$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 …
[Plaintiff] v. Smith, OH, Complaint, Sexual Assault Women's Prison, 2011 Case: 2:11-cv-00277-ALM-MRA Doc #: 1 Filed: 03/31/11 Page: 1 of 22 PAGEID #: 1 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO plaintiff's name redacted c/o David B. Malik 8437 Mayfield Road, Suite 101 Chesterland, Ohio 44026 Plaintiff, …
U.S. Supreme Court Upholds $625,000 Judgment for Female Prisoner Molested by Ohio Prison Guard by John Dannenberg by John E. Dannenberg On January 24, 2011, the U.S. Supreme Court (USSC), ruling on a relatively minor procedural issue regarding the timing of a defense motion for summary judgment, upheld a $625,000 …
Ohio Governor Spares Death Row Prisoner, Cites Problems with Evidence by Derek Gilna Kevin Keith, 46, on Ohio’s death row for murdering two women and a 4-year-old child, and scheduled for execution on September 15, 2010, was spared by Ohio Governor Ted Strickland. In commuting the death penalty portion of …
Sixth Circuit Certifies to Ohio Supreme Court for Interpretation of State Law by The Sixth Circuit Court of Appeals sua sponte certified questions to the Ohio Supreme Court as to the proper interpretation of the scope of an Ohio statutory scheme restricting internet communications. In 2002, the Ohio Legislature enacted …
Sixth Circuit: Lethal Injection Challenge Time-Barred; Agrees Cooey II Wrongly Decided, Urges En Banc Review by The Sixth Circuit Court of Appeals affirmed the dismissal of a condemned prisoner’s challenge to Ohio’s lethal-injection protocol as time-barred under Cooey v. Strickland, 479 F.3d 412 (6th Cir. 2007) (Cooey II). The court …
Onerous Ohio Sex Offender Restrictions Drive Some Underground by Matthew Clarke by Matt Clarke Public officials in Cleveland, Ohio have noticed that some registered sex offenders are dropping out of sight. When the officials attempted to confirm the offenders’ registered addresses, they found they didn’t live there. The reason for …
Head of Ohio Juvenile Facility Fired Following Complaints of Sexual Harassment by The Ohio Department of Youth Services (ODYS) said in a May 2010 report that it had found substantial evidence to validate numerous harassment charges against Thomas Teague, an 11-year ODYS employee, which justified his immediate firing. According to …
Harmon v. Hamilton County, OH, Complaint, 2011 Case: 1:10-cv-00911-SJD Doc #: 3 Filed: 02/04/11 Page: 1 of 14 PAGEID #: 21 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CINCINNATI JOHN HARMON 2250 Endovalley Drive Cincinnati, Ohio 45244 : Case No.: 1:10-cv-911 : Judge Herman J. …
Former Ohio Prison Guard Dies Shackled to Hospital Bed by Matthew Clarke by Matt Clarke For five years, Jeff Maier, 53, was an Ohio prison guard. Then for 13 months he was an Ohio state prisoner. The change from one side of the bars to the other occurred after Maier …
