Georgia Sheriff as "Arm of the State" Entitled to Eleventh Amendment Immunity by Bob Williams Ruling 6-5 en banc in a case of first impression, the Eleventh Circuit has found that Georgia sheriffs act as "arms of the state" and thus as state actors are entitled to Eleventh Amendment immunity …
Court Continues Oversight and Orders Corrections in Georgia Jail by David Reutter by David M. Reutter "The Court is totally out of patience with the assurances and promises that compliance will be achieved" with the Final Settlement Agreement signed on January 24, 2000. So said Judge Shoeb, U.S. District Court …
County Liable for Sheriff's Failure to Remove Invalid Warrant From Computer by The Eleventh Circuit Court of Appeals held that Georgia Sheriffs are a county policymaker regarding their duties in the maintenence and recall of criminal warrants thus making the county liable in a § 1983 action for the Sheriff's …
PHS Redux: Sued In A Dozen States, Contract Losses, Stock Plummets, Business Continues by by John E. Dannenberg Prison Health Services (PHS), a subsidiary of America Service Group, Inc. (ASG), continues to face lawsuits and lose contracts for its deplorable record of prisoner health care gaffes in a dozen states. …
False Information in Parole File May Violate Due Process by The use of false information in a parole file can be a due process violation, but such a claim cannot be conclusory and must specify the false information. A reduction in the frequency of parole consideration for persons with life …
Corruption Catches Up With Georgia Corrections Chief by by Gary Hunter Bobby Whitworth, former Corrections Commissioner and Parole Board Member, was booked into the Fulton County Jail on Friday, July 25, 2003. Charged with felony public corruption, Whitworth, 56, is the first such official ever to be indicted on corruption …
Georgia Jury Awards $325,000 to Prisoner's Widow in Legal Malpractice Case by Georgia Jury Awards $325,000 to Prisoner's Widow In Legal Malpractice Case On July 13, 2002, a Carroll Counrty, Georgia, jury awarded $325,000 to the widow of a prisoner who allegedly died due to medical malpractice and neglect. The …
Joinder of Georgia Annual Parole Hearing Injunction is Rejected by The Eleventh Circuit US Court of Appeals rejected the attempt of a Georgia life prisoner to use the mechanism of joinder (Fed.RulesCiv.Proc. Rule 20(a)) to gain the benefit of another life prisoner's injunction providing for annual parole consideration hearings. James …
Georgia Parole Board's "90% Policy" Ruled Ex Post Facto by Georgia Parole Board's "90% Policy" Ruled Ex Post Facto by John E. Dannenberg The United States District Court (N.D. Ga.) held that the retroactive application by the Georgia Board of Pardons and Paroles ("Board") of its 1998 policy revision requiring …
Georgia DOC to Provide Court Access With Computers, Legal Software by Georgia DOC To Provide Court Access With Computers, Legal Software The Georgia Department of Corrections (DOC) is changing the way it affords prisoners access to courts. Out are the six lawyers who provided prisoners with free legal assistance. In …
Georgia Parole Corruption Deepens by Gary Hunter A trail of corruption, greed, and cronyism has led to the indictment of a Georgia senator, the dismissal of an assistant attorney general and the resignation of six parole board members including the director and the chairman. Van Streat was suspended from his …
Punitive Damages Are Prospective Relief Under PLRA by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that the PLRA makes punitive damages prospective relief that requires the district court to make a factual finding the award is narrowly drawn to correct the violation of …
Summer Uprisings in Three Southern Jails by As temperatures rose last summer, so did tensions in some southern jails. Guards at the Craighead County jail in Jonesboro, Arkansas, used tear gas and stun guns to regain control of a cell block that housed 27 prisoners. Four prisoners received minor injuries …
Georgia Supreme Court Bans Use of the Electric Chair by In a 4-to-3 decision, the Supreme Court of Georgia upheld a trial court and ruled that death by electrocution violated the state's constitutional protection against cruel and unusual punishment. The high court ordered that all future executions in Georgia will …
Ex-Georgia Sheriff Convicted in Ambush Killing of Successor by Lonnie Burton Former Georgia Sheriff Sidney Dorsey was convicted on July 10 for ordering the assassination of his political rival, a man who defeated him for sheriff in the 2000 elections. Dorsey was convicted of first-degree murder for the slaying of …
Pro Se Tips and Tactics by John Midgley The Supreme Court recently decided a case that may affect where you want to file a lawsuit against state defendants. There are some circumstances in which you may want to file your claims, including your federal claims, in state court. 1. The …
Georgia Lawmaker Indicted for Aiding Prisoner Transfer by Lonnie Burton On January 8, 2002, a Fulton County, Georgia grand jury indicted state senator Van Streat on four counts of violation of oath of office and one count of making a false statement. Both charges stemmed from Streat's alleged involvement in …
Harris v. Coweta City, GA, Brave Deposition, 2002 file:///V|/website%20stuff%20to%20post%2011-19-08/briefbank/MBRAVE.txt 1 1 IN THE UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF GEORGIA 3 NEWNAN DIVISION 4 5 VICTOR HARRIS, 6 Plaintiff, 7 vs. 8 COWETA COUNTY, GEORGIA; SHERIFF MICHAEL S. YEAGER; SGT. MARK FENNINGER; CLINTON D. REYNOLDS; AND TIMOTHY C. …
Georgia Prison Guards Caught in Bondage Videos by More than 150 law enforcement officers from various Georgia agencies including the Department of Corrections, have been moonlighting as actors in gay bondage videotapes since 1980. Sold over the internet, the tapes include scenes of kidnapping and torture. In November 1999, Hays …
