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Article • February 15, 2012
Municipality may be Held Liable Under § 1983 only for its Own Violations of Federal Law, Irrespective of Whether Relief Sought is Monetary or Prospective by Municipality may be Held Liable Under § 1983 only for its Own Violations of Federal Law, Irrespective of Whether Relief Sought is Monetary or …
Article • February 15, 2012
Filed under: Medical, Medication, Diabetes
New York City Settles Deliberate Indifference Suit for $125,000 by In July 2011, the City of New York agreed to pay $125,000 to a diabetic woman who was denied her insulin after being arrested. According to a lawsuit filed by Jaime Rutkowski, the arresting officer, Luid Moncayo, refused to take …
Article • February 15, 2012
Oregon Man Sues Jailers at “$17 Million Torture Chamber” by “My face [was] hit so hard that it busted my nose, shattered my teeth and broke my jaw,” said Chadwick J. Yancey, 31, as he described why he sued various Oregon jail guards for excessive force. “It briefly left me …
Article • February 15, 2012
Prisoner Who Faces No Irreparable Injury Not Entitled to Preliminary Injunction by In March 2011, the California Court of Appeal affirmed a trial court’s denial of preliminary injunctive relief to a prisoner who alleged that Salinas Valley State Prison (SVSP) officials were not complying with the Approved Personal Property Schedule …
Article • February 15, 2012
Suit Over Police Beating of Fort Worth Prisoner Settled for $120,000 by On August 24, 2010, the City of Fort Worth, Texas agreed to settle a former prisoner’s civil rights suit for $120,000. Carey Cass Hudson, then 38, was arrested by Fort Worth police officer F.V. Anderson on June 14, …
Article • February 15, 2012
Oklahoma Man Rejects $10,000 Settlement, is Awarded $424 for Jail Assault by An Oklahoma man rejected a $10,000 settlement offer and was awarded $423.97 for a jail assault. The plaintiff, Lloyd Wayne Dowler, 31, was confined in a Tulsa County jail in May 1981 for Driving Under the Influence (DUI) …
Article • February 15, 2012
Permanent Injury from Excessive Force by Georgia Jail Guards Worth $892,138 by A Georgia man was paid $892,138 to settle a suit for injuries suffered when jail guards subjected him to excessive force. The plaintiff, Mr. Viar, was arrested for public drunkenness. “Officers banged his head against the bars of …
Sovereign Immunity Withstands RLUIPA; Jewish Succah may be Permissible Religious Exercise by Sovereign Immunity Withstands RLUIPA; Jewish Succah May be Permissible Religious Exercise by David M. Reutter The Religious Land Use and Institutionalized Persons Act (RLUIPA) does not waive a state’s Eleventh Amendment sovereign immunity from suit for monetary damages. …
Article • February 15, 2012
Qualified Immunity Denied to Guard Who Failed to Provide Safe Transport by by David M. Reutter The Eighth Circuit Court of Appeals held on March 4, 2008 that a guard was not entitled to qualified immunity concerning a prisoner’s claim that the guard failed to provide safe transport, violating the …
Article • February 15, 2012
Seventh Circuit: Crawford Not Applicable to Revocation Hearings by On May 2, 2006, the Seventh Circuit held that the Sixth Amendment right to confrontation and cross-examination of witnesses as set forth in Crawford v. Washington, 561 U.S. 36 (2004), does not apply to revocation hearings. Lamond D. Kelley, a federal …
Article • February 15, 2012
California Moratorium on Executions Continues by Two days before his scheduled execution, the Ninth Circuit remanded back to the district court Albert Brown's Eighth Amendment challenge to the method of his execution to determine whether, under the "demonstrated risk" standard articulated by the Supreme Court in Baze v. Rees, 553 …
California: Prior Conviction for Being a “Felon in Possession of Firearm” Admissible as Evidence in Subsequent Criminal Trials by The California Court of Appeal has held that a prior conviction for being a felon in possession of a firearm is a crime of moral turpitude, and therefore that evidence of …
Article • February 15, 2012
California Shells Out $250,000 to Settle Prisoner’s Wrongful Death Suit by In September 2008, the California Department of Corrections and Rehabilitation (CDCR) agreed to pay $250,000 to settle a wrongful death suit brought by Victoria Wright, the surviving spouse of former CDCR prisoner Jay Wright, who died of cardiac arrest …
Article • February 15, 2012
California Supreme Court Clarifies Meaning of Public Interest Litigation by The California Supreme Court has held that the issues underlying a published appellate decision, viz., Serrano v. Stefan Merli Plastering Co., Inc. (2008) 162 Cal.App.4th 1014, qualify the case as public interest litigation, which may entitle the prevailing party to …
CDCR Pays $7,500 to Resolve Payment Dispute in Employee Sexual Harassment Suit by In February 2009, the California Department of Corrections and Rehabilitation (CDCR) agreed to pay $7,500 to settle a payment dispute over a lawsuit filed by psychotherapist Sallie Mae Bradley for alleged sexual harassment by a CDCR Chaplain, …
CDCR Pays $25,000 to Settle Employee Harassment Claim by In December 2008, Sergeant Curtis Scott signed a Settlement Agreement with the California Department of Corrections and Rehabilitation (CDCR), agreeing to settle the lawsuit he had initiated in April 2007. In that lawsuit, Scott alleged that, while employed at High Desert …
Article • February 15, 2012
Conspiracy Claim Must Be Supported by Facts by The U.S. Ninth Circuit Court of Appeals has held action under 42 U.S.C. § 1985 that conspiracy claims must be supported by facts and evidence. Mrs. Alvera M. Aldabe filed civil action under 42 U.S.C. § 1983 and 1985(3) claiming that a …
Article • February 15, 2012
Federal Appeals Court Denies Colorado Prisoner’s “Mail Box Rule” Appeal by The Tenth Circuit Court of Appeals affirmed a Colorado district court’s order to alter the judgment in a suit won by a Colorado prisoner. Michael N. Milligan filed suit against Brian Matthews, a prison official at the prison in …
Article • February 15, 2012
Federal Court Holds New Jersey Prisoner's PLN Denial Claim is Valid by On February 23, 2011, a federal court held that a New Jersey state prisoner's suit complaining of, among other issues, prison officials denying him access to Prison Legal News, stated a valid claim. Raheem Taylor, a New Jersey …
Article • February 15, 2012
Florida: Legislature's Attempt to Shift Overhead Costs of Appointed Counsel for Indigents from State to Counties Deemed Unconstitutional by The Florida Supreme Court has held that section 19 of chapter 2007-62, Laws of Florida, impermissibly shifts responsibility for funding overhead costs of court-appointed counsel from the state to the counties, …
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