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Article • December 11, 2017
Texas Prison Guards' Union Chief Decries Indoor Use of Gas Gun by Matthew Clarke By Matt Clarke Lance Lowry, a Texas prison guard and the head of the Huntsville local of the union representing the most prison guards in Texas, said a prison supervisor who fired a gas gun at …
Article • December 11, 2017
Filed under: Police Misconduct, Police
$1.9 Million to Settle with Students Hit by Car Fleeing Police by Christopher Zoukis By Christopher Zoukis Three 17-year-old students run over by a car fleeing Newark, New Jersey police in a high speed chase have settled a lawsuit brought over injuries resulting from the crash. Curtis Berry, Jessica Pemberton, …
Indiana Woman Settles Claim that Clay County Police Officer Grabbed Her Breasts During Traffic Stop by Christopher Zoukis By Christopher Zoukis An Indiana woman who claimed that a Clay County, Indiana Reserve Sheriff's Deputy used unjustified, excessive, sexual force against her during a traffic stop settled her claim for an …
Article • December 11, 2017
Filed under: False Arrest
$25,000 to Landlord in False Arrest Case by Christopher Zoukis By Christopher Zoukis A New York landlord who was subjected to a warrantless arrest for alleged wrongful eviction was awarded $25,000 by a jury for false arrest. Landlord Barsiasa was accosted by NYPD officers in his home. The officers were …
Article • December 7, 2017
Illinois Prisoner Granted Transfer in Injunctive Relief in Rare Ruling by David Reutter by David Reutter The U.S. Southern District Court of Illinois granted a preliminary injunction for prisoner Calvin Mitchell as failed against Correctional Officer Stephen Baker and Warden Kim Butler. The order required that Mitchell be transferred away …
Article • December 7, 2017
Filed under: Money/Property
Negligent Handling of Property Not Barred by Sovereign Immunity by David Reutter by David Reutter The Commonwealth Court of Pennsylvania affirmed a trial court's denial of Stephen Palmer's claim of "conversion" of his personal property by the Pennsylvania Department of Corrections (DOC). It reversed and remanded his claim of negligent …
Article • December 7, 2017
South Dakota Res Judicata Ban of State Constitutional Due Process Claim Upheld by David Reutter by David Reutter  The South Dakota Supreme Court upheld a trial court's summary judgment dismissing a wrongful death suit brought by Lynette Johnson (Johnson) against the South Dakota Department of Corrections (DOC) and several of …
Article • December 7, 2017
Filed under: Criminal Procedure
Minnesota Supreme Court Declares "Exoneration-Compensation Statute" Unconstitutional by David Reutter The Minnesota Supreme Court held that its reversal on appeal of a second degree manslaughter conviction, standing alone, did not qualify as an "exoneration" under Minn. Stat. § 590.11. Simultaneously, the court held that § 590.11 was irrational and violated …
Article • December 7, 2017
Alabama Prisoner Convicted of Kidnapping Minor Can be Labeled Sex Offender by David Reutter The Eleventh Circuit Court of Appeals held that an Alabama prisoner failed to state a claim against the Alabama Department of Corrections (ADOC), when he alleged that its application of a 2011 sex offender (S.O.) statute …
Article • December 7, 2017
$5,000 to Conn. Prisoner in Retaliation Lawsuit by Lonnie Burton by Lonnie Burton On April 24, 2014, a Connecticut state prisoner and the Connecticut Department of Corrections (DOC) agreed to settle a claim brought by the prisoner which alleged that he was terminated from his prison job after he filed …
Article • December 7, 2017
$77,980 in Attorney's Fees, $57,000 Verdict in Police Excessive Force by Lonnie Burton by Lonnie Burton On March 29, 2017, United States District Judge George B. Daniels, sitting in the Southern District of New York, adopted in part a magistrate's report and recommendation which granted attorney's fees and costs to …
Article • December 7, 2017
Filed under: Pain, Death Penalty
Eighth Circuit Refuses to Halt Arkansas Execution of Prisoner Who Claimed Lethal Injection Will Cause Him Extreme Pain by Lonnie Burton by Lonnie Burton In April 2017, the state of Arkansas decided to fast track the execution of eight prisoners before its supply of lethal injection drugs became unavailable. Soon …
Article • December 7, 2017
Filed under: Pain, Obesity, Death Penalty
Eighth Circuit Denies Stay of Execution to Arkansas Prisoner Who Claimed His Obesity Created Risk of Severe Pain by Lonnie Burton by Lonnie Burton On April 24, 2017, the Eighth Circuit U.S. Court of Appeals issued a series of rulings paving the way for the state of Arkansas to continue …
Article • December 7, 2017
Filed under: Failure to Treat
California Prisoner's Claim of Untreated Tooth Pain Survives Summary Judgment by Lonnie Burton by Lonnie Burton On September 16, 2014, United States District Judge William Alsup, sitting in the Northern District of California, issued an order granting in part and denying in part a motion for summary judgment filed by …
$750 to Washington State Prisoner in Mailroom/Public Records Suit by Lonnie Burton by Lonnie Burton On September 25, 2016, the state of Washington finalized a settlement agreement with a prisoner who had sued for public records act violations and for improper prison mail rejections. The parties agreed to a $750 …
Article • December 7, 2017
Filed under: Discrimination
Rhode Island Settles Prison Hiring Civil Rights Suit with United States by Lonnie Burton By Lonnie Burton On April 24, 2017, the state of Rhode Island and attorneys for the United States Department of Justice (D0J) reached a settlement agreement in a three year old lawsuit over discriminatory hiring practices …
Article • December 7, 2017
Kansas Uniform Trust Code Established Exclusive Venue For Prison Trust Fund Proceedings by David Reutter by David Reutter The Kansas Supreme Court held that a prison trust fund is an actual trust, subject to the provisions of the Kansas Uniform Trust Code (KUTC), therefore the lower courts erred in applying …
Article • December 7, 2017
Class Action Member May File Independent Suit to Protect Individual Need by David Reutter by David Reutter A California federal district court granted limited injunctive relief to a state prisoner in a deliberate indifference suit against the California Correctional Training Facility (CTF) doctors. The court held that an individual member …
Article • December 7, 2017
Self-Serving Affidavits Admissible in Discrimination Suit by The Seventh Circuit Court of Appeals reversed a federal district court's summary judgment granted to Indiana's Whitley County Sheriff's Office in a racial discrimination suit. The court found that the district court erroneously applied the "common actor" provision to grant summary judgment, and …
Article • December 7, 2017
$61,500 Settlement in Death of a Federal Prisoner by The Federal Bureau of Prisons (BOP) agreed to a $61,500 settlement in a 28 U.S.C. §1331 civil suit filed by a federal prisoner, substituted by his family as plaintiffs after the alleged wrongful death of the prisoner. The initial complaint alleged …
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