Michigan Prisoner Awarded $500 for DOC's Violation of FOIA by Timothy Kincaid, a Michigan state prisoner, sued the state Department of Corrections (DOC) in state court under the state Freedom of information Act (FOIA), Mich. Comp. Laws 15.231 et sec, to compel disclosure of his disciplinary records. The trial court …
Reuther v. Chapman, MI, Discovery Order, Jail Guard Brutality, 2008 2:07-cv-12249-GER-MKM Doc # 53 Filed 05/16/08 Pg 1 of 8 Pg ID 533 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBERT REUTHER, Plaintiff, CIVIL ACTION NO. 07-CV-12249-DT VS. DISTRICT JUDGE GERALD E. ROSEN LONNIE CHAPMAN, et al., …
Michigan Prisoner Beaten By Guards Awarded $6,004 by On November 17, 2006, a Michigan jury awarded state prisoner Robert Brooks $6,004 for a beating he received at the hands of two guards. Brooks, who was serving time in a maximum-security Michigan prison for a 1982 murder, claimed he was attacked …
Okay to Open Mail Sent by Attorney General by The plaintiff alleged that defendants opened a piece of mail from the state Attorney General's office in his absence. He has no standing to raise a court access claim absent a showing of prejudice. However, the court construes his complaint as …
Michigan Counties Unsuccessful at Collecting Costs of Jail Imprisonment by Matthew Clarke by Matt Clarke On September 12, 2007, the Lenawee County Commission became embroiled in a debate over how to collect $6.3 million in outstanding ?room and board? fees from former jail prisoners that had accrued over the past …
Sykes v Anderson, et al., MI, Plf Supp Trial Brief, malicious prosecution, 2008 Case 2:05-cv-71199-NGE-RSW Document 169 Filed 02/18/2008 Page 1 of 20 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KIMBERLY SYKES, Plaintiff, Case No. 05-71199 Honorable Nancy G. Edmunds Magistrate Judge R. Steven Whalen vs. DERRICK …
Cumulative Tightening of Michigan Lifers' Parole Eligibility Rules Held Ex Post Facto by John Dannenberg by John R. Dannenberg The U.S. District Court for the Eastern District of Michigan, Southern Division, has held that a decade of cumulative changes to parole eligibility regulations for Michigan's life-sentenced prisoners violated the U.S. …
Non-Convicted Michigan Sex Offenders Required to Register by The Sixth Circuit Court of Appeals has held that Michigan's Sex Offender Registration law, which requires persons charged with but not convicted of sex crimes to register as sex offenders, is constitutional. The Court's ruling affirms an order granting summary judgment to …
Sykes v. Anderson, MI, Consolidated Trial Brief, Fabrication of Evidence, 2008 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KIMBERLY SYKES, Plaintiff v Case No. 05-71199 Judge Nancy G. Edmunds Magistrate Judge R. Steven Whalen DERRICK ANDERSON, CAROL NICHOLS, and MAURICE McCLURE, jointly and severally and in their …
Michigan Anti-Civil Rights Amendment Declared Unconstitutional by John Dannenberg by John E. Dannenberg The U.S. District Court for the Eastern District of Michigan declared unconstitutional a March 2000 amendment to Michigan?s Elliot-Larson Civil Rights Act (ELCRA), which had stripped prisoners from protection against discrimination. This important ruling, which is being …
Michigan’s Solution to Prisoner Healthcare: Close the Prison by David Reutter Michigan's Solution to Prisoner Healthcare: Close the Prison by David M. Reutter In December 2006, a federal district court found the Michigan Department of Corrections (MDOC) in contempt in the long-running Hadix case, and ordered prison officials to submit …
PLRA 150% Attorney Fee Cap Applies to All Attorney Work, Including Appellate Work by The Sixth Circuit Court of Appeals has held "that the PLRA applies to all attorney fees generated by a prevailing party -- trial, post-trial, and on appeal." The PLRA, or Prison Litigation Reform Act, limits attorney …
Michigan: $3.3 Million Settlement for 9 Years Wrongful Imprisonment by On September 5, 2005, a man who spent nine years in prison for a rape he didn?t commit settled with the Township of Clinton, Michigan, for an approximate total of $3,338,160. Kenneth Wyniemko was convicted in 1994 of raping and …
Michigan DOC Employees Immune From State Court Damages for Raping Women Prisoners by The Michigan Court of Appeals has held that claims for monetary damages from violations of The Michigan Constitution do not exist against individual government employees. Such claims, however, may ensue for violations of Michigan's Civil Rights Act. …
Abuse of Discretion to Deny Leave to Amend by The Sixth Circuit Court of Appeals reversed a lower court's erroneous grant of summary judgment to police on claims that they unlawfully detained a man, then evicted him from his home. The Court also found that it was an abuse of …
Months of Cold-Wet Conditions States Inadequate Shelter Claim by The Sixth Circuit Court of Appeals has held that a Michigan prisoner offered sufficient evidence to support his Eighth Amendment inadequate shelter claim. The Court's decision came in the appeal of William Spencer, who brought claims relating to his pre-trial detention …
State Law Claims in Federal Suits Must Be Exhausted by Use of force is a prison condition for purposes of PLRA; the unavailability of damages does not excuse exhaustion (citing prior circuit authority for both propositions) This court uses the 18 U.S.C. § 3626(g)(2) definition of "conditions of confinement" as …
False Arrest and Broken Jaw Results in $300,000 Michigan Jury Verdict by A Michigan man who sustained a broken jaw and related injuries during a false arrest was awarded $300,000. Mr. Sharp was falsely arrested and detained for two weeks in a Detroit, Michigan jail. While confined and under guard …
Skin Ulcer from Delouser Nets Michigan Jail Prisoner $3,500 Settlement by A Michigan prisoner was awarded $3,500 for a skin ulcer he sustained from being sprayed with a delousing product. Mr. Young was sprayed with a delousing product when he entered the Eaton County Jail. The product caused a skin …
Prison Drinking Water and Wastewater Pollution Threaten Environmental Safety Nationwide by John Dannenberg by John E. Dannenberg Aging infrastructure concerns are not limited to America's highways, bridges and dams. Today, crumbling, overcrowded prisons and jails nationwide are bursting at the seams -- literally -- leaking environmentally dangerous effluents not just …
