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Article • November 15, 2011
City of Chester Agrees to Settle Police Juvenile Abuse Suit for $57,000 by By Brandon Sample On August 31, 2010, the city of Chester, Pennsylvania, agreed to pay $57,000 to a minor who was unlawfully arrested and beaten by Chester police. On January 17th, 2007, Rickia Reese, a minor at …
Article • November 15, 2011
Class Certification of Dental Claims against Cook County Denied by U.S. District Judge Harry D. Leinenweber denied class certification to a group of current and former pretrial detainees suing the Cook County Jail for inadequate dental care. Vincent Smith and several other current and former Cook County pretrial detainees sued …
Article • November 15, 2011
D.C. Appeals Court Dismisses Prisoners' Privacy Claims in Photograph Retention Suit by Derek Gilna Derek Gilna The U.S. Court of Appeals for the District of Columbia turned aside an appeal by Keith Maydak, Ambrose Mitchell, Paul Lee, and Gregory Smith, who were federal prisoners, alleging violations by the Bureau of …
Article • November 15, 2011
Filed under: Diabetes, Police, False Arrest
Diabetic Indiana Man Receives $400,000 for False Arrest by An Indiana federal jury ruled in favor of a diabetic man erroneously arrested following a traffic accident. The jury awarded $400,000 for the man’s continued detention after his illness became known. Michael Overton was arrested, with the assistance of dogs and …
Article • November 15, 2011
Filed under: Money/Property, Restitution
District Court Did Not Impermissibly Delegate the Setting of Fine Payments to the BOP by A district court’s failure to set a fine repayment schedule does not impermissibly delegate the task to the Bureau of Prisons (BOP), the U.S. Court of Appeals for the Seventh Circuit held May 12, 2008. …
Article • November 15, 2011
Entire Tennessee Prison System Found Unconstitutional by Brandon Sample By Brandon Sample On August 23, 1978, the Chancery Court of Davidson County, Tennessee declared the entire Tennessee prison system to be unconstitutional. Under the Tennessee constitution, prisoners are entitled to “humane treatment” and to confinement in “safe and comfortable” prisons. …
Article • November 15, 2011
Exemption 2 of the FOIA Only Applies to “Personnel” Matters, Supreme Court Holds by Exemption 2 of the Freedom of Information Act (FOIA), which bars the disclosure of records “relayed solely to the internal personnel rules and practices at an agency,” is limited to documents that “concern the conditions of …
Article • November 15, 2011
Exposure to Second Hand Smoke Sparks 8th Amendment Claim by The U.S. Court of Appeals for the Fifth Circuit recently affirmed in part and reversed in part a 42 U.S.C. § 1983 action alleging 8th and 14th Amendment violations. Jerry Marcus, a Mississippi prisoner, filed a § 1983 action against …
Article • November 15, 2011
False Claims Act’s Seal Provisions Held Unconstitutional by The Seal provisions of the False Claims Act (FCA) do not violate the First Amendment, the U.S. Court of Appeals for the Fourth Circuit decided March 28, 2011. The FCA allows private citizens to bring suit on behalf of the United States …
Article • November 15, 2011
False Reports Filed by Private Prison Guards Can Support Federal Obstruction Charges by On April 28, 2011 the U.S. Court of Appeals for the Second Circuit affirmed the convictions of two former private prison guards accused of obstructing an investigation into the assault of a prisoner. Rex Eguridu was assaulted …
Article • November 15, 2011
Filed under: Mail, Mail Regulations
Sheriff’s Motion to Dismiss Denied in Florida Jail’s “Postcard Only” Mail Policy Suit by A Florida federal district court has denied a sheriff’s motion to dismiss a pretrial detainee’s civil rights action that challenged a “postcard” only correspondence form. Marcie Hamilton, a prisoner in the Santa Rosa County Jail, filed …
Article • November 15, 2011
Federal Magistrate Rules on Case Filed by State Prisoner Denied Delivery of Prison Legal News by Derek Gilna A United States Magistrate in the State of Oklahoma has issued a Report and Recommendation regarding Oklahoma prison officials' motion for summary judgment seeking to dismiss an Oklahoma prisoner's civil rights and …
Article • November 15, 2011
$580,000 Judgment Entered in Oklahoma Jail Beating Suit by The United States District Court, Western District of Oklahoma entered a judgment granting Timothy Miller $580,000 in a suit for unreasonable use of force and cruel and inhumane treatment. The case arose when Miller was being transferred from the custody of …
Article • November 15, 2011
$750 Settlement in Washington Public Disclosure Action Violation by Washington State paid $750 to settle a Public Disclosure Act violation claim brought by Benjamin L. Abolafya, who argued that the Special Commitment Center failed to “include a statement of the specific exemption authorizing the withholding of the redacted information” to …
Article • November 15, 2011
$950,000 Settlement in Wisconsin Police Shooting of Handcuffed Man by In May 2007, Wisconsin officials agreed to pay $950,000 to the family of a man who was shot in the head while handcuffed. In October of 2004, city of Portage police received information that Keith Galster, a convicted felon, had …
Article • November 15, 2011
$60,000 Settlement over Juvenile Civil Rights Violations at Youth Facility by A $60,000 settlement was reached in a civil rights action brought against guards at a New York youth facility. Prisoner James Sabater was incarcerated at the Tryon Residential Center on January 15, 2001 when he was assaulted by youth …
Article • November 15, 2011
$500 Settlement in California Prisoner Beating Suit by A California prisoner received a $500 settlement in a civil rights action claiming 8th Amendment violations for excessive force by ten prison guards. Prisoner Fred Smith was imprisoned at Corcoran State Prison when he was assaulted by prison guards J.C. Thomas, F. …
Article • November 15, 2011
$28,000 Settlement Reached in Abuse Case at Youth Facility by A $28,000 settlement was reached in a civil rights action claiming 8th Amendment violations at a New York youth facility. Prisoner Corey Devance Lewis was incarcerated at the Tryon Residential Center on February 6, 2001 when he exchanged words with …
Article • November 15, 2011
$35,000 Settlement in Personal Injury Negligence Suit Against California Department of Corrections by A California prisoner received a $35,000 settlement in a personal injury negligence suit. Prisoner Andre M. Smith was imprisoned at the California Men’s Colony on April 19, 2005. While getting off his bed, the chain broke and …
Article • November 15, 2011
$80,000 Award Reinstated in Illegal Seizure, Equal Protection Claim by The Third Circuit Court of Appeals has reversed a Delaware federal district court’s overturning of a jury’s verdict in a civil rights case that alleged Gregory Spence of the Delaware State Police falsely arrested, illegally seized, and maliciously prosecuted Courtland …
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