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Maryland Man Awarded $6.4 Million For False Imprisonment, Police Misconduct by Michael Rigby On August 30, 2006, a jury in Prince George?s County, Maryland, awarded $6.4 million to a man who was wrongfully imprisoned for the brutal rape and murder of his wife. During trial the jury heard compelling evidence …
Article • March 15, 2007 • from PLN March, 2007
North Carolina Enacts Innocence Inquiry Commission by John Dannenberg by John E. Dannenberg On August 3, 2006, North Carolina Governor Mike Easley signed into law H-1323, a bill creating an eight-member Innocence Commission wherein prisoners who have exhausted their court appeals but still claim they were wrongly convicted may reopen …
Article • March 15, 2007 • from PLN March, 2007
$205,000 Settlement in Massachusetts Strip Search Suit by On December 27, 2006, the Commonwealth of Massachusetts agreed to pay $205,000 to settle a class action lawsuit alleging hundreds of arrestees were illegally strip searched at the Hampshire Jail and House of Corrections between January 18, 2002 and November 7, 2002. …
Article • February 15, 2007 • from PLN February, 2007
$2.5 Million Settlement for Illegal Strip Searches in Connecticut Jail by The State of Connecticut has entered into a settlement agreement that will cost it $2.5 million for a correctional policy of strip searching all detainees regardless of their charges. The settlement comes in a class action filed in a …
Article • February 15, 2007 • from PLN February, 2007
Illinois Jail’s Strip Search Policy Unconstitutional by Michael Rigby Illinois Jail's Strip Search Policy Unconstitutional by Michael Rigby On December 16, 2005, a federal district judge ruled that the Will County, Illinois jail routinely violated prisoners' Fourth Amendment rights by subjecting them to a blanket strip search policy, paving the …
Article • February 15, 2007 • from PLN February, 2007
Filed under: Searches, Drug Testing
Nebraska UA Procedures Do Not Violate Due Process by The Eighth Circuit Court of Appeals upheld a lower court?s decision that Nebraska?s Department of Correctional Services (DCS) urine sample collection and testing procedures do not deprive prisoners of due process of law. DCS tests urine samples for drugs using the …
Illegal Strip Searches Cost MTC, New Mexico County $8.5 Million by Michael Rigby Management and Training Corporation (MTC) and Santa Fe County, New Mexico, will pay $8.5 million to settle with an estimated 13,000 former prisoners who were unconstitutionally strip searched at the Santa. Fe County Detention Facility between January …
Seventh Circuit Rejects Total Exhaustion Rule for § 1983 Complaints by Bob Williams Seventh Circuit Rejects Total Exhaustion Rule for § 1983 Complaints by Bob Williams The United States Court of Appeals for the Seventh Circuit vacated the dismissal of a prisoners amended complaint, finding prior exhaustion putting the state …
Sixth Circuit Upholds $34,000 Retaliation Verdict; New Trial & No Recusal Not Abuse of Discretion by The Sixth Circuit Court of Appeals affirmed a lower court's order granting a new damages trial on a prisoner's retaliation claim. The appellate court also upheld the district judge's refusal to recuse himself. Ernest …
Article • December 15, 2006 • from PLN December, 2006
San Francisco Jails Strip Search Policy Ruled Unconstitutional By Federal Court by John Dannenberg San Francisco Jails Strip Search Policy Ruled Unconstitutional By Federal Court by John E. Dannenberg The U.S. District Court (N.D. Cal.) ruled on motions for summary judgment that the City and County of San Franciscos blanket …
Floridas Civil Commitment Center Under Funded and Out-of-Control by David Reutter Floridas Civil Commitment Center Under Funded and Out-of-Control by David M. Reutter When first created in 1999, Florida's Civil Commitment Center (FCCC) was hyped as a place to house sexually violent predators for protection of the public while providing …
Article • November 15, 2006 • from PLN November, 2006
$6,280,000 Settlement For Illegal California Juvenile Hall Strip Searches by John Dannenberg by John E. Dannenberg On July 10, 2006, the County of Sacramento, California agreed to pay $6,280,000 to the class of juvenile hall detainees who were illegally strip-searched between January 1, 1998 and October 1, 2004 at the …
Article • October 15, 2006 • from PLN October, 2006
WA Courts Cannot Extend Supervision Period for Sex Offenses Committed Before 1996 by In 1994, Jamie Wallin pled guilty to sex offenses in Washington state, committed between July 2, 1988 and January 8, 1990. He remained free on supervision until March of 1996, when he violated his probation and received …
District of Columbia Jail Pays $14 Million For Over-Detentions and Strip Searches by Bob Williams While denying a pattern and practice of over-detentions and strip searches, the District of Columbia (the District) has agreed to pay $12 million to settle a class-action lawsuit plus an additional $2 million in additional …
CSC Alien Abuse Class Action Settled for $2.5 Million by On August 10, 2005, a federal court in New Jersey approved a settlement in Brown v. Esmor Correctional Services Inc., USDC No. 98-1282 (DNJ). Esmor Correctional Services Inc. (Esmor) later known as Correctional Services Corporation (CSC), agreed to pay the …
Article • September 15, 2006 • from PLN September, 2006
New York Strip-Search Suit Settled for $1.7 Million by A federal class action suit, challenging a New York jail's blanket misdemeanor strip-search policy has been settled for $1,783,670.20. Timothy Maneely brought suit in federal court, challenging the City of Newburgh, New York policy of strip searching all arrestees without reasonable …
Article • August 15, 2006 • from PLN August, 2006
Texas Court of Criminal Appeals Reinvigorates DNA Testing Law by Matthew T. Clarke The Texas Court of Criminal Appeals (CCA) handed down a decision that removed previous restrictions against prisoners seeking DNA testing to prove their innocence. Billy James Smith, a Texas state prisoner, filed a motion for DNA testing. …
Brief • July 18, 2006
Gallagher, et al. v. San Mateo County Sheriff ‘s Office, et al, CA, Amended Complaint, 2006 Case 4:04-cv-00448-SBA 1 2 3 4 5 6 7 8 Document 48-1 Filed 07/18/2006 Page 1 of 13 Andrew C. Schwartz (State Bar No. 64578) Thom Seaton (State Bar No. 62713) CASPER, MEADOWS, SCHWARTZ …
$20,500 New Hampshire Jail Award Upheld for False Disciplinary Charges by The First Circuit Court of Appeals has upheld a jurys award of $20,500 to a pretrial detainee in a civil rights action, alleging denial of due process from the filing of false disciplinary charges. Jason Surprenant was a pretrial …
Article • June 15, 2006 • from PLN June, 2006
California Ex-Con DNA Collection Law Ruled Not Retroactive by John E Dannenberg by John E. Dannenberg The U.S. District Court, N.D. Cal., ruled that Californias recent Proposition 69, which provides for DNA collection from all convicted persons, does not apply retroactively to exconvicts who have been discharged from custody, parole …
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