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Article • May 15, 2007
Tight Handcuffs on Arrestee Violates Fourth Amendment by Placing excessively tight handcuffs on an Pennsylvania arrestee and needlessly failing to loosen them for ten minutes, resulting in permanent nerve damage, would constitute excessive force under the Fourth Amendment under the circumstances alleged, where the officer was not in a dangerous …
TN Chancery Court Must Award Reasonable, Rather Than All, Costs and Fees to Winner in Public Records by TN Chancery Court Must Award Reasonable, Rather Than All, Costs and Fees to Winner in Public Records Act Cases The Pollow family settled a civil rights action against police in Memphis, Tennessee …
Jury Finds CT Prisoner Denied Disciplinary Due Process by The plaintiff was summoned to a disciplinary hearing, got there late, and discovered it had been held without him and he had been found guilty. He asked to be heard and tried to get the hearing officer's attention; he was maced …
Article • May 15, 2007
Georgia False Arrest Suit Dismissed by At 1374: This case demonstrates the proclivity of American citizens today to search for legal causes of action to redress every imaginable wrong. As we commemorate the 60th anniversary of the Allied's [sic] invasion of Normandy during World War II, the Court must decide …
Article • May 15, 2007
Georgia Detainee's Excessive Force Suit Dismissed by Allegations that the plaintiff was pushed repeatedly in connection with his arrest do not state a Fourth Amendment claim, since they did not result in injury, even though the alleged pushes were entirely gratuitous. Allegations that a deputy handcuffed the plaintiff without justification …
Article • April 15, 2007 • from PLN April, 2007
Marin County, California Settles Wrongful Jail Death For $1 Million by John Dannenberg by John E. Dannenberg Marin County, California settled with the surviving family of a man who died after being hog-tied upon his arrest by Marin County Sheriff deputies. Cary Grime was a pedestrian at 2 a.m. in …
Mentally Ill Connecticut Prisoner Assaulted by Guard Awarded $250,000, Plus $121,384.80 in Fees by On March 3, 2006, a federal jury in Connecticut awarded $250,000 to a mentally ill state prisoner who was beaten by a high-ranking prison guard at the Northern Correctional Institution. According to his amended complaint, Duane …
Article • April 15, 2007 • from PLN April, 2007
Filed under: Excessive Force, Restraints
Deaths In Alabama Jail Prompt Changes by Gary Hunter Two people died in less than 90 days in Alabama’s Baldwin County Corrections Center. On May 30, 2006, at 11:30 p.m., Ross Paul Yates was found slumped over and unresponsive, in his cell, his hands cuffed behind him to a restraint …
Article • March 15, 2007 • from PLN March, 2007
Maricopa County, Arizona, Abandons Restraint Chairs Following Deaths, Multimillion Dollar Payouts by Michael Rigby After three prisoner fatalities and two wrongful death payouts totaling $17.25 million, Sheriff Joe Arpaio of Maricopa County, Arizona, has finally discontinued the use of restraint chairs in county jails. On August 21, 2006, Arpaio told …
Publication • March 1, 2007
Legal Medicine - Restraint Asphyxia in In-custody Deaths Legal Medicine 9 (2007) 88–93 www.elsevier.com/locate/legalmed Restraint asphyxia in in-custody deaths Medical examiner’s role in prevention of deaths Lakshmanan Sathyavagiswaran a a,* , Christopher Rogers a, Thomas T. Noguchi b Office of Chief Medical Examiner-Coroner, County of Los Angeles, Department of Coroner, …
Still More Murder and Mayhem in Maryland by Michael Rigby "Lock them up and throw away the key." Like the rest of the nation, this overriding penal philosophy in Maryland has led to a criminal justice system that is defunct at every level. The state's adult prisons are "in crisis." …
Sacramento Jail Rampant with Excessive Force and Brutality by Gary Hunter Imagine six million candles of light and the noise level of a jet plane taking off inside an average 6'x10' jail cell. That's what Courtney Countee, Jessie Kerwin, Daniel Lucas, Jason Morrison, Cladius Jefferson and Michael Toro endured at …
Article • February 15, 2007 • from PLN February, 2007
5-Point Restraints = Excessive Force + Due Process Violation Results in $25,000 Virginia Damage Award by A federal court in Virginia held that subjecting a prisoner to five-point restraints for 46-48 hours on five occasions was cruel and unusual punishment. It also found the lack of procedural protections deprived the …
$400,000 Wrongful Death Settlement After San Diego Jailers Hog-Tied Prisoner by John Dannenberg by John E. Dannenberg The County of San Diego, California agreed in September 2006 to pay $400,000 to settle an excessive-force wrongful-death lawsuit brought by the family of a prisoner who died on February 2, 2001 in …
Cleaning up Mississippi’s Supermax: Conditions Suit Settled by David Reutter Cleaning up Mississippi's Supermax: Conditions Suit Settled by David M. Reutter A class action lawsuit filed on behalf of prisoners at the Mississippi State Penitentiary at Parchman charged that the totality of conditions are so "hellish" that it makes "Unit …
New Hampshire Prisoner’s ADA Claim Survives Summary Judgment by New Hampshire Prisoner's ADA Claim Survives Summary Judgment The First Circuit Court of Appeals has reversed a New Hampshire federal district court's summary judgment order concluding that a prisoner failed to demonstrate that prison officials violated his rights under Title II …
Article • December 15, 2006 • from PLN December, 2006
Many U.S. Prisoners Give Birth In Chains by Michael Rigby Childbirth is sacred in most cultures. But for many female prisoners in the U.S., the process can be cruel and degrading. According to a March 1, 2006, report by the human rights group Amnesty International U.S.A., 23 state prison systems …
Brief • December 11, 2006
Anderson-Bey et al v. District of Columbia, DC, Opinion, 8th Am bus conditions, 2008 Case 1:00-cv-02000-RCL Document 112 Filed 12/11/2006 Page 1 of 22 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA KENNETH ANDERSON-BEY, et aL, ) ) Plaintiffs, ) ) v. ) DISTRICT OF COLUMBIA, et al. Civil …
Successor Judge Needs Compelling Reason to Reopen Prior Judges Ruling by Successor Judge Needs Compelling Reason to Reopen Prior Judge's Ruling The Seventh Circuit Court of Appeals has held that a successor judge did not have record support to reopen another judge's decision that a prisoner's suit was not barred …
Taser: The "Less Lethal" Weapon with a Fatal Attraction to Prisoners by John Dannenberg Taser: The "Less Lethal" Weapon with a Fatal Attraction to Prisoners by John E. Dannenberg Extensive medical evidence strongly supports the Taser devices will not cause lasting aftereffects or fatality. Taser International literature Tasers, fifty-thousand volt …
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