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Illinois Department of Corrections Must Pay Attorney For Indigent Committed Under Sexually Dangerous Persons Act by Matthew Clarke By Matt Clarke An Illinois court of appeals has held that the Illinois Department of Corrections (DOC) must pay the court costs and attorney fees for an indigent person committed under the …
Fifth Circuit Grants Louisiana Prison Doctor Qualified Immunity by Matthew Clarke by Matt Clarke The Fifth Circuit court of appeals reversed a Louisiana district court’s denial of qualified immunity for a prison doctor. Anthony Gobert, a former Louisiana state prisoner, was incarcerated at the Elayn Hunt Correctional Center (EHCC) and …
9th Circuit: Eleventh Amendment Bars Prisoner’s Claim for Damages under RLUIPA by The Ninth Circuit has held that a prisoner bringing suit under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. § 2000cc-1, may not obtain damages from state officials in their official capacities. California …
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 …
Baltimore Jail’s Warden, Seven Guards Suspended Pending Excessive Force Investigation by Pending an investigation into an alleged use of excessive force involving a female detainee, the warden and seven guards at the Baltimore Central Booking and Intake Center (BCBIC) have been suspended. The detainee, a 26-year-old woman who faced minor …
Article • July 15, 2011
Pierce County, Washington Personal Injury Results in $1,200 Settlement by Washington State’s Pierce County paid $1,200 to settle a prisoner’s personal injury claim. In October 2001, prisoner James E. Thomas had a grand mal seizure, which caused him to have a spinal injury, while in court at the Pierce County …
6th Circuit: County Prosecutor Protected by 11th Amendment by In a decision filed on July 30, 2009, the 6th Circuit affirmed a ruling of a Michigan court granting summary judgment to Arenac County and Arenac County Prosecutor, Curtis G. Broughton. The complaint was brought pursuant to 42 U.S.C. § 1983 …
Adams v. CCA, CO, Plf Mot Proposed Order, public records indigents right to review depositions, 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: VANCE …
Adams v. CCA, CO, Plf Mot Proposed Order for Certification, prison riot, 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: VANCE A. ADAMS et. …
Jackson v. Jesus Tellado et al, NY, police racial bias, Complaint, 2011 rtL.cu Case 1:11-cv-03028-PKC-SMG Document 1 Filed 06/24/11 IN CLERK'S OFFICE Page US 1 of 43 PageID 1 DISTRICT COURT #: E.D.N.Y. * UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK JUN 2 4 2011 BRO~-wua~~~·. : ~~.·~' …
Adams v. CCA, CO, Plf Mot to Suppress Plf Depositions, prison riot, 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: VANCE A. ADAMS et. …
Tenth Circuit Reverses Lawsuit on Hygiene Versus Court Access for Second Time by Bob Williams For the second time, the Tenth Circuit has reversed the dismissal of a pro se prisoner’s lawsuit alleging he was denied basic hygiene items when his available money was spent on court-related expenses. Colorado state …
Eighth Circuit Affirms Denial of Qualified Immunity for Guards Accused of Deliberate Indifference; $5.2 Million Verdict, $450,000 Settlement on Remand by Brandon Sample On August 20, 2009, the U.S. Court of Appeals for the Eighth Circuit affirmed a district court’s denial of qualified immunity to six Garland County Adult Detention …
Adams v. CCA, CO, Order granting Plf Mot to Suppress Plf Depositions, prison riot, 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: VANCE A. …
THE ANATOMY OF A POST-TASERING DEATH by Lynn Wilson By Lynne Wilson The Government of British Columbia’s independent inquiry into the circumstances surrounding Robert Dziekansi’s death on October 14, 2007 is the most comprehensive and illuminating investigation conducted to date into the dangerousness of Tasers or “conducted energy devices or …
Article • May 15, 2011
Second Circuit Rejects Bivens Claim against Judges for Attorney Compensation by On August 28, 2009, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit by a public defender who alleged that he was undercompensated in violation of his right to due process. David Bliven …
Eighth Circuit Reverses Transport Rape Summary Judgment by The Eighth Circuit Court of Appeals held that prison officials were not entitled to summary judgment on a female prisoner’s claim that she was raped during transport. On December 15, 2005, Missouri prisoner Penny Whitson was being transported from the Stone County …
Article • May 15, 2011 • from PLN May, 2011
Connecticut Sues Prison Builders for $18 Million by Gary Hunter On February 27, 2008, Richard Blumenthal, Attorney General for the State of Connecticut, announced that his office had sued 13 contractors and their insurers seeking more than $18 million in connection with the construction of 22 buildings at the York …
Article • May 15, 2011
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 …
Michigan Jail Nurse Denied Qualified Immunity in Detainee Death Case by Mark Wilson By Mark Wilson The Sixth Circuit affirmed the denial of a Michigan jail nurse’s motion for summary judgment on qualified immunity ground related to a prisoner’s death from untreated alcohol withdrawal. On March 1, 2004, Larry Bertl …
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