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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 …
Alaska Prisoners May Assert Third-Party Beneficiary Claim Against Contract Medical Provider by Alaska prisoners may bring a third-party breach of contract claim against contract medical providers for medical negligence, the U.S. Court of Appeals for the Ninth Circuit decided August 28, 2007. Joseph Miller, an Alaska prisoner, sued Corrections Corporation …
Article • June 15, 2009
Arkansas City Settles Dispute Over Housing Prisoners In County Jail by The City of Pine Bluff, Arkansas reached a settlement with Jefferson County, Arkansas over a declaratory judgment regarding the meaning of the phrase "prisoners of municipalities" as used in an Arkansas statue governing how jail costs are appropriated between …
$325,000 Award for Virginia Sheriff's Sexual Harrasment, Battery and Harassment by On January 15, 2008, a federal jury awarded a former sheriff's deputy $325,000 for battery and sexual harassment she suffered at the hands of a former sheriff. Lespia King, 22, a former deputy at the Roanoke City Jail in …
California Chaplains Lose Appeal in Compensation/Fraud Case by On June 5, 2008, a California appeals court affirmed a superior court ruling sustaining the demurrer in an action brought against Alameda County, California by three jail chaplains and Community Chaplains, Inc. (Appellants). Appellants' case alleged state law violations on the part …
Fifth Circuit Affirms Summary Judgment and Directed Verdict in Mississippi Jail Suicide Case by On December 2, 2008, the Fifth Circuit Court of Appeals issued an opinion affirming summary judgment in favor of the sheriff and the directed verdict for the county and other defendants in a case involving a …
Fifth Circuit Upholds Correspondence Restrictions in Houston Jail by On August 9, 2000, the Fifth Circuit Court of Appeals upheld a district court's dismissal of a prisoner's challenge to correspondence restrictions at the Harris County Jail in Houston, Texas. Matthew James Leachman, a prisoner at the Harris County Jail, filed …
Jury Award Exceeds $1.5 Million in New York Malicious Prosecution Case by On June 24, 2008, a New York federal jury found two New York City police officers liable in a Section 1983 malicious prosecution suit brought by security guard & part-time state police officer Anthony Manganiello. Manganiello's initial suit …
Ohio Woman Awarded $350,000 for False Arrest by On August 30, 2005, a federal jury in Ohio awarded Michelle Black-Hosang $100,000 in compensatory damages, as well as $250,000 in punitive damages for her unlawful arrest by Sergeant James Mendenhall of the Ohio State Police. Additionally, Black-Hosang is seeking more than …
Texas Court of Appeals Upholds $42.5 Million Award Against Wackenhut / GEO Group by Matthew Clarke Texas Court of Appeals Upholds $42.5 Million Award Against Wackenhut / GEO Group by Matt Clarke On April 2, 2009, a Texas Court of Appeals upheld a jury award of $22,000,000 in actual damages …
Article • June 15, 2009 • from PLN June, 2009
Prisoner’s Free Speech Rights Violated by Legal Mail Opened Outside His Presence; Qualified Immunity Denied by David Reutter Prisoner’s Free Speech Rights Violated by Legal Mail Opened Outside His Presence; Qualified Immunity Denied by David M. Reutter The Eleventh Circuit Court of Appeals held that prison officials who open legal …
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