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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 …
Article • April 15, 2011 • from PLN April, 2011
Twelve Indiana Prison Employees Suspended for Positive Drug Tests, Contraband by Matthew Clarke by Matt Clarke In September 2010, Indiana Department of Corrections (DOC) officials announced the suspension of a dozen employees at the Pendleton Correctional Facility following a crackdown on contraband smuggling. [See: PLN, Oct. 2010, p.50]. Pendleton houses …
Article • April 15, 2011
Nebraska Prison Employee’s Termination for Failed Urinalysis Reversed by The Nebraska Supreme Court affirmed a district court’s holding that the Nebraska Department of Correctional Services (NDCS) violated a labor agreement when it fired a prison employee for failing a drug test. NDCS contended in its appeal that the district court …
Article • March 15, 2011 • from PLN March, 2011
Have a Cell Phone in Your Rectum? Body Cavity Searches OK’d in First Circuit, but Surgical Searches Are Not by Brandon Sample It is okay to look for contraband in a prisoner’s rectum so long as the search is done by medical staff in a non-abusive manner, according to the …
Article • March 15, 2011 • from PLN March, 2011
Filed under: Searches, Drug Testing
North Carolina Prisoner Prevails in Claim Related to Paruresis, AKA “Shy Bladder” by The North Carolina Department of Correction (NDOC) has agreed to settle a prisoner’s lawsuit that accused NDOC officials and guards of exhibiting deliberate indifference to his medical diagnosis of “paruresis.” The settlement includes a monetary payment, attorney …
Article • March 15, 2011 • from PLN March, 2011
Massachusetts: Wrongful Conviction Suit Settled for $3.25 Million by The City of Boston has agreed to pay $3.25 million to settle a lawsuit filed by a man who was wrongfully convicted and imprisoned for 18 years for a series of rapes he did not commit. Ulysses Charles was convicted in …
Article • March 15, 2011
$150,000 Settlement in Strip Search Suit by Jail’s Juvenile Visitors by The District of Columbia paid $150,000 to settle the lawsuit of Marcus Bradley, a minor, for injuries sustained from false arrest. While attending school at W. Bruce Evans Middle School on May 17, 2001, Bradley, along with eleven other …
$150,000 Settlement Paid in D.C. Minor’s False Arrest Lawsuit by The District of Columbia (D.C.) paid $150,000 to settle the lawsuit of Steven A. Douglass, a minor, for false arrest and imprisonment while his school class was on a “field trip” to the D.C. Jail. On April 9, 2001 Douglass, …
Article • March 15, 2011
$5,000 Settlement on D.C. Jail Prisoner’s Improper Body Cavity Search by The District of Columbia paid $5,000 to settle the Eighth Amendment violation lawsuit of prisoner John Lee, Jr. While incarcerated at the D.C. Jail on August 17, 2000, Lee’s housing unit was subjected to a search. Guard Robert Curry …
Article • March 15, 2011
$7,000 Settlement in False Arrest, §1983 Suit Related to Search for Parolee by $7,000 Settlement in False Arrest, §1983 Suit Related to Search for Parolee On November 7, 2007, the State of Washington agreed to settle a 42 U.S.C. §1983 suit brought by the parents of a DOC parolee who …
Article • March 15, 2011
Strip Searches Result In $7,500 Settlement by On April 25, 2008 the State of Washington agreed to pay $7,500 to settle a suit by three prisoners who alleged that they were strip searched in a degrading manner. The suit, filled by Willeen Ballard, Deborah Monroe, and Becky Richter alleged that …
Article • March 15, 2011
$12,500 Settlement for DC Guard’s Assault of Prisoner During Shakedown by The District of Columbia (DC) paid $12,500 to settle a negligence and assault and battery suit filed by prisoner Cornell Barber for the injuries he sustained at the hands of guards. As he was exiting the visiting park at …
$2,500 in D.C. Prisoner’s Eighth Amendment Suit by The District of Columbia (D.C.) paid $2,500 to settle an Eighth Amendment lawsuit filed by prisoner Cornell Barber. Barber was at D.C.’s Central Facility in Lorton, Virginia in March, 2001. On March 1, Cornell received a hemorrhoidectemy to remove hemorrhoids from his …
Article • March 15, 2011
Ninth Circuit: Forcible DNA Extraction Violates Fourth Amendment by The Ninth Circuit Court of Appeals held that a detective’s forcible taking of a DNA sample at the request of a prosecutor violated a detainee’s clearly established Fourth Amendment rights, barring qualified immunity. Clark County Deputy District Attorney Elissa Luzaich wanted …
D.C. Settles Unreasonable Strip Search, Sexual Battery Allegations for $15,750 by On May 11, 2006, the District of Columbia paid $15,750 to settle a lawsuit filed by two prisoners who claimed they were subjected to unreasonable strip searches and sexual battery by guards at the Central Facility in Lorton, Virginia. …
Article • February 15, 2011 • from PLN February, 2011
$33 Million Settlement in New York City Jails Strip Search Class-Action by Matthew Clarke by Matt Clarke On March 16, 2010, New York City agreed to settle a long-standing class-action lawsuit challenging the strip search policy used in the city’s jails. The settlement was for over $33 million, which included …
Brief • February 11, 2011
USA v. Odom, DC, Mot for Post-Conviction DNA Test, Wrongful Conviction Rape, 2011 SUPERIOR COURT FOR THE DISTRICT OF COLUMB 1A. Criminal Division — Felony Division UNITED STATES OF AMERICA v. Criminal No. F-2473-81 (CLOSED) KIRK L. ODOM MOTION FOR POST-CONVICTION DNA TESTING UNDER THE INNOCENCE PROTECTION ACT Kirk L. …
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