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Article • October 28, 2015
Mississippi Supreme Court Reverses Time Bar in Wrongful Conviction Civil Suit by Mississippi Supreme Court Reverses Time Bar in Wrongful Conviction Civil Suit The Supreme Court of Mississippi, on January 9, 2014, reversed and remanded Adams County Circuit Court’s time-barred dismissal of appellant Larry Hammett’s motion to reinstate his claim …
Article • October 28, 2015
$30,000 for Vermont Woman Who Sees Boyfriend Tasered by $30,000 for Vermont Woman Who Sees Boyfriend Tasered The State Attorney’s Office of Vermont settled, in December 2013, for $30,000 an emotional distress suit with the live-in girlfriend of a mentally-ill man who was fatally tasered by a state trooper on …
Violence in Texas Prisons Tied to Mental Illness by Violence in Texas Prisons Tied to Mental Illness Conclusions of a longitudinal study found that the most violent Texas prisons also house the highest percentage of mentally ill prisoners. The study conducted by the Texas Tribune from 2006 to 2012 collected …
Federal Court Denies Absolute Immunity to Parole Officers by Christopher McWhorter Federal Court Denies Absolute Immunity to Parole Officers by J. Christopher McWhorter The district court for the Southern District of New York denied claims that parole officers were acting in a quasi-judicial role when they forbade a registered sex-offender …
Federal Court Abused Discretion in Denying Wrongful Death Claim with Prejudice by Federal Court Abused Discretion in Denying Wrongful Death Claim with Prejudice The Court of Appeals for the Seventh Circuit has affirmed a lower court’s dismissal of deliberate indifference claims against a sheriff and health care provider for a …
Article • October 27, 2015
No PRA Sanctions for Washington Prisoners Absent Bad Faith by Mark Wilson No PRA Sanctions for Washington Prisoners Absent Bad Faith by Mark Wilson On October 29, 2013, the Washington State Court of Appeals held that prisoners are ineligible for Public Records Act (PRA) violation sanctions, without a showing of …
Article • October 27, 2015
Filed under: Appeals, Qualified Immunity
Alabama Supreme Court to Resolve Law Granting Jailer Immunity by Alabama Supreme Court to Resolve Law Granting Jailer Immunity The Eleventh Circuit Court of Appeals certified two questions to the Alabama Supreme Court to assist in the application of a state law that provides jailers the same immunity state executive …
Article • October 27, 2015
Idaho Judge Reviews Jail's Medical Care after HIV-Positive Prisoner's Petition by Joe Watson Idaho Judge Reviews Jail's Medical Care after HIV-Positive Prisoner's Petition by Joe Watson An HIV-positive prisoner's habeas corpus petition finally forced a judge in December 2013 to review prisoner health care at the Twin Falls County, Idaho …
Mississippi Private Prisons Have High Prisoner Assault Rates by Matthew Clarke Mississippi Private Prisons Have High Prisoner Assault Rates by Matt Clarke A report on the number of prisoners assaulted in Mississippi prisons shows that the assault rates in private prisons average two to three times the rate of assaults …
Article • October 27, 2015
Concerns about Michigan Prisoners’ Lost Property Claims by David Reutter Concerns about Michigan Prisoners’ Lost Property Claims by David Reutter Fearing many Michigan prisoners’ claims for lost or damaged property may be fraudulent, state officials are looking for ways to end such abuse. The Michigan Department of Corrections (MDOC) paid …
$150,000 Settlement in Suit over Kansas Jail Prisoner's Death by $150,000 Settlement in Suit over Kansas Jail Prisoner's Death by Matt Clarke On December 17, 2012, the County Commissioners of Shawnee County, Kansas voted to settle for $150,000 a state lawsuit by the estate and heirs of a prisoner who …
Article • October 27, 2015
Attorney Fees against Indigent Defendant Vacated by Attorney Fees against Indigent Defendant Vacated On July 23, 2014, the Oregon Court of Appeals vacated an order imposing $400 in attorney fees against a mentally ill, homeless criminal defendant who faced deportation due to his inability to pay. Oregon law authorizes trial …
Article • October 27, 2015
$2.8 Million Settlement in Washington DOC’s Failure to Supervise Parolee by $2.8 Million Settlement in Washington DOC’s Failure to Supervise Parolee The State of Washington paid $2.8 million to settle a lawsuit for injuries incurred by its failure to supervise a parolee. The Washington Department of Correction (WDOC) placed Richard …
$3 Million Settlement in Florida County Detainee’s Withdrawal Symptom Death by $3 Million Settlement in Florida County Detainee’s Withdrawal Symptom Death Orange County, Florida, paid $3 Million to settle a lawsuit that alleged a pre-trail detainee died from drug withdrawal symptoms caused by the failure to provide her required methadone …
Article • October 27, 2015
$20,500 paid in NY Prisoner’s Slip and Fall by $20,500 paid in NY Prisoner’s Slip and Fall A New York prisoner received $20,000 for an injury he suffered while on a prisoner work crew. As the prisoner tried to descend from a roof, he slipped on an area where the …
Article • October 27, 2015
Filed under: Telephone Access
$54,000 Attorney Fee and Cost Award in Successful First Amendment Litigation by $54,000 Attorney Fee and Cost Award in Successful First Amendment Litigation A Michigan federal district court granted $53,562.57 in attorney fees and costs to the plaintiff in a civil rights action alleging violations of his First Amendment rights …
Article • October 27, 2015
$200,000 Settlement Recommended for Innocent Arkansas Man who Spent 5 Years Imprisoned by $200,000 Settlement Recommended for Innocent Arkansas Man who Spent 5 Years Imprisoned The Arkansas Claims Commission recommended Rodney Bragg receive $200,000 for the five years he was falsely imprisoned. Bragg was convicted on January 19, 1996 for …
Court Reverses Denial of Jail’s Qualified Immunity Defense by Court Reverses Denial of Jail’s Qualified Immunity Defense On December 23, 2013, the United States Court of Appeals for the Eleventh Circuit held for appellants, the supervisory defendants, in a 42 U.S.C. §1983 suit raised by plaintiff/appellee Cindy Laine Franklin asserting …
$1,250 Settlement for CCA Prisoner Subjected to Pepper Spray by $1,250 Settlement for CCA Prisoner Subjected to Pepper Spray Corrections Corporation of America (CCA) reached a $1,250 settlement in a prisoner’s negligence claim stemming from the improper use of chemical agents and failure to provide proper medical care afterwards. While …
Article • October 27, 2015
$25 Million Awarded to Innocent Illinois Prisoner Incarcerated for 16 Years by $25 Million Awarded to Innocent Illinois Prisoner Incarcerated for 16 Years In January 2012, a jury in the U.S. District Court for the Northern District of Illinois awarded plaintiff Thaddeus Jimenez $25,000,000 after prevailing in his civil rights. …
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