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Brief • August 3, 2010
Cianfaglione v. Rogers et al, IL, Complaint, qualified immunity unreasonable strip search, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION ANGELINA CIANFAGLIONE, ) ) Plaintiff, ) ) vs. ) ) TERRY ROGERS in his individual capacity, ) DEE BURGIN, in his individual capacity, …
Sixth Circuit: No Eleventh Amendment Immunity When ADA Claim Includes Fourteenth Amendment Violations by Matthew Clarke by Matt Clarke On January 5, 2010, the Sixth Circuit Court of Appeals upheld a Michigan district court’s denial of Eleventh Amendment immunity for a claim involving both a violation of the Americans with …
CMS Nurse Denied Summary Judgment for Failure to Treat Prisoner for Heat Illness;$400,000 Settlement Following Sixth Circuit Ruling by David Reutter by David M. Reutter In February 2009, the Sixth Circuit Court of Appeals affirmed the denial of summary judgment to a Correctional Medical Services (CMS) nurse in a lawsuit …
Article • July 15, 2010 • from PLN July, 2010
Arkansas Federal Jury Awards $261,000 to Male Prisoner Raped by Male Guard by On July 16, 2009, a federal jury awarded $261,000 to a former Arkansas prisoner who was sodomized and forced to perform oral sex on a guard. While incarcerated at the Varner Supermax Unit, Jason D. Palton was …
San Francisco Settles Wrongful Incarceration Cases for $7.5 Million by Michael Brodheim Nearly six years after his release from prison, Antoine Goff received a measure of belated justice – a $2.9 million settlement for almost 13 years of wrongful incarceration. Goff and his co-plaintiff, John “J.J.” Tennison, had filed complaints …
Eleventh Circuit Reverses/Affirms Denial of Qualified Immunity in Retaliation Case by On June 22, 2007, the U.S. Court of Appeals for the Eleventh Circuit affirmed in part and reversed in part a district court’s denial of qualified immunity for four Georgia prison officials accused of retaliation. Danny Hicks sued Warden …
Pennsylvania Judges Involved in Corruption Case Face Liability; 5,000 Convictions Thrown Out by David Reutter by David M. Reutter A Pennsylvania U.S. District Court has granted absolute judicial immunity to two former state court judges in a consolidated class-action civil rights suit. That immunity, however, only applied to judicial acts, …
Montana State and County Officials May be Liable for Injuries Caused by Private Prisoner Transport Company by The State of Montana and Montana counties may be held liable for mistreatment and injuries caused by private prisoner transportation companies, the Supreme Court of Montana held. Jaydon Paull was arrested in 2003 …
Article • June 15, 2010 • from PLN June, 2010
Mental Health Specialist May be Liable in California Jail Detainee’s Suicide by In a tragic case involving a father who signed a citizen’s arrest for his son who later committed suicide while in pretrial detention, the Ninth Circuit upheld the grant of summary judgment to two sheriff’s deputies and the …
New York’s Catch-All Contraband and Anti-Smuggling Rules Unconstitutionally Vague by In a suit for damages and injunctive relief, the Second Circuit Court of Appeals affirmed the district court’s de-termination that prison prohibitions against “smuggling” and “contraband” were unconstitutionally vague as applied to Mujahid Farid, a New York state prisoner serving …
No Qualified Immunity for Excessive Force at Ohio Jail by The Sixth Circuit Court of Appeals affirmed the denial of qualified immunity to Ohio jailers on a detainee’s excessive force, denial of medical care, equal protection and state law claims. On April 3, 2004, Ohio State Highway Patrol Trooper Helen …
No Qualified Immunity for Denial of Protective Custody to Ohio Prisoner by The Sixth Circuit Court of Appeals affirmed a lower court’s denial of qualified immunity in an Ohio prisoner’s lawsuit raising a failure to protect claim. Ohio prisoner George Hamilton was the target of a “hit” by the Aryan …
Ninth Circuit Holds Prosecutors Immune for Parole Recommendations by Mark Wilson The Ninth Circuit Court of Appeals has held that prosecutors are absolutely immune for making parole recom-mendations. Liza Brown shot her husband to death and entered into an oral plea agreement. “During the plea colloquy, the prosecutor stated that, …
Adams v. CCA, CO, Plf 4th Supplemental Disclosures, Disclosures Medical Record, 2010 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse I IO E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 .COURT USE ONLY. Plaintiffs: VANCE A. ADAMS et. al. …
Bashimam v. City of Tallahassee, FL, Amended Complaint for Damages, Police Violation of 4th Amendment Rights, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ESTATE of NABEL BASHIMAM by CASE NO. 4:10-CV-343-RH/WCS DENISE BASHIMAM, Personal Representative, and ISAM BASHIMAM and DENISE BASHIMAM, SURVIVORS; …
Bashimam v. City of Tallahassee, FL, Plaintiff Interr, Police Misconduct, 2010 PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT CITY I. Persons 1. As to the person answering these interrogatories, please identify (see “Identification of a Natural Person” in Definitions) yourself and describe your basis for knowledge of the information sworn to, all …
Bashimam v. City of Tallahassee, FL, Second Amended Complaint, Police Violation of 4th Amendment Rights, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION DENISE BASHIMAM, as Personal Representative of the ESTATE of NABEL BASHIMAM and on behalf of ISAM BASHIMAM and DENISE BASHIMAM, …
Article • May 15, 2010 • from PLN May, 2010
$99,999 Settlement for Michigan Prisoner Damaged by Second-Hand Smoke by A Michigan prisoner accepted $99,999 to settle a lawsuit for damages and injuries he suffered as a result of prison officials’ failure to follow medical prescriptions to house him in a non-smoking environment. Prior to being housed at Carson City …
State of Washington Settles Suit for $400,000 After Released Sex Offender Goes on Crime Spree by Michael Brodheim In June 2008, the State of Washington entered into a stipulated judgment to settle claims for damages, filed in both state and federal courts, by Diana McKissen, who was raped, tortured, and …
Fifth Circuit Orders Discovery in Katrina Prisoner Evacuation Case by Matthew Clarke by Matt Clarke On July 1, 2009, the Fifth Circuit Court of Appeals vacated a lower court’s denial of summary judgment in a case involving the evacuation of prisoners from the Orleans Parish Prison (OPP) in New Orleans …
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