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Article • May 15, 2007
9th Circuit Vacates Marshal's District-Wide Shackling Policy by The Ninth Circuit Court of Appeals vacated a district-wide California policy of requiring all federal pretrial detainees to wear shackles while making their first appearance before a magistrate judge. In April 2003, the United States Marshals Service for the Central District of …
Article • May 15, 2007
BOP Prisoner's Ineffective Assistance of Counsel Claim in Guard Murder Rejected by Scott Fountain, a federal prisoner and a member of the Aryan Brotherhood, was convicted of murdering a prison guard in 1986 in the control unit at the US Penitentiary in Marion, Illinois. In 1997, he moved to vacate …
Article • May 15, 2007 • from PLN May, 2007
Prisoner’s Death After Restraint Settled By Los Angeles County For $80,000 by Prisoner's Death After Restraint Settled By Los Angeles County For $80,000 The Los Angeles County Claims Board settled a wrongful death lawsuit for $80,000 in December 2006 that resulted from a jail prisoner dying after being restrained of …
$3500 Punitive Damage Award Upheld for Dropping Shackled Prisoner by The U.S. Court of Appeals for the Eleventh Circuit held that record evidence supported a jury verdict that two Florida state prison guards violated a prisoner's Eighth and Fourteenth Amendment rights by using excessive force, that the guards were not …
Article • May 15, 2007
Court Upholds Mistreating Prisoners For Practice by Court Upholds Mistreating Prisoners For Practice The plaintiff alleges that the defendants authorized a "live exhibition/exercise" by CERT officers, with civilian witnesses, in which he was forcefully extracted from his cell and dragged to an exercise unit where he was placed in a …
Court Enjoins CA Seg Unit Conditions by California prisoners (plaintiffs) filed a civil complaint in the United States District Court, Northern District of California, challenging the conditions of their confinement in the Adjustment Center (AC) of the California State Prison at San Quentin (SQ). Plaintiffs named as defendants the Director …
Article • May 15, 2007
Eighth and Fourteenth Amendments Protect Against Excessive Use of Force by The U.S. Supreme Court held that §1983 actions alleging excessive use of force on free citizens should be analyzed pursuant to Fourth Amendment standards rather than the less protective Eighth Amendment standards used for prisoners. Petitioner was stopped by …
Article • May 15, 2007
San Quentin's AC Unit Conditions Unconstitutional, Tear Gas, Restraints, no Exercise Enjoined by San Quentin's AC Unit Conditions Unconstitutional, Tear Gas, Restraints, no Exercise Enjoined The Ninth Circuit Court of Appeals held prisoners are entitled to fresh air and exercise, they cannot be subject to wearing neck chains over long …
Article • May 15, 2007
Sixth Amendment Right to Counsel Requires Initiation of Formal Criminal Proceedings; Strapping Violent Arrestee to Bed Constitutional by Sixth Amendment Right to Counsel Requires Initiation of Formal Criminal Proceedings; Strapping Violent Arrestee to Bed Constitutional The Eleventh Circuit Court of Appeals held the Sixth Amendment did not apply to an …
Article • May 15, 2007
$380 Awarded for Fall from NYDOCS Transport Van by A New York state court held that the New York Department of Correctional Services (DCS) was liable for injuries a prisoner sustained when he fell from a transport van. Finding minimal, superficial damages, the court awarded $380 on October 21, 2004. …
Article • May 15, 2007
No Summary Judgment On Disciplinary Diet Claim by A federal court in New York held that prison officials were not entitled to summary judgment on a prisoner's claim that he was repeatedly placed on restricted disciplinary diets and subjected to painful handcuffing, in violation of the Eighth Amendment. Wilfredo Rodriguez …
Article • May 15, 2007
Tight Handcuffs, Violent Police Car Ride State Claim by The plaintiff alleged that he was handcuffed too tightly and complained repeatedly about it to the arresting officers; that the officers amused themselves by speeding unnecessarily, braking abruptly, etc., so the plaintiff was thrown around in the police car; that when …
Suit Challenging WI Civil Commitment Conditions Dismissed by The plaintiff, committed involuntarily as a sexually violent person, challenged various institutional practices. The plaintiff's complaint that he was required to disclose his history of sexual assaults, charged and uncharged, before he could be eligible for the main treatment program and be …
Article • May 15, 2007
Court Upholds Kicking Handcuffed Prisoner on Ground by The plaintiff alleged that as he was being escorted in restraints, he tripped over an officer's foot, an officer hit him in the head with her keys, and the officers kicked and beat him while he was on the ground. He was …
Article • May 15, 2007
Restrained Juvenile Prisoner Settles Injury Claim For $1,000 by After filing suit in August 1997, a juvenile female prisoner who suffered emotional distress and facial bruising while being forcibly restrained by personnel at the Marygrove Residential Treatment Facility settled her claim for $1,000. The girl had alleged in her suit, …
Article • May 15, 2007
Leg Brace during Criminal Trial is Harmless Error by A criminal trial judge's decision to require the defendant to wear a leg brace during the trial, based only on unsworn hearsay testimony regarding a potential witness's plan to "do 'stuff,'" without evidence the defendant was going to participate in the …
Article • May 15, 2007
Filed under: Excessive Force, Restraints
Tight Handcuffs Suit Dismissed by The plaintiff's allegation that he sustained moon-shaped cuts from handcuffs that went unattended for days and, he was told, had caused nerve damage that would take time to regenerate did not support a deliberate indifference claim. Doctors he saw later made clear that there was …
$2,350,000 Settlement in Florida Jail Prisoner's Restraint Chair Death by The prisoner in this case was 39 years old when he was arrested in Florida's Osceola County for aggravated assault with a firearm and discharge of a firearm in public. During the incident leading to his arrest, the prisoner was …
No Immunity for Police in Tight Handcuffs Suit by Defendant police officers are not entitled to summary judgment on the plaintiff's claim of excessively tight handcuffing in light of evidence that the cuffs left a mark visible nearly two years later and continuing pain in the plaintiff's wrists; there is …
Article • May 15, 2007
Shackling Criminal Defendant Upheld by The petitioner's trial was not rendered unfair by his shackling, since he assaulted one of the prosecution witnesses when he left the witness stand in full view of the jury. His left hand was unshackled so he could take notes and assist counsel, and he …
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