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Los Angeles County Agrees to Settle Estate’s Lawsuit for $395,000 by In May 2009, the Los Angeles county Claims Board recommended that the County pay $395,000 to settle a lawsuit arising from the death of an HIV-positive man who complained of respiratory problems while in the custody of the Sheriff’s …
Article • August 25, 2016
Filed under: Sentencing
Washington: Consecutive Sentences Affirmed by In an unpublished opinion from a Washington State appellate court, state prisoner Jordan Knippling was denied relief on his claim that he was given an exceptional sentence without notice. The complaint was filed following Knippling’s being sentenced to 43 months for a custodial assault he …
Article • August 25, 2016
Filed under: Judicial Misconduct
Arizona Judges and Officials Face Felony Charges by On December 10, 2009, Arizona Superior Court Judge Honorable Barbara Mundell filed a Petition for Special Action to Quash a Search Warrant or Stay its Execution. The petition was filed in response to the issuance of a search warrant authorizing the Maricopa …
Illinois District Court strip-search case survives summary judgment attack by Derek Gilna Plaintiff Angelina Cianfaglione's Fourth Amendment claim alleging an illegal seizure and arrest, excessive force, and an illegal strip and body cavity search that occurred incident to a traffic stop in Edgar County, Illinois has survived a summary judgment …
Article • August 25, 2016
Guard’s Internet Boasts Expose Jail’s “Culture of Violence” by “Seeing someone get TASER’d is second only to being the guy pulling the trigger. That is money. Puts a smile on your face—My job is sweet sometimes,” wrote Multnomah County Jail Deputy David B. Thompson on an Internet gaming site called …
Article • August 25, 2016
Former Prison Warden Pleads Guilty in Misconduct Case by A former warden at a prison in American Samoa pled guilty to conspiring to violate the civil rights of a prisoner. Mike Kelemete, as the warden of Tafuna Correctional Facility, was accused of beating one of his prisoners with a board …
Former Michigan AG Found Guilty of Stalking Gay Man by In August 2012, a federal jury in Detroit found Andrew Shirvell, a homophobic former Michigan assistant attorney general, guilty of stalking, defamation, intentional infliction of emotional distress, and invasion of privacy, in a civil suit brought by Chris Armstrong, the …
Article • August 25, 2016
Florida Supreme Court Upholds Speedy Death Penalty Law by On June 12, 2014, the Supreme Court of Florida held for the state in a constitutional challenge of the state's Timely Justice Act (the Act) of 2013, weighed by death row prisoners. Seeking to expand Allen v. Butterworth, 756 So. 2d …
Article • August 25, 2016
Fifth Circuit Upholds Settlement Agreement in Discrimination Suit by Robert Quesada filed a Title VII discrimination against his employer Janet Napolitano, Secretary of the Department of Homeland Security. The District Court required both parties to complete alternative dispute resolution. At the end of the mediation, Quesada's attorney made a $5000 …
Article • August 25, 2016
Federal Appellate Court Finds Contradiction in Lower Court’s Denial of Absolute Immunity to Prosecutor by The U.S. Court of Appeals for the Seventh Circuit has affirmed the lower court’s denial of immunity to one prosecutor and reversed and remanded for reconsideration the denial of immunity to another prosecutor. The U.S. …
Article • August 24, 2016
Filed under: Employee Litigation
Eleventh Circuit Finds for Plaintiff in DOC Wage-Hour Act Claim by The United States Court of Appeals for the Eleventh Circuit reversed and remanded on September 30, 1991, the circuit court’s decision on a federal Wage-Hour Act (the Act) claim brought by a Florida Department of Corrections (DOC) employee against …
Article • August 24, 2016
Eighth Circuit Dismisses Suit for Faulty Rape Investigation by On July 22, 2014, a man who spent 17 days in jail for a false rape accusation had his lawsuit against the Sheriff's office dismissed by the Eighth Circuit Court of Appeals. The appeals court upheld the summary judgment order of …
Article • August 24, 2016
Eight Circuit: Trial Court has Discretion to Keep Records Seal by United States Court of Appeals, Eight Circuit vacated the trial court's denial of motion to unseal a complaint. Arkansas Public Law Center ("APLC") filed a motion to unseal IDT Corp. and Netzphone, Inc. ("the Company") civil suit against eBay, …
Article • August 24, 2016
Appeal for Summary Judgment Upheld for Qualified Immunity by The Eleventh Circuit Court of Appeals upheld a Georgia Federal District Court’s order granting dismissal of a lawsuit alleging use of excessive force on a prisoner. On January 28, 2007, Reginald Fennell was arrested for several misdemeanor charges. As he was …
Article • August 24, 2016
City Commissioners agree to a 2.6 Million Dollar Settlement in the Rachel Hoffman Case by Thirty minutes after a jury had been selected in the Rachel Hoffman Civil Case. City Commissioners in Tallahassee Florida went into a closed door meeting and voted 3-2 in favor of a 2.6 million dollar …
Article • August 24, 2016
California: Trendsetter... as Always by Item: California's 33 state prisons are operating at 190 percent of capacity. On January 10, 2002, Governor Gray Davis responded to this crisis by proposing to close five prisons with 1,400 beds. Item: California is facing a $20 billion budget shortfall. It costs $70 per …
Article • August 24, 2016
Sixth Circuit Affirms Denial of Qualified Immunity for Michigan DOC Officials by On February 6, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed a denial of qualified immunity for three Michigan prison officials accused of violating the First Amendment and the Religious Land Use and Institutionalize Persons …
Article • August 24, 2016
Civil Suit Against Wise County, Virginia for Case of Mistaken Identity by In a case of mistaken identity, an innocent man residing in Memphis, Tennessee was extradited to a regional jail in Wise County, Virginia where he remained incarcerated for more than three months. Once the Commonwealth’s Attorney could be …
Article • August 24, 2016
11th Circuit Affirms Judgment for Prison Officials in Violence Case by The United States Court of Appeals for the Eleventh Circuit affirmed on April 2, 2014, the lower court's grant of summary judgment for the defendants in a §1983 claim weighed by plaintiff Jody O'Neil Harrison, seeking damages for injuries …
Article • August 24, 2016
$12,000 Settlement for Treatment at CCA Prison by Corrections Corporation of America paid $12,000 to settle a lawsuit by a prisoner Johnny A. Walsh for claims related to his treatment at the Silverdale Detention Center in Tennessee. The October 2005 confidential settlement was obtained via public records request by PLN. …
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