connecticut Prisoner's ADA and RA Complaint Survives Motion to Dismiss by Derek Gilna By Derek Gilna Former Connecticut state prisoner Richard Rogues' Section 1983 lawsuit for violations of the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA) has survived a motion to dismiss filed by defendants, including …
Article • May 15, 2012
Maryland: Off-Duty Deputies Liable for Mass Purchase of Newspaper Critical of Sheriff on Eve of Election by In 2004, on remand from the Fourth Circuit, the U.S. District Court for the District of Maryland held that neither qualified nor statutory immunity shielded off-duty deputies from liability for damages for making …
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