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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 …
Article • April 15, 2011
California: Penal Code Section 4573 Applies to Arrestees Who, When Booked, are Found in Possession of Controlled Substances by The California Supreme Court has held that Penal Code section 4573, which criminalizes the act of “knowingly bring[ing]” a controlled substance into a jail or prison, applies to a person in …
Article • April 15, 2011
Reduction of Attorney Fees Affirmed in 2nd Circuit by In a case decided on February 16, 2010, the 2nd Circuit affirmed a district court’s decision to award less than the requested attorney fees in a class action suit filed against Schenectady County, New York. Attorneys in the suit include Elmer …
Article • April 15, 2011
First Circuit Enters Stay to District Court Proceedings Following Interlocutory Appeal by On August 4, 2010, the U.S. Court of Appeals for the First Circuit stayed district court proceedings in a 42 U.S.C. § 1983 suit following an interlocutory appeal by three Boston police officers who were sued in their …
Article • April 15, 2011 • from PLN April, 2011
Massachusetts Strip Search Class-Action Nets $1,162,468 by Mark Wilson Massachusetts has agreed to pay $1,162,468 to settle a class-action suit on behalf of 486 detainees who were strip searched without cause at the Franklin County Jail. The sheriff maintained a policy of routinely strip searching all detainees who were admitted …
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