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Article • May 15, 2007
$95,000 Settlement in Guards Dropping Prisoner Suit by After being involved in a fight with another prisoner at Georgia's Youth Detention Center in Atlanta, guard intervened and attempted to carry prisoner Mark Thomas back to his cell, carrying him by each guard holding a limb. Two of the guards lost …
Article • May 15, 2007
Filed under: Civil Procedure, Costs
Dead GA Prisoner's Family Dismissed in Federal Court, Allowed to Refile in State Court Without Paying Costs by Dead GA Prisoner's Family Dismissed in Federal Court, Allowed to Refile in State Court Without Paying Costs In October of 1997, Alfonso Roberson died of unreported causes in the county jail for …
Article • May 15, 2007
Filed under: Medical, Skin, Failure to Treat
Jail Failure to Treat Psoriasis Upheld by In this seemingly incompetently litigated case, the plaintiff filed a response to a summary judgment stating that the facts are "voluminous" and incorporating the complaint and brief's statement of facts by reference, instead of complying with the rule requiring a "separate and concise" …
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 • May 15, 2007
Class Certified in Suit by Georgia Foster Children by Foster children in state custody sued in state court on behalf of a proposed class alleging a wide range of constitutional and statutory violations. Defendants removed the case to federal court. By removing to federal court, the defendants waived their right …
Article • May 15, 2007
Class Can be Certified Despite Fact Differences by All doubts regarding the propriety of class certification should be resolved in favor of certification, since certification is conditional. Numerosity does not require impossibility of joinder, only that "it is extremely difficult or inconvenient to join all members of the class." (694, …
Article • March 15, 2007 • from PLN March, 2007
HIV in Prison Is Lower Than Believed by Gary Hunter The Centers for Disease Control and Prevention recently released a study showing that the spread of HIV in prison is extremely low. Of 856 males in Georgia?s prisons who tested positive for HIV in 2005, only 76 acquired the virus …
Article • March 15, 2007 • from PLN March, 2007
Georgia County Pays $5.1 Million for Community Service Turned Deadly by Michael Rigby On August 21, 2006, a Georgia state court awarded $5.1 Million to the family of a college student who was killed when he fell from a DeKalb County garbage truck while performing community service. Vince Currid, 22, …
Article • February 15, 2007 • from PLN February, 2007
Fulton County Reinstates Deputies Fired in Killing Rampage by After the March 11, 2005 killing rampage by Brian G. Nichols at an Atlanta courthouse, Fulton County Sheriff Myron Freeman talked tough about punishing officers who failed to perform their duties or lied during the ensuing investigation. He initially followed through …
Federal Judge Suspends Some Georgia Sex Offender Residency Restrictions by Matthew Clarke by Matthew T. Clarke On June 29, 2006, e federal judge in Georgia granted class-action status and a temporary restraining order (TRO) suspending enforcement of some provisions of Georgias sex offender residency law (SORL), Ga.Code.Ann. § 42-15. The …
Article • November 15, 2006 • from PLN November, 2006
Georgia Sheriff Indicted on Corruption Charges, Pleads Guilty by Gary Hunter Coffee County Sheriff Rob Smith was indicted on March 20, 2006 on eight counts of abuse of office. Three counts charged Smith with using prisoner labor to construct campaign election signs. The charges also included two counts of violation …
Article • November 15, 2006 • from PLN November, 2006
Georgia Prison Guards Plead to Misdemeanors in Prisoner Beatings by Michael Rigby In mid-April 2006, seven Georgia prison guards were indicted by a Tantall County jury in connection with beatings of prisoners at the Rogers State Prison in Reidsville. As previously reported [see PLN, April 2006, p.1], Rogers is a …
Article • November 15, 2006 • from PLN November, 2006
Settlement Agreement Evicts Room and Board Fees From Georgia Jail by Michael Rigby The Sheriff of Clinch County, Georgia, has agreed to end a decades-long practice of charging pretrial detainees for room and board and to return $27,000 to those who paid the fees over a 4-year period. Also pursuant …
Article • August 15, 2006 • from PLN August, 2006
Georgia Prisoner Beaten By Guard Awarded $22,000 by On October 19, 2005, a federal jury awarded $22,000 in damages to a Georgia prisoner who was beaten by a guard. Plaintiff Larry Hudson, 45, claimed that on March 7, 2002, while confined in disciplinary segregation, he became involved in a verbal …
$790,000 Settlement In Ulcer Death of Georgia Jail Prisoner by In November 2005, Dekalb County, Georgia, a private medical provider, and a local hospital agreed to pay a combined total of $790,000 to settle with the widow of a prisoner who died from a perforated ulcer. While imprisoned in the …
Forced Masturbation States Privacy Claim by The Eleventh Circuit Court of Appeals has remanded for further proceedings a prisoners civil rights complaint that alleged he was forced to strip and masturbate by a female guard, and was then retaliated against for reporting her nefarious activities. Boxer X, a prisoner at …
Georgia Jail and Its Medical Provider Settle Jail Wrongful Death Suit For $500,000 by Joan G. Crumpler Wilkes County, Georgia and Integrative Detention Health Services, Inc. (IDHS) paid $500,000.00 for settlement of a wrongful death suit alleging negligent medical care, deliberate indifference to serious medical needs, and wrongly allowing a …
Lawyers Bilk Cornell for Millions, San Francisco Jail Scammed by In an attempt to recoup millions of dollars, private prison operator Cornell Companies, Inc., has filed lawsuits against lawyers entrusted to oversee the companys funds for land deals. Cornell, based in Huston filed the latest suit on August 26, 2005, …
Georgia Prisons: A Blight On The Peach State by Michael Rigby During the Civil War, General William Tecumseh Shermans devastating march through the South was a blight on Georgia and all who lived there. Today, the safety of many Georgians particularly the 50,000 confined in the states 37 prisons is …
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