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Brief • July 31, 2017
Filed under: Staff-Prisoner Assault
Smith v. State of Hawaii, HI, Settlement, Sexual Assault, 2017 .. ,_ n n SETTLEMENT AGREEMENT, JOINT TORTFEASOR RE~EASE, AND DEFENSE AND INDEMNITY AGREEMENT STORMY RAE SMITH, (hereinafter "Releasor"), for Releasor and Releasor' s heirs, representatives, executors, administrators, successors and assigns, in consideration of the sum of FIFTY THOUSAND AND …
Brief • July 31, 2017
McCormack v. County of Sacramento, CA, Settlement, Head Slammed by Deputy, 2017 SETTLEMENT AGREEMENT AND RELEASE This Se!de~e~greement and General Release of All Claims ("Agre~ent'') is made and entered m this·J=l- day Julyof2017, by, between and/or among: "Claimant" MICHAEL McCORMACK "Defendants" COUNTY OF SACRAMENTO and SEAN WOODWARD Recitals A Clainiant …
Brief • July 31, 2017
Gaskill v. County Board of Commissioners, NM, Amended Complaint, Unlawful Arrest, 2017 Case 2:17-cv-00269-GBW-GJF Document 28 Filed 07/31/17 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JOHN GASKILL and KIMBERLY GASKILL, Plaintiffs, v. No. 2:17-cv-00269-GBW-GHF DONA ANA COUNTY BOARD OF COMMISSIONERS, ROBBIE …
Banks Profit from Loans to Private Prison Industry by Derek Gilna by Derek Gilna Corrections Corporation of America (CCA), now known as CoreCivic, and GEO Group (GEO), the two largest private prison companies, are major profit-generators for six U.S. banks – Bank of America, JPMorgan Chase, BNP Paribas, SunTrust, U.S. …
Article • July 28, 2017 • from PLN August, 2017
Filed under: Conspiracy
Florida: Trio of Con Artists Sentenced in Rule 35 Sentence Reduction Scam by Friends and relatives of at least 22 federal prisoners in Miami-Dade County and elsewhere paid  $4.4 million to a trio of con artists who promised sentence reductions in exchange for fees. Alvin James Warrick, 40, Colitha Patrice …
Study Finds Extreme Lack of Gender, Racial/Ethnic Diversity in State Courts by Derek Gilna by Derek Gilna A new report, "Gavel Gap: Who Sits in Judgment on State Courts?,” by Professors Tracey E. George and Albert H. Yoon, of Vanderbilt Law School and Toronto Law School, respectively, found that state …
Article • July 28, 2017 • from PLN August, 2017
Seventh Circuit Reinstates Indiana Prisoner’s Lawsuit, Holds Prison Officials Prevented Him from Pursuing Grievances by Lonnie Burton by Lonnie Burton In an April 5, 2016 ruling, the Seventh Circuit reversed an Indiana federal district court’s order dismissing a lawsuit filed by a state prisoner who claimed prison officials failed to …
Article • July 28, 2017 • from PLN August, 2017
Denial of FOIA Request for Complaints Against Immigration Judges Reversed by Christopher Zoukis by Christopher Zoukis The D.C. Circuit Court of Appeals has reversed a district court’s order allowing across-the-board redactions by the government in response to a Freedom of Information Act (FOIA) request. The American Immigration Lawyers Association submitted …
Article • July 28, 2017 • from PLN August, 2017
Fourth Circuit Rules Lawsuit over Inadequate Prison Food Not Barred by Res Judicata by Lonnie Burton by Lonnie Burton On April 25, 2016, the Fourth Circuit overturned a district court’s order dismissing a lawsuit filed by a South Carolina prisoner who alleged that the food served at a state prison …
Article • July 28, 2017 • from PLN August, 2017
Ethics Rule Requiring Post-conviction Disclosure of Exculpatory Evidence Adopted in North Carolina by In the wake of the exoneration of five North Carolina men, the state Supreme Court adopted a new ethics rule in March 2017 that requires any attorney who receives evidence suggesting the innocence of a convicted defendant …
Article • July 28, 2017 • from PLN August, 2017
Use of Electronic Monitoring Skyrockets by Christopher Zoukis by Christopher Zoukis A study by the Pew Charitable Trusts, released on September 7, 2016, revealed that the number of accused and convicted offenders required to wear some kind of electronic monitoring device has increased nearly 140 percent in the last decade. …
Article • July 28, 2017 • from PLN August, 2017
Nebraska Supreme Court Holds Reporter Can’t See Executed Prisoner’s Drawings by Christopher Zoukis by Christopher Zoukis In August 2015, the Nebraska Supreme Court denied a reporter’s attempt to obtain “graphic” drawings made by infamous executed child-killer John Joubert. Despite the efforts of state prison officials, however, the drawings were eventually …
Article • July 28, 2017 • from PLN August, 2017
Seventh Circuit: Two-month Delay in Ordering Biopsy Not Deliberate Indifference by Christopher Zoukis by Christopher Zoukis The Court of Appeals for the Seventh Circuit ruled on October 12, 2016 that a two-month delay in ordering a biopsy of a prisoner’s potentially cancerous masses did not constitute deliberate indifference to his …
Article • July 28, 2017 • from PLN August, 2017
Filed under: Proselytizing
Tennessee Sheriff Settles Lawsuit over Religious Proselytization by The Bradley County Sheriff's Office (BCSO) in Tennessee agreed to a settlement to resolve a lawsuit and end the use of its Facebook page to promote or further religious statements. In addition to the settlement terms that regulate Facebook postings, the Sheriff’s …
Article • July 28, 2017 • from PLN August, 2017
Unlikely Criminal Justice Reform: How New York City Reduced Arrests and Slashed Prisoner Populations by Lonnie Burton by Lonnie Burton In what has been described as a "remarkable reversal of mass incarceration,” a newly-published report by Justice Strategies credited the New York Police Department (NYPD) for a massive decline in …
Article • July 28, 2017 • from PLN August, 2017
Man Smuggles Poison into Jail, Commits Suicide Following Arrest for Failure to Pay Ambulance Bill by Less than two hours after he was arrested for not paying an outstanding debt, Rex Iverson, 45, was found unresponsive in a holding cell at a jail in Box Elder County, Utah. An ambulance …
Article • July 28, 2017 • from PLN August, 2017
Fourth Circuit Clarifies Rights of Pretrial Detainees; $35,000 Settlement on Remand by Christopher Zoukis by Christopher Zoukis The Fourth Circuit Court of Appeals released an important decision concerning the rights of pretrial detainees on November 7, 2016. The case involved allegations of unconstitutional conduct by authorities at the New Hanover …
Article • July 28, 2017 • from PLN August, 2017
Filed under: Telephone Access
Consensual Use of Another Prisoner’s Telephone PIN is Not Oregon ID Theft by The Oregon Court of Appeals held on August 17, 2016 that the consensual use of another prisoner’s telephone PIN does not constitute the crime of identity theft under state law. Jacob Thomas Ritter was incarcerated at the …
Article • July 28, 2017 • from PLN August, 2017
Seventh Circuit: Medical Deliberate Indifference Case Remanded, Loses at Trial by Christopher Zoukis by Christopher Zoukis In August 2015, the Seventh Circuit Court of Appeals reversed a district court’s grant of summary judgment in favor of prison officials accused of being deliberately indifferent to a prisoner’s serious medical needs, and …
Article • July 28, 2017 • from PLN August, 2017
Filed under: Injury -- Misc.
Dismissal of Personal Injury Claim for Damages from Malfunctioning Jail Gate Upheld by The Mississippi Court of Appeals has upheld the dismissal of a visitor’s claim for damages that resulted from a malfunctioning gate at a county jail. The August 23, 2016 ruling upheld the dismissal of Ladonna Ware’s claim. …
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