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Juvenile Abused at D.C. Jail Settles for $31,000 Plus Attorney Fees by On December 19, 2002, a juvenile abused while on a field trip at a District of Columbia jail settled her federal 42 U.S.C. § 1983 lawsuit for $31,000. In addition, attorney fees were awarded by the U.S. District …
Article • April 15, 2010 • from PLN April, 2010
Washington State Agrees to Pay $15,000 to Probationer Whose Urine and Blood Were Forcibly Taken from Him by The State of Washington has agreed to pay $15,000 to settle a suit over the forcible taking of urine and blood samples from a Washington probationer. Matthew Arthur was arrested for DUI …
Cook County Strip, Body Cavity Searches Held Unconstitutional; Other Suits Pending by Brandon Sample On February 23, 2009, U.S. District Court Judge Matthew F. Kennelly granted partial summary judgment to the plaintiffs in a class action lawsuit challenging certain strip and visual body cavity searches conducted at Illinois’ Cook County …
Article • March 15, 2010 • from PLN March, 2010
Massachusetts GPS Program Upheld by State Supreme Court by Mark Wilson The Massachusetts Supreme Judicial Court vacated a lower court order which found that a sheriff had violated state law when he released sentenced prisoners on a GPS-monitoring program. On March 8, 2007, Edward Donohue was convicted of his third …
Brief • March 10, 2010
Taylor v. City of Oakland, CA, Habeas Writ for Witness Engram, Roadside Strip Search, 2010 Case3:04-cv-04843-MHP Document177 Filed03/10/10 Page1 of 3 4 JOHN L. BURRIS, Esq./ State Bar #69888 BENJAMIN NISENBAUM, Esq./State Bar #222173 LAW OFFICES OF JOHN L. BURRIS Airport Corporate Centre 7677 Oakport Street, Suite 1120 Oakland, California …
Brief • March 1, 2010
Allison v. GEO Group, PA, Settlement Agreement, strip search, 2010 Case 2:08-cv-00467-JD Document 60-3 Filed 03/01/10 Page 1 of 22 EXHIBITS TO MEMORANDUM OF LAW 1. Settlement Agreement, with following attached Exhibits: A. Proposed Claim Form B. Proposed Class Notice: Summary Notice (for mailing and posting), Longer Mailed Notice C. …
Article • January 15, 2010 • from PLN January, 2010
Filed under: Drug Testing, Sentencing, Bail
Washington Pretrial Release UAs Invalidated by In three consolidated criminal cases, the Court of Appeals for Washington state held that a standard pretrial release condition requiring weekly urinalysis (UA) tests was inappropriate. Washington residents Amber Dee Rose, Danielle Wilson and Kevin Wentz were charged with criminal offenses. The state recommended …
Article • January 15, 2010
Escapees Retain No Privacy Right From Searches by Prison escapees enjoy no Fourth Amendment right to privacy, the U.S. Court of Appeals for the Fifth Circuit decided February 26, 2009. Dan Ward was mistakenly released by state authorities after receiving a ten year sentence for being a felon-in-possession of a …
Article • January 15, 2010
Minnesota Holds DNA Testing Upon Arrest Unconstitutional by The Minnesota Court of Appeals has declared unconstitutional a state law mandating that biological samples be drawn for DNA testing upon arrest. A DNA sample may be taken for the purpose of producing evidence of a crime, but only after a warrant …
Supreme Court: No Due Process Right to Post-Conviction DNA Testing by On March 2, 2009, the United States Supreme Court ruled that there is no federal substantive due process right to post-conviction DNA testing. William G. Osborne, an Alaska state prisoner, was convicted of a 1993 kidnapping, assault and sexual …
Article • December 15, 2009
Illinois Federal Court Refuses to Dismiss Chicago Jail Strip Search Suit by On September 15, 2008, a federal court in Illinois denied a motion to dismiss by the Sheriff of Cook County and Cook County, Illinois, in a suit involving the strip searching of prisoners returning from court appearances. Charles …
$16.5 Million-Plus Settlement in Oklahoma City False Conviction Case by Matthew Clarke by Matt Clarke On June 8, 2009, a federal district judge in Oklahoma City signed a judgment following the settlement of a suit awarding a man who spent 17 years in prison for a rape he did not …
Article • December 15, 2009
$11,000 Settlement for Arresting Wrong Person by On January 5, 2005, a settlement was reached in a complaint filed pursuant to 42 U.S.C. § 1983 against Sacramento County and various County law enforcement officials alleging Fourth and Fourteenth Amendment civil rights violations, as well as penal and civil code violations. …
$125,000 Paid For Illegal Colonoscopy to Search for Drugs by On July 18, 2009, a New York State parolee, Tunde Clement, agreed to a $125,000 settlement in a lawsuit he filed in 2007 against Albany County, New York and Albany Medical Center Hospital. Clement's attorney, John F. Queenan, claimed his …
GPS Used to Track Sex Offenders in Washington State by Matthew Clarke by Matt Clarke Like firefighters and airline pilots, the ten Washington Department of Corrections community correction officers (CCOs) assigned to monitor high-risk sex offenders in King County via Global Positioning System (GPS) hope for a really boring day …
New Mexico County Immigrant Neighborhood Searches Enjoined by A New Mexico federal district court has issued a preliminary injunction that prohibits the County of Otero from engaging in “unconstitutional stops, searches, seizures, and discrimination pursuant to ‘operation Stonegarden,’” which seeks to round up illegal immigrants. Before the Court was the …
Article • November 15, 2009 • from PLN November, 2009
Filed under: Searches, Strip Searches
Texas Jail Strip Search Policy Unconstitutional by Brandon Sample O n May 19, 2009, U.S. District Court Judge Walter S. Smith, Jr. denied a motion to dismiss filed by McLennan County, Texas in a suit challenging the constitutionality of the county jail’s policy of strip searching all pre-trial detainees. The …
Pennsylvania County Prisons Mired in Conditions Litigation by David Reutter by David M. Reutter Whether or not a large number of lawsuits is indicative of management or operational problems at a prison or jail is a matter of debate that depends on one’s perspective – that is, which side of …
Article • November 15, 2009 • from PLN November, 2009
Filed under: Searches, Strip Searches
$5.9 Million Settlement in Philadelphia Jail Strip Search Class Action by Philadelphia's prison system has agreed to pay $5.9 million to settle the claims of class members in a class action lawsuit alleging their rights were violated as the result of a strip search policy. The settlement does not include …
Brief • November 14, 2009
Sarmiento v. County of Orange, CA, Reporter's Transcipt of Jury Trial, 2009 Case 8:06-cv-00586-DOC-AN Document 291 Filed 11/14/2009 Page 1 of 124 SACV 06-0586 DOC - 2/13/2009 - Day 4, Volume I 1 1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF CALIFORNIA 3 HONORABLE DAVID O. CARTER, JUDGE PRESIDING …
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