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Tenth Circuit Vacates Class Certification in Jail Conditions Suit; Case Settles Following Remand by Mark Wilson On February 4, 2009, the Tenth Circuit Court of Appeals granted a Colorado sheriff’s interlocutory appeal challenging a class certification order and remanded the case for further proceedings, where it eventually settled in April …
Six New Jersey Jail Guards Arrested for Assaulting Prisoners by On December 21, 2010, prosecutors charged six guards at New Jersey’s Essex County Correctional Facility with assaulting prisoners. The charges involve unprovoked attacks on three different prisoners in separate incidents. Four of the guards were also charged with falsifying records. …
Deaths of Three North Carolina Prisoners Raise Suspicions by Matthew Clarke by Matt Clarke and David M. Reutter The deaths of two prisoners at the Maury Correctional Institution (MCI), a 1,000-bed close-security prison for men located in Greene County, North Carolina, have raised suspicions due to questionable circumstances surrounding those …
Discovery and Explanation Required Before Converting Motion into Motion for Summary Judgment by Brandon Sample By Brandon Sample Before converting a motion to dismiss into a motion for summary judgment, district courts must first give pro se parties (i) the opportunity to take relevant discovery, and (ii) an explanation of …
Bossett v. County of Contra Costa, CA, Complaint, Failure to Protect, 2011 r ~ I r;:-.J r r l ,c. !! :; 1 1 2 3 4 Ir WILLIAM A. WELCH, SBN 188391 270 Divisadero Street, #16 San Francisco, California 9411 7 415/609-5591 415/255-9732 FAX Attorney for Plaintiff JOSEPH WILLIS …
Adams v. CCA, CO, Plf Mot Proposed Order, public records indigents right to review depositions, 2011 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: VANCE …
Adams v. CCA, CO, Plf Mot Proposed Order for Certification, prison riot, 2011 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: VANCE A. ADAMS et. …
Adams v. CCA, CO, Plf Mot to Suppress Plf Depositions, prison riot, 2011 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: VANCE A. ADAMS et. …
Three Fulton County, Georgia Jail Guards Sentenced in Prisoner Abuse Investigation by Three guards from Georgia’s Fulton County Jail (FCJ) have been sentenced on federal charges related to an investigation into prisoner abuse at the jail. Two of the guards received prison time; the third received home confinement after assisting …
Adams v. CCA, CO, Order granting Plf Mot to Suppress Plf Depositions, prison riot, 2011 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: VANCE A. …
Brief • 2011
Palmer v. Florida State Department of Corrections, FL, Subpoena, Use of Force 2011 EXHIBIT A This is a request for records in the Possession of the Entity to whom these requests are addressed. “Prison” used herein refers to Charlotte Correctional Institution. “Defendants” used herein refers to current or former Florida …
Article • May 15, 2011
Seventh Circuit Upholds Rejection of Excessive Force Claim by On August 28, 2009, the U.S. Court of Appeals for the Seventh Circuit affirmed a jury’s verdict rejecting a prisoner’s claim of excessive force. Oscar Cruz, a prisoner at Pendleton Correctional Facility, alleged that John Safford, a guard at Pendleton, had …
Article • May 15, 2011
Summary Judgment in Handcuffing Case Reversed by On October 19, 2009, the U.S. Court of Appeals for the Tenth Circuit vacated a grant of summary judgment for police in an excessive force case. Robert Fisher accidentally shot himself in the stomach in a failed suicide attempt. Officers from the Las …
CCA Prisoner Awarded $3,250 in Excessive Force Lawsuit by A Louisiana U.S. District Court awarded $3,250 to a prisoner in a civil rights action that involved excessive use of force by a guard. The lawsuit was filed by Winn Correctional Center prisoner Derrick Levon Carter due to events that occurred …
Article • May 15, 2011 • from PLN May, 2011
$75,000 Settlement in Pennsylvania Jail Beating by A $75,000 settlement has been reached in a lawsuit brought by a former prisoner who was beaten by guards at Pennsylvania’s Westmoreland County Prison (WCP). In June 2009, James P. Edwards, 28, was arrested on a parole violation. He was on parole following …
Article • May 15, 2011
Sixth Circuit Affirms Summary Judgment for Guard Accused of Excessive Force over Use of “Leg Sweep” by The U.S. Court of Appeals for the Sixth Circuit has affirmed a grant of summary judgment for a guard accused of excessive force against a prisoner. Trudy Griffen became disruptive during the booking …
Article • May 15, 2011
$865,000 Jury Award in Missouri Police Excessive Force Case by On June 10, 2010, a Missouri federal jury awarded a victim of a St. Louis police beating $365,000 in actual damages and $500,000 in punitive damages. Kenneth Rohrbough is a former Marine who suffers from aphasia due to a traumatic …
Article • April 15, 2011
Sixth Circuit: No Sanction for Third-Party Spoilation in Michigan by Matthew Clarke By Matt Clarke On March 21, 2008, a panel of the Sixth Circuit court of appeals held that a defendant could not be sanctioned for third-party spoilation of evidence in a Michigan case involving excessive use of force …
Article • April 15, 2011
Purposeful Exposure to Ultraviolet Light Warrants Denial of Qualified Immunity by On March 25, 2010, the U.S. Court of Appeals for the Eight Circuit affirmed in part a summary judgment denial is a 42U.S.C. §1983 suit that alleges Arkansas prison guards maliciously and out of retaliation exposed a prisoner to …
California: $2,005,000 Verdict for Wrongful Death Caused by Police Officers’ Excessive Force by After four days of trial and five hours of deliberations, on April 11, 2011, a federal jury found that defendant police officers had used excessive force against a mentally ill man, which caused his death. The jury …
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