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Gericke v. Begin, NH, Order on Motion for Summary Judgment, Recording Police Stop, 2012
Brief • October 15, 2012
Filed under: Police Misconduct, Police Searches, First Amendment, Police
Gericke v. Begin, NH, Order on Motion for Summary Judgment, Recording Police Stop, 2012 Case 1:11-cv-00231-SM Document 57 Filed 10/15/12 Page 1 of 29 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Carla Gericke, Plaintiff v. Case No. 11-cv-231-SM Opinion No. 2012 DNH 184 Gregory C. Begin; James J. Carney; …
Denial of Attorney’s Fees and Costs Reversed in New Hampshire Public Records Suit
Article • May 15, 2012
Filed under: Attorney Fee Awards, Costs, Disclosure of Records, Freedom of Information Act, News, State Legislation
Denial of Attorney’s Fees and Costs Reversed in New Hampshire Public Records Suit by The New Hampshire Supreme Court vacated a trial court's denial of costs under the State's "Right-to-Know Law," RSA chapters 91A and 215.A (2001 & Supp 2006). ATV Watch (ATV), a non-profit organization, monitors the use and …
New Hampshire Supreme Court Reverses Dismissal of Indictments against Prisoner for Conduct Exposing Corrections Employee to Bodily Substances
Article • November 15, 2011
Filed under: Criminal Prosecution, Guards/Staff, Assaults on Staff
New Hampshire Supreme Court Reverses Dismissal of Indictments against Prisoner for Conduct Exposing Corrections Employee to Bodily Substances by Derek Gilna By Derek Gilna In a November 30 decision, the New Hampshire Supreme Court reversed a dismissal of indictments against Timothy Spade, a prisoner at the Hillsborough County House of …
Thou Shalt Not: Sexual Misconduct by Prison and Jail Chaplains
Article • September 15, 2010 • from PLN September, 2010
Filed under: Sexual Assault, Staff-Prisoner Assault, Staff-Staff Assault, Corrections Corporation of America/CoreCivic, Staff-Prisoner Harassment, Staff-Staff Harassment, Supervisor-Staff Harassment, Guard Misconduct, Jail Misconduct, Clergy, Failure to Protect (Juveniles), Juvenile Prisons
Thou Shalt Not: Sexual Misconduct by Prison and Jail Chaplains by David Reutter by David M. Reutter Traditionally, the role of a chaplain in the correctional setting is to serve as a spiritual advisor to prisoners and help them meet the requirements of their religious faiths. Equally traditionally, chaplains have …
Delamota v. Wrenn, NH, Amended Declaration, Prison Negligence, 2010
Brief • 2010
Filed under: Pain, Injury -- Misc., Conditions of Confinement, Failure to Protect (General), Eighth Amendment, Failure to Protect (Staff), Fourteenth Amendment, rights
Delamota v. Wrenn, NH, Amended Declaration, Prison Negligence, 2010 AMENDED DECLARATION GEOVANNY DELAMOTA 455 Pine Street, Room 216 Manchester, NH 03104 v. WILLIAM WRENN, COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS, CORRECTIONS CORPORAL DENNIS DUBE, AND JOHN AND JANE DOES 105 Pleasant Street Concord, NH 03302 PARTIES GEOVANNY DELAMOTA, was at …
Jury Awards $80,001 to New Hampshire Prisoner for Guard Beating
Article • March 15, 2010 • from PLN March, 2010
Filed under: Guard Misconduct, Attorney Fee Awards, PLRA, Attorney Fees (PLRA), Guard Brutality/Beatings, Restraints, Damages
Jury Awards $80,001 to New Hampshire Prisoner for Guard Beating by On September 18, 2009, a federal jury awarded a New Hampshire state prisoner $80,000 in punitive damages for a violation of his Eighth Amendment rights, plus $1 in nominal damages. While incarcerated at the New Hampshire State Prison for …
New Hampshire City Ordinance Restricting Sex Offender Residency Found Unconstitutional
Article • January 15, 2010 • from PLN January, 2010
Filed under: Discrimination, Sex Offender Residence
New Hampshire City Ordinance Restricting Sex Offender Residency Found Unconstitutional by On July 30, 2009, a New Hampshire state district court held that a city ordinance restricting where sex offenders could live violated the Equal Protection Clause of the New Hampshire Constitution. Richard Jennings, a resident of Dover, was charged …
$1.95 Million Awarded to New Hampshire Guards Falsely Accused of Assaulting Prisoner
Article • January 15, 2010 • from PLN January, 2010
Filed under: Guard Misconduct, Work, Inability to Work, Workplace Injury, Workers' Compensation, Guard Brutality/Beatings, Damages, Employee Litigation
$1.95 Million Awarded to New Hampshire Guards Falsely Accused of Assaulting Prisoner by David Reutter A New Hampshire jury awarded two former prison guards nearly $2 million upon finding that two of their co-workers had lied about a confrontation with a prisoner, which resulted in their firing. After guards Shawn …
First Circuit Awards Defendant Costs Under FRCP 68; Plaintiff Rejected $10,000 Offer, Was Awarded $5,500
Article • June 15, 2009 • from PLN June, 2009
Filed under: Guard Misconduct, Threats by Staff, False Charges (Disciplinary Hearings), Toilets, Water, Civil Procedure, Damages
First Circuit Awards Defendant Costs Under FRCP 68; Plaintiff Rejected $10,000 Offer, Was Awarded $5,500 by Mark Wilson First Circuit Awards Defendant Costs Under FRCP 68; Plaintiff Rejected ?$10,000 Offer, Was Awarded $5,500 by Mark Wilson The First Circuit Court of Appeals has awarded a defendant costs under Federal Rule …
Sexual Abuse by Prison and Jail Staff Proves Persistent, Pandemic
Article • May 15, 2009 • from PLN May, 2009
Filed under: Staff-Prisoner Assault, Private Prisons, Corrections Corporation of America/CoreCivic, Cornell Corrections, GRW Corp., Staff-Prisoner Harassment, Guard Misconduct, DOC/BOP misconduct, Jail Misconduct, Criminal Prosecution
Sexual Abuse by Prison and Jail Staff Proves Persistent, Pandemic by Gary Hunter Sexual assault, rape, indecency, deviance. These terms represent reprehensible behavior in our society. They also represent recurring themes in our nation’s prisons – not only by prisoners, but also by guards and other staff members. PLN’s August …
More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case
Article • February 15, 2009 • from PLN February, 2009
Filed under: Guard Misconduct, Retaliatory Discipline, False Charges (Disciplinary Hearings), Clothing, Showers, Toilets, Water, Strip Cells, Bedding, Hygiene Supplies, PLRA, Attorney Fees (PLRA), Restraints, Damages, Settlements, Costs, Telephone Access, Mail Regulations
More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case by More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case Three prisoners involved in two federal civil rights lawsuits against officials of the Hillsborough County House of Corrections in New Hampshire (the jail) were awarded …
Former New Hampshire Deputy Forced Non Compensated Labor On Prisoners
Article • January 15, 2009
Filed under: Work Release, Misconduct/Corruption, Guard Misconduct, Police Misconduct, Jail Misconduct, Prison Labor, Work Conditions/Safety, Workers' Compensation, Criminal Prosecution
Former New Hampshire Deputy Forced Non Compensated Labor On Prisoners by Bob Williams By: Bob Williams Portsmouth, New Hampshire former deputy sheriff Matthew Ejma received 200 hours of community service and a $2,500 fine after using Portsmouth Jail work release prisoners for his personal gain. The prisoners were never compensated …
Substandard Pretrial Confinement Conditions Justify Downward Sentence Variance
Article • January 15, 2009
Filed under: Totality of Conditions, Overcrowding, Exposure to Cold, Showers, Plumbing, Sewage, Exposure to Heat, Sentencing, U.S. Sentencing Guidelines
Substandard Pretrial Confinement Conditions Justify Downward Sentence Variance by by David M. Reutter A New Jersey federal district court has granted a downward variance to a federal prisoner’s sentence on the grounds that to do otherwise, when considering the pretrial conditions of confinement, would constitute excessive punishment. The court’s ruling …
Roy v. Wrenn, NH, Instruction, Interrogatories, 2009
Brief • January 1, 2009
Filed under: Custodial Interrogations/Statements, Confessions and Statements of Defendant
Roy v. Wrenn, NH, Instruction, Interrogatories, 2009 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE --------------------------------------------------------------X STEVEN ROY, PRAYER FEATHER FARROW ) CHARLES WOLFF, ERIC CHAPLIN, JOEL ) SMITH, JOHN GOSSELIN, BRUCE USHER AND) WILLIAM JOHNSON, ) Plaintiff ) ) VS. ) ) WILLIAM WRENN, RICHARD GERRY, LARRY) BLAISDELL, DR. …
New Hampshire Prisoner’s ADA Claim Survives Summary Judgment
Article • December 15, 2008 • from PLN December, 2008
Filed under: Discrimination, Disabled Prisoners, Nervous System, Americans with Disabilities Act
New Hampshire Prisoner’s ADA Claim Survives Summary Judgment by The First Circuit Court of Appeals reversed a New Hampshire federal district court’s summary judgment order that concluded a prisoner had failed to demonstrate prison officials violated his rights under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. …
Sanabria v. Hillsborough County, NH, Deposition, employee sex bias jail prisoner abuse, 2007
Brief • September 8, 2008
Filed under: Retaliation against Staff, Failure to Treat, Failure to Protect (General), Guard Brutality/Beatings, Restraints, Failure to Treat (Mental Illness)
Sanabria v. Hillsborough County, NH, Deposition, employee sex bias jail prisoner abuse, 2007 COpy ~_ •. r THE UNITED STATES FEDERAL COURT FOR THE DISTRICT OF NEW HAMPSHIRE * * * * * * * * * * * * DORIS SANABRIA, * * Plaintiff, * v. * HILLSBOROUGH COUNTY …
Deposition Objections Discussed
Article • August 15, 2008
Filed under: Civil Procedure, Discovery, Depositions
Deposition Objections Discussed by The 1993 amendments to Rule 30, Fed.R.Civ.P., which require objections in depositions to be stated "concisely and in a non-argumentative and non-suggestive manner," were a response in part to speaking and coaching objections like "if you know" and "if you remember." The court condemns plaintiff's attorneys' …
New Hampshire DOC Union Representative Ordered to Reveal Client Admissions
Article • August 15, 2008
Filed under: Attorney Client, Civil Procedure, Discovery, Guard Unions
New Hampshire DOC Union Representative Ordered to Reveal Client Admissions by An unnamed New Hampshire Department of Corrections (DOC) union representative (petitioner) appealed a court's refusal to quash a subpoena requiring him to testify before a grand jury. The state Supreme Court denied his appeal and ordered that he reveal …
New Hampshire Prisoner May Use Non-Mutual Offensive Collateral Estoppel
Article • July 15, 2008
Filed under: Evidentiary Ruling, Estoppell, Immunity/Liability, Municipal Liability
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 …
Brown v. Nashua, NH, Complaint, jail wrongful death medical neglect, 2008
Brief • May 23, 2008
Filed under: Jail Misconduct, Systemic Medical Neglect, Jail Specific, Medical Neglect/Malpractice
Brown v. Nashua, NH, Complaint, jail wrongful death medical neglect, 2008 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE ----------------------------------------------------------------------X MAUREEN P. BROWN, as Administrator of the ) Estate of CATHERINE A. WADE, ) ) Plaintiff, ) ) ) vs. ) CITY OF NASHUA, NASHUA POLICE DEPARTMENT ) DETENTION SPECIALISTS …
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