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No Liability for Prison Killing by Mass Murderer by The decedent was brutally murdered by another prisoner who had previously murdered his two sons, his girlfriend, and a prostitute, who had a non-trivial disciplinary record, and who had written a letter to the warden from segregation describing himself as homicidal …
Police Chief Subject to Discovery in Killing by Cop by The court cites law acknowledging the "need for controlling the use of subpoenas against high government officials," which usually requires a showing of "compelling need and extraordinary circumstances." The court questions whether a police chief is a "high government official," …
Okay for Prosecutor to Ask Defendant’s Daughter to Elicit Confession by The assistant district attorney arranged for a criminal defendant's daughter to visit his cell in the absence of his counsel and urge him to confess. The ADA could reasonably have believed that his conduct was not illegal, since prior …
Article • August 15, 2008
$1 Million Settlement After Florida Teen's Shooting Death by Police by Delray Beach, Florida residents Kenneth Miller and Terry Glover brought a § 1983 action against the city and rookie policeman Barren Cogoni for negligence and excessive force after Cogoni shot and killed Jerrod Miller in 2005. The suit settled …
Article • August 15, 2008
OH Mental Health Service Not Subject to Public Records Act by The state of Ohio created a mental health services board (Board) which was to contract with and govern private mental health providers to ensure that even indigents and the uninsured could receive mental health services. The Board in Stark …
Article • August 15, 2008
MI Prisoner’s Estate’s Wrongful Death Suit Dismissed Because He Caused His Own Death by Swallowing Illegal Drugs by On an undisclosed date, Michigan resident Terance Graham was arrested for marijuana possession. Just before his arrest he swallowed an ounce of cocaine. Later, at the Washtenaw County Jail, he complained that …
Article • August 15, 2008
Louisiana Sheriff Immune When Litter-Crew Prisoners Injured by On April 5, 2006, a Louisiana Court of Appeals held that a prisoner who was injured while working on a litter-abatement crew for the sheriff could not sue the sheriff unless he proved gross negligence or an intentional act by the deputy …
California Rehabilitation Facilities Not Responsible for Escaped Residents’ Criminal Actions by California state residents Jasper Rice and Jennifer Asbury (plaintiffs) appealed the dismissal of their negligence action against Center Point, Inc. and Humbolt Recovery Center (defendants). Four of the defendant’s residents had escaped from the rehabilitation facility and stabbed the …
Article • August 15, 2008
Fall From Top Bunk During Seizure Nets $1,350,000 by A Nebraska prisoner who was injured when he fell from a top bunk during a seizure was awarded $1,350,000. Mr. Wright, a Nebraska prisoner, was assigned to an upper bunk when he had a seizure and fell out of bed. He …
Article • August 15, 2008
N.Y. Injured Prisoner Held Partially Liable For Facility's Inadequate Equipment And Supervision by New York State prisoner Charles Moran brought suit against the state for labor law violations and improper supervision and equipment after falling from a ladder at the Watertown Correctional Facility (WCF) in 2002. The labor law claims …
PA Prisoner’s Civil Rights Action Viable Because Factual Dispute Exists by Vincent Cortlessa, a Pennsylvania state prisoner, sued guards and Primecare Medical, a private health care company, in federal district court after the guards beat him and the health care company failed to provide adequate care. He argued that these …
Pearson v. Callahan, SCOTUS, Amicus Brief for Respondent, 2008 No. 07-751 IN THE Supreme Court of the United States CORDELL PEARSON, et al., Petitioners, v. AFTON CALLAHAN, _______________________________ Respondent. ON WRIT OF CERTIORARI TO THE U NITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT BRIEF OF AMICI CURIAE NATIONAL …
Brief • August 13, 2008
Filed under: Qualified Immunity
Pearson et al v. Callahan, US, Amicus Brief - NPAP and AAJ, qualified immunity Saucier, 2008 No. 07-751 IN THE Supreme Court of the United States CORDELL PEARSON, et al., Petitioners, v. AFTON CALLAHAN, _______________________________ Respondent. ON WRIT OF CERTIORARI TO THE U NITED STATES COURT OF APPEALS FOR THE …
Once Again, Former Florida DOC Secretary Faces Liability in Prisoner Beating; Case Settled for $400,000 by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that the former warden of the Florida State Prison (FSP) was not entitled to qualified immunity in a civil rights …
CCA Fined $140,000 for Early Release of Prisoners at FL Jail; Quits Contract by The nation’s largest private prison firm, Corrections Corporation of America (CCA), has once again upset county officials by repeatedly failing to control vital jail operations. The company responded by discontinuing its contract to operate the facility. …
Grand Jury Report, Four Nebraska Jail Guards Indicted in Prisoner’s Death by David Reutter by David M. Reutter Finding there was probable cause that four guards at Nebraska’s Omaha Police Detention Unit (OPDU) failed to render medical care to a prisoner which contributed to his death, a Douglas County grand …
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
New Hampshire Prisoner May Use Non-Mutual Offensive Collateral Estoppel by On January 17, 2006, a federal district court in New Hampshire ruled that a prisoner may use non-mutual offensive collateral estoppels for facts established in another prisoner's lawsuit to prove that jail conditions were governed by official policy, custom, or …
Article • July 15, 2008
$50,000 Jury Award To Massachusetts Nurses Wrongfully Discharged By Correctional Medical Services by Two Massachusetts nurses, Fitzgerald and Landry, brought suit against Correctional Medical Services (CMS) for defamation of character after being fired over baseless accusations of one alleged eyewitness. The jury awarded them $50,000 collectively. After holding a door …
8th Circuit Upholds Dismissal of False Imprisonment Action by The Eighth Circuit Court of Appeals upheld a lower court’s grant of summary judgment to Defendants on a false imprisonment claim. On January 2, 1983, James Buckley was murdered in St. Louis, Missouri. Ellen Maria Reasonover came forward as a witness …
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