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Article • January 12, 2015
Filed under: Workplace Injury
NY DOC Found 50% Liable Prisoner’s Injuries from Collapsed Chair by NY DOC Found 50% Liable Prisoner’s Injuries from Collapsed Chair A New York Court of Claims Judge has found a prisoner and the state department corrections each half responsible for injuries sustained by the prisoner when a chair collapsed …
Article • January 12, 2015
Filed under: Prisoner Property
NY Court Awards Prisoner over $400 for Lost Property by NY Court Awards Prisoner over $400 for Lost Property A New York state prisoner won a verdict recovering the value of personal property that went missing after he was transferred between prisons. The court also ordered the state to reimburse …
Article • January 12, 2015
New York Prisoner Awarded $1,170 for SHU Time Caused by Hearing Violation by New York Prisoner Awarded $1,170 for SHU Time Caused by Hearing Violation A New York Court of Claims awarded $1,170 to a prisoner for 39 days of excessive, unprivileged confinement in a Special Housing Unit (SHU) at …
Article • January 12, 2015
Filed under: Prisoner Property
New York Prisoner Awarded $153 for Lost Property by New York Prisoner Awarded $153 for Lost Property A New York Court of Claims awarded $153 to a prisoner for property lost by prison officials. The judgment also provided for an interest award and recovery of filing fees. Prisoner Sheldon N. …
Article • January 12, 2015
Filed under: Sentencing
Imprisonment Bars Mandatory Minimum $2,000 Oregon DUII Fine by Imprisonment Bars Mandatory Minimum $2,000 Oregon DUII Fine On August 6, 2014, the Oregon Court of Appeals reversed a mandatory minimum $2,000 fine for an Oregon woman’s fourth driving under the influence of intoxicants (DUII) conviction. Regina Marie Frier was convicted …
Article • January 12, 2015
NY Guard Guilty of Attacking Prisoner; Trial on Damages Ordered by NY Guard Guilty of Attacking Prisoner; Trial on Damages Ordered A New York Court of Claims judge has found a Sing Sing Correctional Facility guard 100% liable for an unprovoked attack on a prisoner, and ordered a trial be …
Article • January 12, 2015
Guard Found Liable for Excessive Force against NY Prisoner by Guard Found Liable for Excessive Force against NY Prisoner In a trial on the issue of liability only, a Coxsackie Correctional Facility (NY) guard was found liable for excessive force after he repeatedly struck a prisoner with his baton for …
Article • January 12, 2015
Florida Pretrial Detainees Properly Charged “Subsistence Costs” by Florida Pretrial Detainees Properly Charged “Subsistence Costs” The Florida Court of Appeal for the Fourth District has upheld the constitutional application of a statue and a jail’s procedures allowing pretrial detainees to be charged “daily subsistence costs.” Pretrial detainees Thomas Solomos and …
Federal Court Holds Qualified Immunity Appropriate in Officers’ Warrantless Entry and Arrests, Not in Transporting Arrestees Naked by Federal Court Holds Qualified Immunity Appropriate in Officers’ Warrantless Entry and Arrests, Not in Transporting Arrestees Naked The U.S. District Court for the Middle District of Georgia has held that three law …
Article • January 12, 2015
NY Prisoner Denied Knee Brace Wins $1,200 by NY Prisoner Denied Knee Brace Wins $1,200 Prevailing on one of his three claims, a New York state prisoner was awarded $1,200 damages after a Court of Claims trial found the state liable for not providing him with a needed knee brace. …
Article • January 12, 2015
Exchange of Court Opinions between Attorney and Prisoner Merits First Amendment Injunction by Exchange of Court Opinions between Attorney and Prisoner Merits First Amendment Injunction A Nevada federal district court granted a preliminary injunction to a prisoner and his attorney friend to enforce their First Amendment right to exchange correspondence. …
Article • January 12, 2015
CA Man Receives $720,000 Settlement for 11 Years False Imprisonment by CA Man Receives $720,000 Settlement for 11 Years False Imprisonment A Los Angeles man who spent more than a decade in prison for three murders and a rape he didn't commit will receive $720,000 to settle his lawsuit against …
Article • January 12, 2015
Dismissal of Arkansas Prisoner’s Suit over False Disciplinary Action Affirmed by Dismissal of Arkansas Prisoner’s Suit over False Disciplinary Action Affirmed On May 1, 2014, the Supreme Court of Arkansas affirmed a lower court's decision to dismiss a lawsuit filed by a state prisoner alleging that he was issued a …
Article • January 12, 2015
Discretionary Immunity Bars Oregon Prisoner’s Negligent Sentence Computation Claim by Discretionary Immunity Bars Oregon Prisoner’s Negligent Sentence Computation Claim On April 10, 2014, the En Banc Oregon Supreme Court held that Oregon prison officials were entitled to discretionary immunity on a former prisoner’s negligence claim related to confining him 13 …
Article • January 11, 2015
Filed under: Skeletal Injury
NY Prisoner Awarded $3,000 for Delay in Treating Broken Thumb by NY Prisoner Awarded $3,000 for Delay in Treating Broken Thumb A New York state prisoner was awarded $3,000 in damages after a trial in which the court found the state liable for medical negligence. Michael Brady was confined at …
Article • January 11, 2015
California Man Awarded $18 Million for False Arrest, Malicious Prosecution by California Man Awarded $18 Million for False Arrest, Malicious Prosecution In 2002 Raul Ramirez was arrested and charged with kidnapping and assault after a 16-year-old female student was abducted at gunpoint. The girl escaped when the perpetrator demanded that …
Article • January 11, 2015
Filed under: Trust Accounts, Commissary
CA Prison Canteen Price-Gouging Case Dismissed by CA Prison Canteen Price-Gouging Case Dismissed The U.S. District Court for the Northern District of California has dismissed a class action lawsuit brought by state prisoners alleging that prison officials unfairly raised canteen prices to make up for money lost in an earlier …
When Halfway Houses Pose Full-Time Problems by Derek Gilna When Halfway Houses Pose Full-Time Problems by Derek Gilna A recent interest among government officials in reducing prison populations as a way to cut costs, stemming from the 2008 Great Recession that resulted in significant budget deficits, has placed renewed emphasis …
Prison Legal News Prevails in Tennessee Public Records Suit in Spite of Sheriff’s Antics by As part of its news reporting, Prison Legal News routinely submits public records requests and Freedom of Information Act requests to government agencies. Most of the time they comply with the law and produce the …
Article • January 10, 2015 • from PLN January, 2015
“Ban the Box” Campaigns Seek to End Discrimination Against Formerly Incarcerated College Applicants by Victoria Law “Ban the Box” Campaigns Seek to End Discrimination Against Formerly Incarcerated College Applicants by Victoria Law "Selene” had been out of prison for one month when she applied to Dutchess Community College and Ulster …
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