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Article • November 15, 2011
No Immunity in Product Liability Suit Because of FDA Warning by In March 2011, the U.S. Supreme Court unanimously affirmed a Ninth Circuit holding that the makers of Zicam Cold Remedy (Matrixx Initiatives, Inc.) were potentially liable for failing to disclose reports of a possible link between their product and …
Article • November 15, 2011
State Not Liable for Escaped Juvenile Detainee’s Murder of Store Owner by The federal district court of the District of Columbia granted summary judgment to the defendants in a lawsuit seeking damages resulting from a store owner’s murder by an escaped juvenile detainee. The action was brought by the wife …
Article • October 15, 2011 • from PLN October, 2011
U.S. Supreme Court: State P&A Can Sue Another State Agency for Records by David Reutter U.S. Supreme Court: State P&A Can Sue Another State Agency for Records by David Reutter The U.S. Supreme Court held on April 19, 2011 that sovereign immunity does not apply when one agency of a …
Oates et al v. Dorsey et al, NM, 3rd Amended Complaint, guard brutality threat humiliation nuts to butts, 2011 Case 1:11-cv-00254-MCA -GBW Document 43 Filed 09/29/11 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JOHN OATES, and MICHAEL CROHAN on behalf of …
Adams v. CCA, CO, Testimony Transcript - Wojtalewicz, prison riot, 2011 Transcript of the Testimony of Randal Floyd Wojtalewicz Date: September 23, 2011 Volume: Case: Vance A. Adams, et al v. Corrections Corporation of America Printed On: January 17, 2013 Ak/Ret Reporting, Records & Video, Inc. Phone:361-882-9037 Fax:361-882-3355 Email:akretinc@aol.com Internet: …
CCA May Be Liable For Guard Captain's Sexual Assault Of Louisiana Prisoner by Matthew Clarke by Matt Clarke On March 15, 2007, a federal court in Louisiana held that the Corrections Corporation of America (CCA) may be liable for the sexual assault of a prisoner by a CCA captain at …
Article • September 15, 2011
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 …
Article • September 15, 2011
Minnesota Commissioner of Corrections Not Immune From Section 1983 Suit Seeking Injunctive Relief by John Dannenberg by John E. Dannenberg The Minnesota Court of Appeals ruled that the Commissioner of Corrections does not enjoy absolute immunity from injunctive relief when acting in her “quasi-judicial” capacity to review a lifer’s suitability …
Article • September 15, 2011
California DOC Officials Enjoy Absolute Immunity From Tort Liability Under Civil Code by John Dannenberg by John E. Dannenberg When a private prison corporation sued Director Jeanne Woodford of the California Department of Corrections and Rehabilitation (CDCR) for alleged defamatory statements made against the corporation's performance on a CDCR contract, …
Federal Court Continues Oversight of Wyoming State Penitentiary by A Wyoming federal district court had entered an order that continues its supervision of the Wyoming State Penitentiary. That supervision began in October 2003 as the result of a class action civil rights action, alleging unconstitutional conditions of confinement that failed …
Article • September 15, 2011
Fourth Circuit: Virginia Not Immune from RLUIPA Suit by On December 29, 2006, the Fourth Circuit Court of Appeals held that the Religious Land Use and Institutionalized Persons Act (RLUIPA) was a valid exercise of Congress’ spending powers and that the State of Virginia was subject to its requirements because …
Adams v. CCA, CO, Plf Mot for PO, Disclosure of Medical Requests, 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 Plaintiffs: VANCE A. ADAMS et. al. Defendants: CORRECTIONS CORPORATION …
Adams v. CCA, CO, Exhibit, Disclosure of Medical Requests, 2011 District Court, Crowley County, State of Colorado I 10 East 6th Street, Room 303 Ordway, CO 81063 719-267-4468 Plaintiffs: VANCE A. ADAMS et a!. Defendant: CORRECTIONS CORPORATION OF AMERICA Counterclaimant: CORRECTIONS CORPORATION OF AMERICA Counterclaim Defendants: RICHARD ALLISON, et a!. …
U.S. Supreme Court: No Monetary Damages Against States Under RLUIPA by On April 20, 2011, the U.S. Supreme Court ruled that state sovereign immunity bars recovery of monetary damages under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc, et seq. Harvey Leroy Sossamon III, a …
U.S. Supreme Court Overturns Wrongful Conviction Suit Against New Orleans DA, Vacates $14 Million Judgment by Derek Gilna by Derek Gilna and Brandon Sample In a March 29, 2011 five-to-four decision, the U.S. Supreme Court ruled against a former Louisiana prisoner who filed a § 1983 suit against Orleans Parish …
Article • August 15, 2011 • from PLN August, 2011
Prison Records Officer Entitled to Qualified Immunity; No Evidence of Deliberate Indifference to Sentencing Errors by Mark Wilson On April 22, 2010, the Third Circuit Court of Appeals held that a Pennsylvania prison records officer was entitled to qualified immunity for a prisoner allegedly being confined 10 months beyond his …
Adams v. CCA, CO, Index to List of Supporting Documents, prison riot, 2010 COURT OF APPEALS STATE OF COLORADO 101 West Colfax Ave., Ste. 800 Denver, CO 80202 Telephone: (303) 837-3785 _______________________________________________ Appeal From: Crowley County District Court Case No. 2005CV60, Consolidated With 2006CV8 The Honorable Michael Schiferl ▲ COURT …
Article • July 15, 2011
Texas Prisoner's Premises Defect Suit Against Dallas County Reinstated by Matthew Clarke by Matthew T. Clarke A Texas court of appeals has reinstated the pro se, in forma pauperis negligence and premises defect tort suit brought by a Texas prisoner against Dallas County and the Sheriff of Dallas County after …
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 …
No Immunity for Abandonment of Disabled Prisoner by The Nevada Supreme Court, sitting En Banc, held that prison officials are liable for releasing disabled prisoners into conditions where they can’t be cared for. Nevada prisoner George Butler threw rocks at other prisoners in an October 1997 quarrel over a drug …
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