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Article • July 15, 2011
$11,000 Settlement Reached in Sacramento County Wrongful Arrest Suit by On January 5, 2005, a settlement was reached in a complaint filed pursuant to 42 U.S.C. § 1983 against Sacramento County and various County law enforcement officials alleging 4th and 14th Amendment civil rights violations, as well as penal and …
Article • July 15, 2011 • from PLN July, 2011
Third Circuit Holds Blanket Policy of Strip Searching Arrestees, Absent Reasonable Suspicion, is Constitutional; Cert Granted by Michael Brodheim In a class-action suit brought under 42 U.S.C. § 1983, a federal district court in New Jersey held that a blanket policy of strip searching arrestees charged with non-indictable offenses, absent …
$5.25 Million Paid to Former Ohio Prisoner for Wrongful Murder Conviction by The City of Barberton, Ohio has paid $5.25 million to settle a lawsuit filed by a man wrongfully convicted of murder. Clarence Elkins spent almost eight years in prison before being exonerated by DNA evidence in 2005. Elkins …
Article • July 15, 2011 • from PLN July, 2011
San Francisco Blanket Jail Strip Search Policy Upheld in Ninth Circuit En Banc Ruling by Michael Brodheim In a class action § 1983 suit brought by pre-arraignment jail detainees, a divided Ninth Circuit panel held that San Francisco’s blanket policy of strip searching all arrestees classified for the jail’s general …
Article • July 15, 2011
Citizen Occupants of Probationer's Residence May Be Lawfully Detained by Michael Brodheim By Michael Brodheim A divided Ninth Circuit panel has held that police officers may lawfully detain the citizen occupants of a home during a probation compliance search. Oscar Sanchez was incarcerated in state prison in 2003, when a …
New York Jury Awards Wrongfully Convicted Man $18.5 Million, but Court Grants Motion to Set Aside Verdict by On November 2, 2010, a New York federal jury awarded $18.5 million to a man who was cleared of a rape conviction after serving more than two decades in prison. At the …
Gomez v. Fisher Et Al, NY, Complaint, 2011 Case 1:11-cv-00476-WMS-LGF Document 1 Filed 06/07/11 Page 1 of 71 Case 1:11-cv-00476-WMS-LGF Document 1 Filed 06/07/11 Page 2 of 71 Case 1:11-cv-00476-WMS-LGF Document 1 Filed 06/07/11 Page 3 of 71 Case 1:11-cv-00476-WMS-LGF Document 1 Filed 06/07/11 Page 4 of 71 Case 1:11-cv-00476-WMS-LGF …
Article • May 15, 2011
Secret Suit over Unlawful Eavesdropping Ends in Big Settlement by The Department of Justice has agreed to settle a 15 year court battle with a former DEA agent who claimed that a former CIA officer and State Department official unlawfully eavesdropped on him while working in Burma. The settlement requires …
Article • May 15, 2011 • from PLN May, 2011
Pennsylvania Jail Pays $3 Million to Settle Class-Action Strip Search Suit by A $3 million settlement was reached in a class-action civil rights complaint that challenged the blanket strip search policy at Pennsylvania’s Allegheny County Jail (ACJ). The class, which was certified in June 2008, includes almost 13,000 people who …
Article • May 15, 2011
Raid of Wrong House Results in $300,000 Judgment Against United States by Brandon Sample By Brandon Sample A federal judge has awarded $300,000 to a woman whose house was wrongfully raided by agents from the ATF. On February 25, 2004, agents from the ATF executed a search warrant at Lillian …
Article • May 15, 2011
Eight Circuit: Random Search of Guards' Cars May Violate Fourth Amendment by On July 9, 2010, the Eighth Circuit court of appeals held that randomly searching guards' cars parked in a prison parking lot to which prisoners have no unsupervised access may violate the Fourth Amendment. Brian True, a former …
Fourth Circuit: Most Police Records in DNA Exoneration Case Are Public by On October 1, 2004, the Fourth Circuit court of appeals decided that most of the sealed documents in a lawsuit involving the DNA exoneration of a man convicted of a rape-murder should be available to the public. Earl …
Article • May 15, 2011
Strip Search of Teen During Jail Tour Results in $150K Settlement by On September 9, 2003, the District of Columbia agreed to pay $150,000 to settle a lawsuit surrounding the unlawful strip search of a teenager during a tour of the D.C. Jail. On December 22, 2000, Reuben Minor was …
Article • May 15, 2011
$150,000 Settlement in Juvenile’s Jail Tour Strip Search Suit by The District of Columbia on August 15, 2003, entered into a $150,000 consent judgment in order to settle a lawsuit by a teenager who was strip searched by guards during a tour of the D.C. jail. On May 17th, 2001, …
Mora v. Arpaio, AZ, Court Order, Illegal Search. Seizure; Immigrant Raid, 2011 Case 2:09-cv-01719-DGC Document 172 1 Filed 04/25/11 Page 1 of 17 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Julian Mora; and Julio Mora, Plaintiffs, 10 …
Article • April 15, 2011
NYPD Cops Can Be Subjected to Drug Testing Without Collective Bargaining by The Police Commissioner of New York City may require NYPD officers to submit to drug testing of their hair without undergoing collective bargaining, New York’s highest court decided December 17, 2009. The officers’ union had argued that the …
PLRA Does Not Require Exhaustion When Prison Officials Cannot Afford Any Relief "Whatsoever," D.C. Circuit Decides by PLRA Does Not Require Exhaustion When Prison Officials Cannot Afford Any Relief "Whatsoever," D.C. Circuit Decides By Brandon Sample The Prison Litigation Reform Act (PLRA) does not require exhaustion of administrative remedies when …
Article • April 15, 2011
Class-Action Status Granted in Erie County, New York, Strip Search Lawsuit by On June 6, 2010, a New York federal court granted class-action status to the plaintiffs in a 42 U.S.C. § 1983 civil rights lawsuit challenging the blanket strip search policy in place in Erie County, New York, jails …
Article • April 15, 2011
Summary Judgment Denied in an Unconstitutional Strip Search by A Pennsylvania Federal District Court denied defendant’s summary judgment in a lawsuit alleging an unconstitutional strip search that violated a prisoner’s Fourth Amendment rights. Upon being booked into the Chester County Jail on September 13, 2007 for DUI and other traffic …
Summary Judgment Granted to a County Sheriff for a Civil Detainees Civil Violation by A California Federal District Court granted defendant’s motion for summary judgment in a lawsuit alleging violation of a civil detainee’s Fourth Amendment rights. Civil detainee John T. Sundquist was at the Atascadero State Hospital under the …
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