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Edrei et al v. City of New York, Complaint, NYPD DCU Briefing on LRAD, 2010 t, , I . fl . • , •I New York City Police Department Special Operations Di vision , .spZ Disorder Control Unit ,., ..: \<;;1 '. ':.v ~- ;;\<~;~ ¡~\ it ',c' tít~(j;;t-k.,~"'. ", …
Article • December 15, 2009
$4.6 Million Federal Jury Award to New York Man Pushed Off Roof by Cop by On April 7, 2009, a New York federal jury awarded $4.2 million to a man who was rendered paraplegic when a rookie cop pushed him off a roof. Shawn Lewis, 32, was chased to the …
$25,000 Settlement For Tourist Injured Visiting Alcatraz by On January 26, 2009, the United States agreed to pay $25,000 to a tourist injured while visiting Alcatraz, a federal prison turned national park. Roberta Klein sued the United States under the Federal Tort Claims Act after she fell and suffered severe …
Article • December 15, 2009
Ex-Prisoners Acquitted for Insufficient Evidence May Not Sue Texas by On July 31, 2008, a Texas appeals court ruled that persons who were convicted of a crime, spent time in prison while awaiting appeal, but were acquitted due to insufficient evidence on appeal, were not entitled to sue the State …
Article • December 15, 2009
TDCJ Pays $100,000 to Settle MVA Personal Injury Case by On May 28, 2004, the TDCJ agreed to pay a $100,000 settlement to Linda Holcomb for injuries she suffered in a motor vehicle accident on November 14, 2001 involving her and TDCJ employee, Rickey Neeley. Represented by Palestine, Texas attorney …
Article • December 15, 2009
TDCJ Settles MVA Personal Injury Suit by On April 8, 2005, an undisclosed settlement was reached in a personal injury suit filed against the Texas Department of Criminal Justice (TDCJ) and Department employee, Ronald Babic. Represented by Texas City attorney Russell G. Burwell III of Burwell, Burwell, & Nebout, LLP, …
TDCJ Settles Race Discrimination Suit Following Denial of Sovereign Immunity by On May 20, 2004, a Texas appellate court denied an appeal filed by the Texas Department of Criminal Justice (TDCJ) after a district court denied a motion for summary judgment and another for sovereign immunity in a race discrimination …
$150,000 Settlement in Tennessee Jail Beating by Sullivan County, Tennessee has paid $150,000 to settle the claim of a former prisoner who was beaten at the county’s jail. The suit alleged the sheriff’s department failed to properly train and supervise jail guards, deliberately placed the prisoner in a dangerous situation, …
$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 …
Abu Ghraib Abuses Not Covered by Insurance Policy by The Fourth Circuit Court of Appeals has affirmed a Virginia federal district court’s order that held an insurance policy obtained by a company who was sued for detainee torture in Iraq has no duty to defend the company because the events …
Alabama Guards Get Qualified Immunity for Failing to Prevent Rape of 11-Year-Old Prisoner by The Eleventh Circuit Court of Appeal has held that guards are entitled to qualified immunity on federal claims, but not to Alabama state-agent immunity on state-law claims, in a lawsuit involving the rape of an eleven-year-old …
Class Action Alleging Unconstitutional Michigan Indigent Defense System Survives Summary Judgment by Michigan’s Court of Appeals has upheld the denial of a summary judgment motion filed by state officials in a class action lawsuit that claims indigent defendants subject to felony prosecutions in trial courts in three Michigan counties have …
Padilla v. Yoo: Obama administration backs appeal of Bush torture memo author by John Burton By John Burton 12 December 2009 Obama administration lawyers under the direction of Attorney General Eric Holder are once again supporting the dismissal of a civil case brought by a victim of illegal detention and …
Massachusetts Man’s Estate Resolves Wrongful Conviction Suit for $14.1 Million by David Reutter In July 2009, the estate of a man who served over 18 years in Massachusetts prisons for a murder and robbery he did not commit reached a $3.4 million settlement with 5 of the 6 insurers for …
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 …
Statute of Limitations Bars Damages Claim for Voluntary Participation in Human Experiments; Ninth Circuit Reverses and Remands; Case Settles for $1.5 Million by An Oregon federal district court granted summary judgment against a former prisoner who brought suit on his behalf and that of a class of Oregon Department of …
TDCJ Guards Denied Qualified Immunity in Failure to Protect Case by On April 14, 2004, the Texas Department of Criminal Justice (TDCJ) agreed to pay $84,000 to settle a lawsuit filed by Texas prisoner Eugene Cantu. The original complaint was filed July 3, 2000 pursuant to 42 U.S.C. § 1983 …
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 …
$250,000 Awarded to Former New York Prisoner Wrongly Convicted by Falsified Evidence by David Reutter by David M. Reutter A New York Court of Claims has awarded $250,000 to a former prisoner based on her claims of malicious prosecution and negligent supervision, after finding a State Police investigator had fabricated …
Article • November 15, 2009 • from PLN November, 2009
Divided Ninth Circuit Holds Prison Officials Entitled to Qualified Immunity for Prolonged Deprivation of Outdoor Exercise by A divided Ninth Circuit Court of Appeals held that California prison officials were entitled to qualified immunity for denying outdoor exercise to prisoners during extended lockdowns, when the lockdowns were precipitated by assaults …
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