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El Paso Prisoner Receives $80,000 Settlement by Derek Gilna Former El Paso County prisoner Brock John Behler received a settlement of $80,000 from El Paso County, Colorado to settle a federal civil rights lawsuit alleging the use of excessive force by former Deputy Dennis Grivois. The 2009 lawsuit, filed in …
Article • March 15, 2013
New Hampshire Supreme Court Reverses Guard’s $2 Million Verdict by The New Hampshire Supreme Court overturned a $2 million award to two prison guards who were fired based on false reports, holding the award exceeds the state law cap. The facts giving rise to the lawsuit came from the April …
Article • March 15, 2013
Court Documents Prove I was Sent to Communication Management Units (CMU) for my Political Speech by Daniel McGowan I currently reside at a halfway house in Brooklyn, serving out the last few months of a seven-year sentence for my role in arsons credited to the Earth Liberation Front (ELF) at …
Article • March 15, 2013
Filed under: News
Newly Installed Florida Prison Chief Sacked by David Reutter by David M. Reutter After campaigning on a theme of reeling in wasteful spending, Rick Scott wasted no time as governor in tapping Edwin Buss as Secretary of the Florida Department of Corrections (FDOC). At the time, Buss was Indiana’s Commissioner …
Article • March 15, 2013
Florence Strip-Search Decision Sends Iowa Case Back to Square One by Derek Gilna The recent decision by the United States Supreme Court in Florence v. Board of Chosen Freeholders of the County of Burlington, 132 S.Ct. 1510 (2012), which held that every detainee, even one held on a non-indictable offense, …
Article • March 15, 2013
Filed under: Searches, Strip Searches
$300,000 Settlement Reached in Iowa Illegal Strip Search Case by A $300,000 settlement was reached in the Iowa case of an illegal strip search conducted upon three high school students. The case began in the first week of the 2009 school year. The three girls, Holleigh Jo Jacobsen, Griffin Ferguson, …
Article • March 15, 2013
Alabama: Deputy Sheriffs Immune from Suit for Damages by The Alabama Supreme Court has held that deputy sheriffs, like sheriffs, are constitutional officers who, by virtue of the doctrine of state immunity, cannot be sued for monetary damages in their individual capacity when the acts that form the basis of …
Sixth Circuit Explores Excessive Force Legal Twilight Zone; Finds Fourth, not Fourteenth Amendment Controlled by Mark Wilson On June 29, 2010, the Sixth Circuit held that a lower correct incorrectly applied the Fourteenth Amendment, rather than the Fourth Amendment to resolve a pre-trial detainee’s excessive force claim. Since the qualified …
Article • March 15, 2013
Dismissal of Pennsylvania Prisoner’s Legal Mail Claim Reversed by The Third Circuit Court of Appeals reversed the grant of summary judgment to officials at Pennsylvania’s State Correctional Institution at Smithfield (SCI) in a civil rights action claiming they engaged in a pattern or practice of opening a prisoner’s legal mail …
Article • March 15, 2013
Iowa Supreme Court Supports Prisoner Suppression Motion by Derek Gilna In a case of first impression, the Iowa Supreme Court has reversed an Iowa Court of Appeals decision denying a "limited statutory right to a custodial in-person consultation with an attorney," and suppressed an operating a motor vehicle while intoxicated …
Article • March 15, 2013
New Jersey Supreme Court Turns Back Constitutional Challenge to the State's Sexually Violent Predator Act by Derek Gilna In an opinion decided November 9, 2010, the New Jersey Supreme Court rejected constitutional challenges to their New Jersey Sexually Violent Predator Act, NJSA. In the case, the court ruled against the …
Article • March 15, 2013
Filed under: Court Access, Filing Fees
Legislature’s Taking of Civil Filing Fee Portion not Unconstitutional Tax by The Florida Supreme Court ruled that legislation that requires portions of civil action filing fees deposited into the state’s general revenue fund does not constitute an unconstitutional tax on litigants. It also found the statutes at issue do not …
Article • March 15, 2013
Eighth Circuit Affirms Post-Verdict Nominal Damages Request by The Eighth Circuit Court of Appeals affirmed a lower court's denial of a post-verdict request to instruct the jury to award nominal damages and a motion to alter or amend the judgment to include nominal damages. Clayton Miller was seen visibly intoxicated, …
Failure to Record Disciplinary Hearing, Allow Adverse Witnesses in Alaskan Prison Disciplinary Hearing Violates Due Process by Matthew Clarke by Matt Clarke On September 2, 2011, the Supreme Court of Alaska held that due process was violated when prison officials failed to record a prisoner's disciplinary hearing or allow him …
Article • March 15, 2013
Ordinary Discovery Rules Apply to Washington PRA Actions; FOIA Reasonableness Standard Governs PRA Searches by The en banc Washington State Supreme Court held that discovery in cases under the Public Records Act (PRA) is the same as in any other civil action. The Neighborhood Alliance of Spokane County (the Alliance), …
Article • March 15, 2013
Filed under: Family, Fathers in Prison
Pennsylvania Supreme Court Clarifies Incarcerated Parents’ Rights by The Pennsylvania Supreme Court entered orders in two separate cases that affect the rights of incarcerated parents. The first reiterates the principle that a parent’s incarceration, standing alone, cannot constitute proper grounds for the termination of his or her parental rights. The …
Tenth Circuit Faults Kansas Prisoners' Representation; Upholds Dismissal of Compulsory Savings Account Challenge by Thanks largely to profoundly incompetent representation, the Tenth Circuit Court of Appeals affirmed the dismissal of a constitutional challenge to compulsory Kansas prison savings account policies. The Kansas Department of Corrections (KDOC) adopted policies requiring that …
Dismissal for Inability to Pay Monetary Sanctions Reversed by The Seventh Circuit Court of Appeals reversed the dismissal for failure to pay a $9,055.14 attorney fee sanction against an indigent Plaintiff. Bruce A. Williams brought federal suit against four Illinois police officers for false arrest and excessive force. He alleged …
Fifth Circuit Disallows Louisiana Deputy's Interlocutory Appeal by Matthew Clarke by Matt Clarke In an opinion filed on November 18, 2011, the Fifth Circuit Court of Appeals held that it had no jurisdiction over a Louisiana deputy's appeal from the denial of his motion for summary judgment based on qualified …
Article • March 15, 2013
Filed under: Appeals, Mail, Legal Mail
Oregon Service by Mail Adds 3 Days by The Oregon Court of Appeals vacated a lower court's dismissal of a prisoner's appeal as untimely. The court held that a state rule of civil procedure added three days to the applicable time limit. Oregon prisoner William Harvey sued Elizabeth Christie in …
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