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Brief • July 18, 2006
Gallagher, et al. v. San Mateo County Sheriff ‘s Office, et al, CA, Amended Complaint, 2006 Case 4:04-cv-00448-SBA 1 2 3 4 5 6 7 8 Document 48-1 Filed 07/18/2006 Page 1 of 13 Andrew C. Schwartz (State Bar No. 64578) Thom Seaton (State Bar No. 62713) CASPER, MEADOWS, SCHWARTZ …
North Carolina Pays $43,500 to Women Strip-Searched By Prisoners by by Michael Rigby The North Carolina Department of Corrections (DOC) has paid $43,500 to four women who were subjected to strip and body-cavity searches performed by other prisoners and to a fifth who was beaten when she refused to undress. …
Brief • December 6, 2005
Gallagher, et al. v. San Mateo County Sheriff ‘s Office, et al, CA, Order, 2006 FIDLER v. SAN MATEO COUNTY SHERIFF'S OFFICE, No. C-04-1404 SC. (N.D. Cal. Dec 06, 2005) United States District Court, N.D. California. FIDLER v. SAN MATEO COUNTY SHERIFF'S OFFICE No. C-04-1404 SC. (N.D. Cal. Dec 06, …
Brief • November 23, 2005
McCloud v. Fortune, FL, Plf Omnibus Memo, Unwarranted Invasive Bodily Search, 2005 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ARNETTA McCLOUD, FREDDY McCLOUD, CYNTHIA McCLOUD, MARCUS FRASIER, BARBARA KING, BERNARD KING and CHESLEY KING, CASE NO: 4:05cv-101-RH-WCH Plaintiffs, vs. KENNETH W. FORTUNE, Sheriff of Jefferson County, in …
Failure to Allege Imminent Threat Precludes Justification Defenses in BOP Weapons Prosecution by The Seventh Circuit Court of Appeals held that the district court did not error in excluding evidence or argument regarding affirmative defenses of necessity and duress in trials for prisoners' weapon possession. On May 18, 1999, Terry …
New York Strip Search Punitive Damage Award Vacated by The Court of Appeals for the Second Circuit reversed the award of $5 million in punitive damage award against the City of New York for an unlawful strip and body cavity search of a misdemeanant arrestee. The court held that punitive …
Prisoner Strip Search Warrants Fourth Amendment Analysis by Ronald Young The court of appeals for the Fifth circuit held that a prisoner's Fourth Amendment claim alleging unreasonable multiple strip searches performed on him by a female guard were not frivolous, as would warrant dismissal under the PLRA. The court also …
CCA Settles Youngstown Suit for $2.48 Million by by Alex Friedmann On March 1, 1999 the Corrections Corp. of America agreed to pay $1.65 million plus $803,000 in attorney fees and expenses to settle a class-action lawsuit filed by Washington, D.C. prisoners at the company's Northeast Ohio Corr. Center in …
No Qualified Immunity for Texas Sheriff and CCRI Guards Who Abused Missouri Prisoners by by Matthew Clarke Afederal district court in Texas has ruled that prisoners who were kicked, bitten by dogs, shocked, and subjected to a public strip and body cavity search by untrained, improperly supervised private guards during …
Probable Cause Required for Visitor Body Cavity Search by A federal district court in Utah held that prison officials must have probable cause and a valid search warrant before subjecting a prison visitor to a body cavity search. Stana Laughter is married to a Utah state prisoner. Laughter visited her …
Article • April 15, 1997 • from PLN April, 1997
No Immunity for Eighth Amendment Violation in Rectal Search by The court of appeals for the ninth circuit reversed a jury verdict which had found prison officials had violated a prisoner's eighth amendment rights during a rectal search but that they were entitled to qualified immunity for doing so. The …
Departing Visitor Cannot Be Searched -- Strip Search Okay by In the February, 1995, issue of PLN we reported Spear v. Sowders, 33 F.3d 576 (6th Cir. 1994) in which the court of appeals for the sixth circuit held that both the strip search and the car search of a …
Guard's Rectal Search States Claim by Afederal district court in New York has ruled that use of a chokehold on an unresisting prisoner in order for guards, rather than medical personnel, to perform a digital rectal search states a claim to be resolved at trial. Narcissus Dellamore, a New York …
Trial Required on Clothing Claim by When prison guards apply force maliciously and sadistically, they are violating the eighth amendment and can be held liable for their actions. Courtney Wilkens is a Missouri state prisoner. Prison guards claimed Wilkens was wearing gang colors in the prison dining hall and attempted …
No Immunity for Visitor Strip Search by Tina Spear regularly visited her boyfriend, Daniel Wade, at the Northpoint Training center, a Kentucky state prison. Upon arriving for a visit on Christmas day in 1990 prison officials told her she would not be allowed to visit Wade unless she submitted to …
Article • November 15, 1994 • from PLN November, 1994
WA Digital Probe Suits Barred by In 1984 the Washington state DOC opened two control units and initiated a policy whereby all prisoners transferred to the Intensive Management Units (IMU) were subjected to a digital rectal probe, or digital rape, upon entry. The "searches" were conducted on a blanket basis …
Article • May 15, 1993 • from PLN May, 1993
WA Prisoners Lose Damages in Rectal Probe Suits by In the mid 80's the Washington DOC built two control units called Intensive Management Units (IMU's). One of the policies they implemented was a mandate that all prisoners entering or leaving the IMUs would be subjected to a rectal probe (also …
Court Cannot Supply Elements of Complaint by Joseph Pena is a prisoner at the Washington State Penitentiary. He was subjected to a digital rectal search without probable cause and filed suit under § 1983. Prison officials sought dismissal of the complaint on grounds Pena had failed to state a claim …
Medical Treatment Cannot Be Delayed to Coerce Confession by Medical Treatment Cannot Be Delayed To Coerce Confession Wesley Taylor is a Missouri state prisoner who suffered a ruptured appendix. Upon arriving at the prison hospital, vomiting blood and in extreme pain, the prison doctor asked him if he had swallowed …
Washington Feces Watch and Visiting Policy Create Liberty Interest by Rogaciano Mendoza was a prisoner at the Washington State Penitentiary (WSP) at Walla Walla in 1989 when prison officials discovered a broken balloon containing a white substance in the visiting room bathroom being used by Mendozas 6 children. Mendoza was …
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