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Article • December 15, 2007
Attorneys May be Sued as State Actors When Colluding with Judge by Matthew Clarke by Matthew T. Clarke On June 17, 2005, the United States Court of Appeals for the Fifth Circuit held that private attorneys could be sued as state actors in a civil rights action in federal district …
Missing Ramadan Deadline Insufficient Cause to Deny Right to Attend by Bob Williams The United States Court of Appeals for the Seventh Circuit has reversed the dismissal of a prisoner's free exercise of religion claim, finding that missing a sign-up deadline for Ramadan was an insufficient reason to deny a …
Article • December 15, 2007
Alabama Corporations Serving Municipalities Ordered to Comply With Open Records Act by The Water Works and Sewer Board (Board) of the City of Talladega, Alabama, appealed its court ordered subjection to records disclosure under the State's Open Records Act (Act). Consolidated Publishing, Inc. (Publisher), appealed the same ruling as to …
Willful and Malicious Act Required for Minnesota fficial Immunity Precludes Summary Judgment by Minnesota state prisoner Brooks Fisher was assaulted during his imprisonment between 1998 and 2003. He sued the State of Minnesota and the Minnesota Department of Corrections plus several employees under § 1983 and the state constitution for …
Article • December 15, 2007
Bail Enhancement Not Excessive When Fulfilling Particular Purpose; Hearing Must Be Held by California attorney Jeffrey Galen's 2001 release from jail after being arrested for domestic violence surprised authorities, as he made an enhanced bail of $1 million. His fiancee dropped the charges when he was released. In 2002 Galen …
Sovereign Immunity Not Waived by Federal Extradition Act by The Eighth Circuit Court of Appeals has held that the Federal Extradition Act does not waive a state's sovereign immunity. This action was filed by St. Charles County, Missouri (County), seeking $5,421.86 from the State of Wisconsin for costs incurred for …
Article • December 15, 2007
New York Prisoner Awarded $2,600 For Fractured Fibula, Improper Treatment by On March 28, 2001, a court of claims in Albany, New York, awarded $2,600 to a state prisoner who claimed he suffered a fractured fibula when he fell in a puddle of water leaked from a washing machine and …
Denying Work Release to HIV Positive Amputee May Violate ADA by The plaintiff alleged that he was denied access to shock incarceration because he is an HIV-positive amputee, and was also repeatedly denied work release. He also claimed that he was deprived of his personal wheelchair, after having it in …
Article • December 15, 2007
Florida’s Private Prison Industry a State Agency Entitled to Sovereign Immunity by Florida's Private Prison Industry a State Agency Entitled to Sovereign Immunity Florida's First District Court of Appeal has held that Florida's private prison industry, Prison Rehabilitative Industries and Diversified Enterprises (PRIDE), is a state agency entitled to sovereign …
Jail Policy of Cross Gender Guard Doesn’t Establish Liability in Guard Rape by The plaintiff alleged that a male guard had engaged in sex with her, taking advantage of her mental and physical state. The officer was fired and entered an Alford plea to criminal charges. A policy of "cross-gender …
OK Prisoners' Argument, Raised for First Time on Appeal, Not Considered by On November 15, 2001, Leticia Smedley was arrested by police in Tulsa, Oklahoma on suspicion of being intoxicated. She was jailed at the David L. Moss Criminal Justice Center, a facility operated by Corrections Corporation of America (CCA). …
Summary Judgment Reversed on Denial of Prisoner Atheist Group by Bob Williams By Bob Williams The United States Court of Appeals for the Seventh Circuit has reversed a summary judgment against a Wisconsin state prisoner whose request to form a prisoner atheist group was denied by the Wisconsin Department of …
Tenth Circuit OKs First Raising Qualified Immunity on SJ by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings, and the district court erred in failing to address the defense in the summary judgment …
Article • December 15, 2007
Pennsylvania Prisoner’s Penis Injury in Farming Accident Nets $750,000 Jury Verdict by Pennsylvania Prisoner's Penis Injury in Farming Accident Nets $750,000 Jury Verdict A Pennsylvania prisoner who sustained penis and groin injuries in a farming accident was awarded $750,000. Mr. Hilliard was working on the prison farm while confined at …
Article • December 15, 2007
Secret Settlement in Illinois Cell Fire Suit by On March 19, 1996, Illinois' Joliet Correctional Center prisoner Cutues White piled all his personal possessions in the front of his cell, and lit them on fire. The prison was undergoing a renovation project, which included removal of smoke exhaust fans and …
Article • December 15, 2007
Skin Ulcer from Delouser Nets Michigan Jail Prisoner $3,500 Settlement by A Michigan prisoner was awarded $3,500 for a skin ulcer he sustained from being sprayed with a delousing product. Mr. Young was sprayed with a delousing product when he entered the Eaton County Jail. The product caused a skin …
Article • December 15, 2007
Anesthetized Prisoner Awarded $500 for Fall and Injuries by A New York prisoner who was injured when he fell while under effects of anesthesia was awarded $500. On January 13, 1999, New York prisoner James Siena underwent general anesthesia for a kidney procedure. After discharge, "he became dizzy while climbing …
Overcrowded Washington DOC’s Solution: Ship ’Em Out of State by David Reutter Overcrowded Washington DOC's Solution: Ship ?Em Out of State by David M. Reutter Overcrowding is pinching the Washington Department of Corrections (WDOC). To alleviate that problem, the department ordered less than 100 community supervision violators released without a …
$1.6 Million Settlements by PHS and Hillsborough County in Death of Baby Born in Florida Jail by David Reutter by David M. Reutter Inadequate medical care by Prison Health Services (PHS) has resulted in yet another death and $1.6 million in settlements for the mother of a baby boy who …
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