Michigan Prisoner Boycotts Rape Trial, Still Acquitted by Facing a sexual assault trial of a fellow prisoner is a pretty serious felony, making one think they would want to be present during the trial. Feeling he could not get a fair trial, Charlie Lee Floyd, 46, boycotted that trial. Despite …
Hadix v. Caruso, MI, Independent Medical Montor's Report, Systemic Medical Neglect Class Action, 2007 Case 4:92-cv-00110-RJJ Doc #2535 Filed 07/10/07 Page 1 of 52 Page ID#8926 First Report of the Office of the Independent Medical Monitor Introduction In an effort to provide the prisoners at the Hadix facilities, many of …
City of Detroit Must Record Suspect Confessions; $4 Million Wrongful Incarceration Award by A Michigan federal district court has approved a settlement that requires the City of Detroit to record all interrogations of criminal suspects and awards the estate of a wrongfully convicted man $4,075,000. The complaint in this action …
Michigan Sex Offender Registration Enjoined by The United States District Court, E.D. Michigan, Southern Division found that the Michigan statute requiring the registration of sexual offenders violated due process. The statute was challenged by a plaintiff convicted of a sex offense which mandated continuing legal obligations, public disclosure, and criminal …
Sixth Circuit Applies Publisher-Only Rule to Publications by The Sixth Circuit Court of Appeals held in a Michigan case that a jail's regulation limiting prisoners to receipt of magazines from publishers only did not violate the First Amendment. Citing Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861 (1979), and …
Failure to Administer Doctor's Treatment Plan States Eighth Amendment Claim by The Sixth Circuit Court of Appeals held that a nurse's failure to administer treatment ordered by a doctor states an Eighth Amendment violation that is not entitled to a qualified immunity defense. David G. Boretti, a Michigan prisoner, was …
Placing Prisoner on Modified Grievance Access Held Constitutional Under Circumstances by Placing Prisoner on Modified Grievance Access Held Constitutional Under Circumstances The U.S. Sixth Circuit Court of Appeals affirmed a Michigan federal district court's dismissal of a state prisoner's claim that his civil rights were violated when prison officials placed …
Prison Can Deduct All Wages from Prisoner to Satisfy Debt by The U.S. Sixth Circuit Court of Appeals, affirming a federal district court in Michigan, held that withdrawal of all funds from a prisoner's account to satisfy court debts did not violate due process, did not block access to the …
Two Wrongfully Imprisoned Michigan Men Receive $2.75 Million Partial Settlement by Two Wrongfully Imprisoned Michigan Men Receive $2.75 Million Partial Settlement On November 2, 2001 two Michigan men who were wrongfully imprisoned for eight years before their convictions were overturned reached a $2.75 million partial settlement with the prosecuting county. …
Summary Judgment Denied to Doctor Who Failed to Act Promptly by The U.S. District Court for the Eastern District of Michigan granted summary judgment to a prison warden and deputy warden but denied it in part to a prison doctor in a medical deliberate indifference claim. Alfred Scicluna was convicted …
U.S. Supreme Court Resolves Split Over Heck v. Humphrey, §1983 by U.S. Supreme Court Resolves Split Over Heck v. Humphrey, §1983 On February 25, 2004, the U.S. Supreme Court, in a per curiam decision, resolved a split among U.S. Circuit Courts of Appeal regarding the applicability of Heck v. Humphrey, …
IAD's 180 Day Period Commences Upon Receipt by State Officials that Lodge Detainer by IAD's 180 Day Period Commences Upon Receipt by State Officials that Lodge Detainer The United States Supreme Court held the 180-day time period to commence trial in Article III (a) of the Interstate Agreement on Detainers …
Deceased Michigan Prisoner's Estate States Eigth Amendment Claim by The United States District Court for the Eastern District of Michigan held that the estate of a prisoner who allegedly died as a result of indifference to his medical needs sufficiently stated an Eighth Amendment claim and that individual defendants were …
Psychological Coercion Not Legal Component Of Involuntary Servitude by The U.S. Supreme Court held that the use of psychological pressure did not violate U.S. statutes prohibiting involuntary servitude. After two mentally retarded individuals were found laboring on a farm for up to 17 hours a day with no pay due …
Several Necessary Components Of Involuntary Servitude by The U.S. Court of Appeals for the Sixth Circuit held that several factors were necessary to create a state of "involuntary servitude" and that expert testimony had not been shown to be scientifically-recognized. After two mentally retarded men were found laboring on a …
Dismissal of Assault Claim Affirmed by The U.S. Sixth Circuit Court of Appeals affirmed a Michigan federal district court's dismissal of a state prisoner's civil rights suit claiming that a Michigan Department of Corrections (MDOC) official was deliberately indifferent to prisoner safety. Michigan prisoner Prince Varmado-El got into an argument …
Jury Awards $136,501 to Handicapped Michigan Prisoner Sent to Virginia Prison by Dwayne Hubbard, a one-legged Michigan state prisoner was sent to a Virginia prisoner due to overcrowding. The Virginia prison had no accommodations for his handicap. He fell and injured his back in the shower. The Virginia guards made …
MI Prisoner's § 1983 Action Dismissed for Claiming Only Emotional Injury by MI Prisoner's § 1983 Action Dismissed for Claiming Only Emotional Injury Bobbie Adams, a Michigan state prisoner, claimed the Melanic Palace of the Rising Sun as his religion. Melanics were designated as a security threat group in the …
$145,000 Verdict in Retaliatory Transfer Case by While at a Michigan prison work camp, prisoner Gerald L. Petrowski committed a major infraction, resulting in transfer to a high security level prison. Petrowski had a preexisting foot deformity that prevented him from wearing regulation prison shoes. At the new prison Petrowski …
$1,000 Verdict in Religious Freedom Case by Michigan prisoner David Marsh is a follower of Wicca. He had previously prevailed in a lawsuit requiring the Michigan Department of Corrections to recognize Wicca as a religion. Despite that order, prison officials refused Marsh the opportunity to practice a part of his …
