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Article • August 15, 2008
Criminal Conviction Doesn’t Bar Search Warrant Suit by The plaintiff could pursue Fourth Amendment claims arising from his criminal prosecution, notwithstanding the Heck rule and collateral estoppel, since the trial court's ruling that the search was pursuant to a valid warrant was not necessary to the criminal conviction, and hence …
Class Certified in Conditions Suit at SD Juvenile Prison by Plaintiffs challenged conditions in a juvenile training school, including the use of mechanical restraints, strip searches by opposite sex guards, excessive force, arbitrary lockdown or isolation, lack of disciplinary due process, etc. The court certifies a class of a present …
Article • August 15, 2008
Injunction Over Towing, Sale of Cars Without Notice to Owners Reversed by The district court found that municipal practices of towing and selling automobiles without notice to their owners denied due process. During the litigation, the defendants changed their regulations. The district court said they "did not go far enough" …
Article • August 15, 2008
New Jersey DNA Act Constitutional by The New Jersey Supreme Court has held that the New Jersey DNA Database and Databank Act of 1994 is constitutional under the state and federal constitutions. It also noted that a blood sample or cheek swab constitutes a search. The Court found the main …
Article • August 15, 2008
Minnesota Police Brutality Suit Settles for $110,000 by Hennepin County (Minnesota) jail detainee Philander Jenkins, accused of two murders, filed a civil rights action in 2005 alleging that Minneapolis policeman Jeff Jindra had assaulted him while handcuffed. The City Council reluctantly settled for $110,000. During a 2003 home search, Jenkins …
Article • August 15, 2008
Filed under: Searches, Strip Searches
Indiana Public Strip Search Held Unconstitutional by Indiana state resident James Campbell appealed a jury's dismissal of his 42 U.S.C. § 1983 action for Fourth Amendment violations after being strip searched in public. The court partially affirmed, but remanded for damages against the cop who had searched him. A police …
Article • August 15, 2008
TDCJ Policy for Female Guards Strip Searching Male Prisoners Judicially Monitored by Texas federal prisoner Albert Aranda and approximately 100 other prisoners filed suit against the Texas Department of Criminal Justice (TDCJ) in 1989. They alleged constitutional violations for male prisoners being strip searched by female guards. The court ordered …
Compassionless Conservative Texas Judge Closes Court Promptly, Ensuring Execution by Matthew Clarke by Matt Clarke Sharon Keller, 54, presiding judge of the Texas Court of Criminal Appeals, has come under sharp criticism for refusing to keep the court open twenty minutes past its usual closing time to permit a late …
California DOC Stipulates to Removal of Visitor X-Ray Ma-chines, but Damages Appeal Dismissed by John Dannenberg by John E. Dannenberg On November 20, 2007, the California Court of Appeal dismissed an appeal filed by a group of Lancaster State Prison visitors who sought damages for being subjected to Secure 1000 …
Article • July 15, 2008
Pennsylvania Prisoners' Privacy not Unlawfully Invaded by Mayor's Monitoring Their Cells via Video Camera from His Home by Robert DeBlasio and Deborah McFadden, prisoners in a Pennsylvania county jail, sued the county, its cops and its mayor for invasion of privacy after learning that the mayor monitored their cells from …
Article • July 15, 2008
PLRA Bars Damages for Jail Strip Search Suit by A New Mexico federal district court applied the injury requirement of the Prison Litigation Reform Act to hold that two female pretrial detainees cannot recover damages for a Fourth Amendment claim of unreasonable strip searches. The matter proceeded to a jury …
Article • July 15, 2008
Paruresis Requires Medical Verification to Excuse Urinalysis Failure; Agreement Willingly Signed Upheld by New York City Transit Authority (Authority) and Transit Workers Union (TWU) employee Joseph Kwok brought action for U.S. Constitutional violations and racial discrimination after being demoted for urinalysis compliance failure. He allegedly suffered from paruresis (shy bladder …
Article • July 15, 2008
Suits Attack “Dirty Tactics” of Portland, Oregon Police by Four men are suing the Portland Police Bureau in state court, alleging that their civil rights were violated by police “dirty tactics.” Lawyers for the men are calling for an independent investigation of the complaints. On May 27, 2006, while searching …
Article • July 15, 2008
Ohio DNA Testing Provisions Allow Relevancy Determination Prior To Requiring Mitigative Submission by The Ohio State Court of Appeals reversed the denial of DNA testing requests by prisoner Paul Buehler concerning his 1985 murder conviction but certified a conflict of statutory authority to the Supreme Court. The denial was reinstated …
Article • June 15, 2008 • from PLN June, 2008
$25.5 Million Awarded in California County Jail Strip Search Suit by John Dannenberg by John E. Dannenberg The County of San Bernardino, California has agreed to settle a federal class action lawsuit filed against its Sheriff’s Department in 2005 for $25.5 million – one of the largest such payouts on …
Article • June 15, 2008 • from PLN June, 2008
Pierce County, WA Jail Settles Jail Strip-Search Suit For $667,000 by Pierce County, Washington settled a class action suit challenging unconstitutional strip searches of specified pretrial detainees in its county jail for $200,000 in damages, $15,000 in administrative costs and $452,000 in attorney fees. In addition, the Superior Court of …
Article • June 15, 2008 • from PLN June, 2008
Innocent California Prisoner Freed After Nine Years; Paid $1 Million by An innocent man sentenced in 1995 to 27 years for raping and kidnapping a 13-year-old girl was freed by the California Innocence Project after serving 3,280 days in prison. In his subsequent suit for wrongful incarceration, he received $1 …
Article • June 15, 2008
Florida DOC Can't Inspect Guards' Homes in Workers' Compensation Case by Numerous guards at the Volusia County (Florida) Department of Corrections (DOC) filed for Workers' Compensation in state court after being exposed to toxic molds while at work. The DOC moved for an order compelling inspection of the guards' homes …
Article • June 15, 2008
Filed under: Searches, Police Searches
Florida Man Wins $253,350 for Unlawful Search and Seizure by Raphael McKinon, a nurse in Sarasota, Florida, refused to allow his estranged, belligerent girlfriend to enter his home to collect her things. She was accompanied by Eric Bolden and Sue Woniya, both Sarasota cops, who arrested McKinon, allegedly pursuant to …
Brief • June 12, 2008
Filed under: Strip Searches, Strip Cells
K.C. v. Nedelkoff, TX, Motion for Classification; Re Tyc Challenge Solitary Confinement and Strip Searches, 2008 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS K.C., on behalf of herself and all others similarly situated, et. aI, Civil No. Plaintiffs, Hon. v. Richard Nedelkoff, in his official …
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