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Article • September 5, 2018 • from PLN September, 2018
Prison Grievance Coordinator’s Responses Rendered Administrative Remedies Unavailable by David Reutter by David Reutter The Seventh Circuit Court of Appeals held that an Indiana federal district court erred in dismissing a prisoner’s civil rights action for failure to exhaust administrative remedies. The Court held the record indicated the prisoner was …
Texas Settles Suit Over Rape and Beating of Transgender Prisoner by On March 15, 2018, Lambda Legal, an organization that advocates for LGBT rights, announced the settlement of a lawsuit brought by a male-to-female transgender Texas prisoner who was beaten and raped while serving 14 years in all-male facilities. After …
Article • September 4, 2018 • from PLN September, 2018
Mother of Prisoner Who Died at Texarkana Jail Challenges $200,000 Settlement; Nurse Pleads Guilty by Matthew Clarke by Matthew Clarke On November 11, 2017, notice of a $200,000 settlement was filed in a federal lawsuit over the death of a diabetic Texarkana jail prisoner who died after a nurse ignored …
Article • September 4, 2018 • from PLN September, 2018
Ohio Settles Suit Over Sexual Assault of Prisoner for $525,000 by Matthew Clarke by Matt Clarke In November 2017, Ohio state officials agreed to pay $525,000 to settle a lawsuit over the repeated sexual assault of a female prisoner. Chesterland, Ohio attorney David B. Malik represented Dorothea Reynolds, who was …
Article • September 4, 2018 • from PLN September, 2018
Nevada County Settles Lawsuit Over Jail Prisoner’s Death for $500,000 by Matthew Clarke by Matthew Clarke In September 2017, Washoe County, Nevada settled a lawsuit brought by the parents of a man who died after a struggle with deputies at the county jail. Reno police arrested Justin Thompson, 35, and …
Los Angeles County Settles Lawsuit over Jail Prisoner’s Suicide for $1.7 Million by Matthew Clarke by Matt Clarke On October 16, 2017, the Los Angeles County Board of Supervisors approved a $1.7 million settlement in a lawsuit brought by the family of a man who committed suicide at the Twin …
Article • September 3, 2018 • from PLN September, 2018
Lake County, Indiana Establishes $8.2 Million Bond to Settle Jail Lawsuits by by Ed Lyon On March 25, 2015, Gregory Smith, 39, was arrested in Hobart, Indiana for driving five miles an hour over the speed limit. He was transferred to the Crown Point police, then booked into the Lake …
Article • September 3, 2018 • from PLN September, 2018
Virginia Prisoner Defeats Summary Judgment, Settles Religious Diet Case by Edward Lyon by Ed Lyon Aaron Carter is a Virginia state prisoner; he is also a member of the Nation of Islam. Due to his religion’s dietary restrictions, he was enrolled in the prison system’s Common Fare program (CFP), which …
Article • September 3, 2018 • from PLN September, 2018
Filed under: Settlements, Parole
California Supreme Court Modifies Settlement to Revise Parole Process by Derek Gilna by Derek Gilna California state prisoner Roy Butler, serving an indeterminate prison term for second-degree murder, sought habeas corpus relief on December 12, 2012, contesting the California Parole Board’s process of calculating the length of his sentence. Butler …
Article • September 3, 2018 • from PLN September, 2018
Pennsylvania: Class-action Suit Against USP Lewisburg Reinstated by Derek Gilna by Derek Gilna Sebastian Richardson, a former prisoner held in the Special Management Unit (SMU) at the federal prison in Lewisburg, Pennsylvania, has won an important legal victory against the Bureau of Prisons (BOP). In a July 15, 2016 ruling, …
Article • September 2, 2018 • from PLN September, 2018
Rikers Island Beat Down Suit Settles for $165,000, but Victim Won’t See a Penny by Christopher Zoukis by Christopher Zoukis On October 30, 2012, several guards at the Rikers Island jail complex in New York City used batons to beat handcuffed prisoner Gabino Genao, 31, into unconsciousness. In the wake …
Article • August 28, 2018
Illinois Prisoner Loses Use of Force Suit on Evidentiary Rulings by Edward Lyon by Ed Lyon Thomas Lovelace and another prisoner fought over some pencils on November 6, 2011, at the Dixon Correctional Center in Illinois. Guards handcuffed Lovelace and placed him in a van to be transported to a …
Bangert v. Placer County, CA, Settlement, Excessive Force and Falsifying Evidence, 2018 Case 2:17-cv-01667-KJN Document 57-4 Filed 08/28/18 Page 1 of 38 1 2 3 4 5 6 7 8 9 10 11 Mark E. Merin (SBN 043849) mark@markmerin.com Paul H. Masuhara (SBN 289805) paul@markmerin.com PLACER COUNTY COUNSEL’S OFFICE BRETT …
Brief • August 28, 2018
Human Rights Defense Center v. The GEO Group, Inc. Texas Public Records, 2018 FILED 8/28/2018 11:39 AM Donna Kay McKinney Bexar County District Clerk Accepted By: Victoria Angeles Cause No. HUMAN RIGHTS DEFENSE CENTER, Plaintiff, 2018CI16343 § § § § § § § § v. THE GEO GROUP, INC., Defendant. …
Brief • August 24, 2018
Rode v Credio, AZ, Settlement Agreement, 2016
Article • August 8, 2018 • from PLN August, 2018
Filed under: Civil Procedure
FRCP Rule 25 Allows for Extension of Time to Substitute Party Upon Death by David Reutter by David Reutter The Eleventh Circuit Court of Appeals has reversed a Florida federal district court’s order denying a motion to reopen a case and substitute parties due to the death of the original plaintiff. …
Federal Class-action Accuses CoreCivic of Exploiting Immigrant Detainee Labor by Derek Gilna by Derek Gilna A federal class-action suit filed on April 17, 2018 in the Middle District of Georgia accuses private prison behemoth CoreCivic – formerly Corrections Corporation of America – of exploiting immigrant detainees who perform work in …
Article • August 8, 2018 • from PLN August, 2018
Louisiana Judge’s Views May Warrant Recusal in All Death Penalty Cases by David R. Bailey by David R. Bailey Louisiana Supreme Court Justice Scott Crichton’s self-recusal from hearing “Angola 5” David Brown’s death penalty appeal ensured that Brown’s due process rights would not be compromised. Brown feared he could not …
Article • August 8, 2018 • from PLN August, 2018
Filed under: Costs
Georgia Renewal Statute Requires Prepayment of Costs of Prior Suit by On November 17, 2017, the Eleventh Circuit Court of Appeals affirmed the dismissal of a lawsuit brought under Georgia’s renewal statute because the plaintiff failed to pay the costs from a prior case or seek in forma pauperis (IFP) …
Article • August 6, 2018 • from PLN August, 2018
Arizona Man Falsely Arrested, Prosecuted by Iowa Officials Accepts $285,000 Settlement by Edward Lyon by Ed Lyon Early on January 1, 2017, Tristan Hermanson was with a woman in his apartment in Cedar Rapids, Iowa. Two men entered, assaulted him and stole money and his cell phone. The woman, Elizabeth …
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