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Former Female Prisoners Settle Sexual Abuse Lawsuit in Virginia by State officials at Virginia’s Pocahontas Correctional Unit have reached a settlement agreement with nine former female prisoners who sued after being sexually abused by prison employees. The terms of the settlement, which was approved by the Governor’s office in July …
Ninth Circuit: Washington Law Creates Liberty Interest in Sex Offenders’ Early Release to Community Custody by Ninth Circuit: Washington Law Creates Liberty Interest in Sex Offenders’ Early Release to Community Custody A divided panel of the Ninth Circuit U.S. Court of Appeals held that Washington State statute RCW § 9.94A.710(1) …
Fondled Hawaiian Transexual Prisoner Awarded $817,500 in Damages and Attorney Fees by Matthew Clarke Fondled Hawaiian Transexual Prisoner Awarded $817,500 in Damages and Attorney Fees by Matt Clarke On March 18, 2008, Hawaiian First Circuit Court Judge Sabrina S. McKenna awarded a pre-operative transgendered prisoner who had been sexually abused …
Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter Racist jokes, sexually explicit photos, love notes to his mistress and evidence of improper political campaigning were found in the e-mail account …
TASER International’s Stock Shocked By $6.2 Million Damages Award by John Dannenberg TASER International’s Stock Shocked By $6.2 Million Damages Award by John E. Dannenberg The stock of TASER International, Inc. tanked by 11% to $6.13 per share on June 9, 2008 when three days earlier a federal jury in …
Article • October 15, 2008 • from PLN October, 2008
$7,025 Award in Slip and Fall From Ohio Prison Bunk by The Ohio Court of Claims has awarded a former Ohio prisoner $7,025 for injuries related to a slip and fall from a prison bunk. Stacy Rose slipped and fell while climbing down from his bunk at the Chillicothe Correctional …
Failure to Name Defendant in Administrative Appeal Does Not Foreclose Including Him in § 1983 Complaint by The Third Circuit U.S. Court of Appeals ruled that when a defendant in a prisoner’s 42 U.S.C. § 1983 civil rights complaint had participated in the administrative grievance process, but had not been …
Article • October 15, 2008 • from PLN October, 2008
$305,021 Awarded to Missouri Prisoner Struck by Tree; State Legislature Takes Note by Brandon Sample $305,021 Awarded to Missouri Prisoner Struck by Tree; State Legislature Takes Note by Brandon Sample A Missouri prisoner was awarded $305,021 after being struck by a tree. In February 2000, Hortense Cain, a female prisoner …
Article • October 15, 2008 • from PLN October, 2008
$449,000 Settlement in BIA Prisoner’s Fall from Top Bunk in Detox Cell by $449,000 Settlement in BIA Prisoner’s Fall from Top Bunk in Detox Cell The United States has settled a lawsuit alleging negligent supervision and observation of a prisoner who fell from a top bunk. While the settlement was …
$1.95 Million for 18 Years Wrongful Imprisonment in North Carolina by On February 16, 2007, a North Carolina man who spent 18 years in prison for a rape he didn’t commit settled with the State and the City of Winston-Salem for $1,958,454. Darryl Hunt, a black man, was imprisoned in …
Horton v. CCA, TN, Deposition - Gardner, whistleblower mentally ill segregation negligence, 2008 BRASWELL.HORTONV. CCA / DEPOOF BRIAN GARDNER SHEET 1 1 PAGE 3 PAGE 1 IN FOR THE THE DISTRICT COI]RT STATES DISTRICT OF TENNESSEE UNITED MIDDLE 2 1 A 2 For 3 4 MAP / BRASWE-L, as conservd-or …
Horton v. CCA, TN, Deposition - Perry, whistleblower mentally ill segregation negligence,2008 BRASWELL,HORTONV. CCA / DEPOOF PATRICKPERRY IN FOR - .-. I U PAGE 3 PAGE 1 SHEET 1 J IVHKI a of FRANK D. indiwidually, THE THE COURT DISTRTCT STATES DlSTRICT OF TENNESSEE UNITED MIDD]-E APPEARANCE 2 For the …
Article • September 15, 2008 • from PLN September, 2008
New York Prisoner Awarded $21,500 for Finger Injury by On September 13, 2007, a court of claims in Syracuse, New York, awarded $12,500 to a state prisoner for pain and suffering related to a broken finger. While imprisoned at the Oneida Correctional Facility on October 24, 2001, state prisoner Patrick …
PLN Wins Kansas Censorship Suit by Michael Rigby by Michael Rigby On October 1, 2007, in a lawsuit filed by Prison Legal News (PLN), the U.S. District Court for the District of Kansas held that a Kansas prison policy limiting the amount of money prisoners can spend on publications, a …
Brief • September 15, 2008
Cameron v. City of New York, NY, Pltf Memorandum Motion in Limine, police misconduct training, 2008 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------X KAREN CAMERON and SYLVIA ) HIGGENBOTTOM, ) Plaintiffs, ) ) - against ) ) THE CITY OF NEW YORK, et al., ) ) Defendants. …
Brief • September 5, 2008
Cameron v. City of New York, NY, Motion in Limine, police misconduct training, 2008 PRELIMINARY STATEMENT Plaintiffs Karen Cameron and Sylvia Higgenbottom submit this memorandum of law in support of their pre-trial motions. In their motions, plaintiffs seek an Order, pursuant to Rules 104 and 401-403 of the Federal Rules …
“Special Circumstances” Justify Non-Exhaustion in Second Circuit by The Second Circuit Court of Appeals has excused a New York prisoner’s failure to exhaust available administrative remedies under the Prison Litigation Reform Act (PLRA). The court found that prison officials’ erroneous refusal to investigate a claim, and frustration of administrative review …
Washington DOC Settles Failure to Supervise Parolee Suit for $975,000 by Nathan Hipsher, a Washington state parolee, was using drugs, failing to participate in drug treatment and not reporting to his parole officer, who didn't have him arrested. He was living with Amber Bulus-Steed at the time, who he eventually …
ADA Upheld by Fifth Circuit by The ADA is a permissible exercise of Congress' authority under the Fourteenth Amendment to override the Eleventh Amendment. Under City of Boerne, the court must assess whether there is "congruence and proportionality" between the injury to be remedied and the means adopted. That standard …
Article • August 15, 2008
Local and State Legislators Entitled to Immunity by Local legislators, like state legislators, are absolutely immune from suit under 1983 for their "legislative activity." Although the distinction is not made completely clear, apparently this holding applies to personal liability for damages; injunctive claims are not mentioned. Whether an activity is …
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