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Article • November 15, 2011
The Ninth Circuit Court of Appeals Upholds Ban on Typewriters in Nevada Prisons by The Ninth Circuit Court of Appeals upheld a district court’s ruling that allows the Nevada Department of Corrections (NDOC) to ban prisoner typewriters. The case arose in December 2006, when Douglas Potter, a Nevada state prisoner, …
Article • July 15, 2011
Texas Prisoner’s Property Destruction Damages Properly Pleaded by Matthew Clarke By Matt Clarke A Texas court of appeals has held that a state prisoner properly pleaded damages within the minimum jurisdictional limits of the district court. Jeffery D. Westbrook, a Texas state prisoner incarcerated at the Allred Unit, filed suit …
No FTCA Claim for Property Erroneously Mailed Home By BOP; Failure to Protect Claim Cognizable by Brandon Sample No FTCA Claim for Property Erroneously Mailed Home by BOP; Failure to Protect Claim Cognizable by Brandon Sample The United States is immune from suit under the Federal Tort Claims Act (FTCA) …
Article • May 15, 2011
New York Prisoner Awarded $316.93 for Lost Property by A New York Court of Claims awarded a prisoner $316.63 for the loss of his property by prison officials. Acting pro se in the bailment claim, prisoner James Towner claimed that when his property was received from Marcy Correctional Facility at …
Article • March 15, 2011
$150 Jury Award in Prisoner’s Destroyed Property Claim by The California Department of Corrections paid $150.00 to settle a prisoner’s due process violation claim. In his complaint, Prisoner Gregory L. Rhoades claimed staff at the Corcoran Correctional Institute destroyed personal property, which consisted of family photos, his mother’s wedding ring, …
Article • March 15, 2011
$2,000 Settlement in Confiscation of DC Prisoner’s Medical Braces by The District of Columbia (DC) paid $2,000 to settle a lawsuit filed by prisoner Patrick Brady, claiming a guard confiscated his medical braces. The confiscation occurred on July 27, 1997, which was three days after doctors at the DC General …
Settlement Allows North Carolina Prisoners to Receive Compensation for Writings by David Reutter by David M. Reutter North Carolina’s Department of Corrections (NCDOC) has entered into a settlement agreement that allows prisoners to prepare for publication and receive compensation for manuscripts so long as the prisoner “authorizes a family member …
Pennsylvania Prisoner Awarded $185,000 in Civil Rights Claim; Harassment Continues by David Reutter by David M. Reutter A Pennsylvania federal jury has awarded $185,000 to a prisoner in a civil rights action alleging conspiracy, retaliation, obstruction of access to the courts and defamation of character. Pennsylvania state prisoner Andre Jacobs …
New York’s Catch-All Contraband and Anti-Smuggling Rules Unconstitutionally Vague by In a suit for damages and injunctive relief, the Second Circuit Court of Appeals affirmed the district court’s de-termination that prison prohibitions against “smuggling” and “contraband” were unconstitutionally vague as applied to Mujahid Farid, a New York state prisoner serving …
Washington DOC Pays Work Release Prisoner Back $3,660 Confiscated in Room Search by In January 2007, Washington state prisoner, Kenneth Lee, was housed at a work release facility in Seattle. During a search of his room, DOC staff discovered $3,600 in cash, which was confiscated because it exceeded the $60 …
Article • January 15, 2010
Prisoners’ Right to Receive Subscription Mail Clearly Established in Ninth Circuit in 2001 by Eric K. Dannenberg, a California state prisoner, filed a pro se civil rights suit under 42 U.S.C. § 1983 in federal district court alleging that, while he was incarcerated in the transient section at the Wasco …
Article • December 15, 2009
Court Okays Sale Of Unabomber’s Property by The U.S. Court of Appeals for the Ninth Circuit has rejected an appeal by Theodore Kaczynski, better known as the “Unabomber,” challenging the sale and disposition of Kaczynski’s personal property that was seized during the underlying investigation into his bombings. In 2006, the …
Article • September 15, 2009
$2,824.70 Settlement in Lost Property by Washington State’s King County Jail has paid $2,824.70 to settle the lost property claim of James B. Trapp, who entered the jail on November 30, 2001. The jail lost his driver’s license, personal and work keys, a chain and cross, pants, sweatshirt, shirt, hat, …
Article • September 15, 2009
$1,000 Settlement for Lost Property by Seattle Jail by Washington State’s King County paid $1,000 to settle the claim of Anloueshawn Jerraine Brady for property lost at the Regional Justice Center Jail on March 19, 2001. Lost were 2 white gold men’s Figaro bracelets. Acting pro se, Brady settled the …
Article • September 15, 2009
$2,000 Settlement for Prisoner Property Lost by Seattle Jail by Washington State’s King County Jail paid $2,000 to settle the lost property lawsuit of Paul Brueggemann, who claimed that on October 16, 2006, the Jail seized his property without issuing a receipt and it was never seen again. Lost were …
Article • September 15, 2009
$3,700 Award in NY DOCS Medical Negligence/Lost Property Claim by A New York Court of Claims awarded a prisoner $3,732.68 plus interest, for claims of medical negligence and lost property. Stephen Grant, a prisoner at Gowanda Correctional Facility, was assaulted on July 10, 1996 by members of a prison gang …
Article • September 15, 2009
$5,000 Settlement for Improper Property Release by Seattle Jail by Washington State’s King County paid $5,000 to settle the lawsuit of Mick Robertson, who claimed that when he was arrested in December 12, 2000, he possessed a banker’s box that contained automobile titles for Greenlight Auto. The assault charge Robertson …
Article • September 15, 2009
Seizure of Prisoner’s Manuscript Containing Offensive Writing About Staff Does Not Violate First Amendment by On December 2, 2008, a non-jury trial was held before a Federal District Court in Pennsylvania on prisoner Wesley Harper §1983 claim against certain officials at the Smithfield State Correctional Institution (SCI) for First Amendment …
Eleventh Circuit Unpublished Decision on PLRA Administrative Exhaustion Requirements Trumped by Published Ruling by In an unpublished ruling, the Eleventh Circuit Court of Appeals held that summary judgment, rather than a motion to dismiss, was the proper procedure to determine whether a prisoner had exhausted administrative remedies under the Prison …
Article • July 15, 2009
$2,000 Settlement in Stolen Property Claim at Jail by Washington State’s King County Jail paid $2,000 to settle the property theft claim of Demetrius A. Jackson. On July 22, 2003, Jackson arrived at the Jail from the Regional Justice Center. When he was sent to prison, his property was sent …
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