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Prohibiting Decorations on Outgoing Envelope Not Violative of RLUIPA by The Fifth Circuit Court of Appeals has held that a Texas prison policy that prohibits prisoners from drawing illustrations or messages on envelopes does not violate a prisoner’s rights. Prisoner Robert N. Smithback filed a civil rights action that claimed …
Article • July 15, 2009
Slip and Fall Nets $5,000 Settlement by Washington State’s King County Jail paid $5,000 to settle a slip and fall claim filed by former prisoner Clifford Goodwin. The claim alleged that on September 10, 2001, Goodwin fell in urinal waste water that was on the floor due to a broken …
No Appeal of Immunity Defenses if Case Under Advisement by Immunity defenses may not be reviewed by way of appeal when a district court still has the matter “under advisement” before a magistrate judge, the U.S. Court of Appeals for the Fifth Circuit decided July 23, 2008. Raul Meza sued …
No Tort Liability for Louisiana Employer Accused of Negligence in Death of Prisoner on Work Release by Louisiana prisoners injured while in work release may not pursue a tort action against the prisoner’s employer, the Court of Appeal of Louisiana, 2nd District, decided April 30, 2008. Instead, the exclusive remedy …
PHS’s Policy of Profits over Medical Care Results in Death of Pregnant Prisoner’s Fetus by The Eleventh Circuit Court of Appeals has held that a prisoner is not required to exhaust administrative remedies that jail officials do not let prisoners know exist. Additionally, the appellate court held that a jail …
Article • July 15, 2009
Citizens May Sue Government Under Section 526a to Enforce California Public Records Act by California’s Sixth District Court of Appeals has held that while California’s Public Records Act (CPRA) has a limited judicial remedy of determining whether a particular record or class of records must be disclosed, the purpose of …
Los Angeles County Settles Suit Alleging Wrongful Arrest and Excessive Force Resulting in Death for $475,000 by The County of Los Angeles has agreed to pay $475,000 to the estate of a man who died after being placed in the Total Appendage Restraint Procedure (TARP). The man, Devin Eichenlaub, was …
Los Angeles County Settles Wrongful Arrest and Excessive Force Suit for $195,000 by The County of Los Angeles has agreed to pay $195,000 to settle a lawsuit alleging four men were unlawfully arrested, with one alleging excessive force. On July 17, 2007, Los Angeles County Sheriff’s deputies responded to a …
Los Angeles County Sheriff Recommends $40,000 Settlement for Wheelchair Access Claim by The County Attorney for the Los Angeles Sheriff’s Department recommended that a claim filed by Daniel Lopez pursuant to the Americans with Disabilities Act (ADA), a wheelchair bound paraplegic, for injuries sustained while attempting to be pulled up …
Georgia Sheriffs are Not County Employees, Allowing Suit by Estate of Court Reporter Killed by Prisoner to Proceed by A county sheriff in Georgia is not a “county employee” for workers’ compensation purposes, the Georgia Court of Appeals decided June 26, 2008. This ruling clears the way for a tort …
Article • July 15, 2009
Discretionary Function Exception Shields State from Liability in MTCA Action by On June 21, 1999, the Supreme Judicial Court of Maine affirmed a grant of summary judgment to the State of Maine in a Maine Tort Claims Act (MTCA) case regarding the alleged negligence of a guard who closed a …
Eighth Circuit Rejects Reckless Investigation Claim by On April 8, 2008, the U.S. Court of Appeals for the Eighth Circuit rejected a lawsuit brought by a former prisoner against a prison investigator for his role in the prisoner’s murder conviction and resulting death sentence. Joseph Amrine sued George Brooks, a …
Article • July 15, 2009
ETS Exposure Suit Allowed to Proceed Despite Facility No Smoking Policy by U.S. District Judge Joseph A. Greenway, Jr. has denied a motion to dismiss for failure to state a claim in an action alleging cruel and unusual punishment in relation to a prisoner’s exposure to environmental tobacco smoke (ETS). …
Article • July 15, 2009
Prison Officials Must Assist Prisoners in Getting Married by Failing to assist a prisoner in getting married is a cognizable First Amendment violation, the U.S. Court of Appeals for the Sixth Circuit decided on July 31, 2003. Laura Toms and Ira Chaiffetz, an Ohio prisoner, had a hard time getting …
Article • July 15, 2009
$1,135 Settlement in Vehicle Damage Claim by Washington State’s King County has paid $1,135.44 to settle the claim of John C. Schapp and Pemco Insurance Company that stems from a county employee pulling out from a driveway in front of Schapp, causing damage to the left front of his 2001 …
Article • July 15, 2009
$1,890 Paid to Settle Window Broken by Juvenile Detention Worker by Washington State’s King County has paid $1,890.14 to settle the claim of the Wall Bar and Grill, who suffered a shattered window caused by a weedeater being used by a juvenile detainee worker hitting a rock on August 30, …
Adams v. CCA, CO, Plf Mot to Strike Def Govt Immunity, Prison Riot, 2009 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: VANCE A. ADAMS …
Settlements You Can't Sign: Ethical Implications of Chicago's Machinery of Denial by Craig Futterman By Craig B. Futterman, Jason E. Huber, and Pier Petersen1 Introduction On February 28, 2006, Carlos Salazar,2 a Latino construction worker in his early 40s, had just picked up his mother from a health clinic on …
California Prosecutors, Parole Board, State Agencies Entitled to Absolute Immunity in Parole Decisions by The Ninth Circuit Court of Appeal has held that prosecutors, parole board members and state agencies are entitled to absolute immunity for participating in or making parole decisions. The Court’s ruling comes in the case of …
Article • June 15, 2009
West Virginia Supreme Court Upholds Regional Jail Payments From Counties by The Regional Jail and Correctional Facility Authority (Authority) of West Virginia filed an original mandamus action in the Supreme Court of Appeals of West Virginia to compel the County Commission of Cabell County (County) to fulfill its obligation to …
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