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Article • November 15, 2011
$165,000 Settlement over Forced “Cold Turkey” Withdrawal from Prescribed Medication by A California prisoner received a $165,000 settlement in a civil rights action alleging deliberate indifference to his serious medical needs surrounding his forced “cold turkey” withdrawal from medication prescribed by prison doctors. Prisoner Charles Strain was prescribed medication for …
Article • November 15, 2011
$850,000 Federal Jury Award in Indiana Police Beating Suit by On April 14, 2011, an Indiana federal jury awarded $850,000 to a man beaten by police during arrest. According to court papers, Percy Perry was trying to take a window out of an abandoned building in Gary, Indiana when the …
Article • November 15, 2011
D.C. Circuit Reverses Arbitration Discussion for Guards by On July 8, 2011, the U.S. Court of Appeals for the D.C. Circuit set-aside an arbitration award obtained by federal prison guards against the Bureau of Prisons (BOP). In order to cut down on overtime costs, the BOP in 2004 reconfigured the …
Article • November 15, 2011
New York Prison Disciplinary Conviction Upheld by On June 9, 2011, New York’s Third Judicial Appellate Court affirmed a prisoner’s disciplinary conviction. Scott Irwin received a misconduct report after a scuffle with a guard that resulted in the discovery of a shank. Irwin was sanctioned initially to 30 months of …
Article • November 15, 2011
Judicial Conference Committee Disciplines Federal Judge for Membership in Discriminatory Country Club by Alex Friedmann In May 2011, PLN reported that the Sixth Circuit Judicial Council, on a vote of 10 to 8, had dismissed a misconduct complaint filed against a federal judge in Tennessee who was accused of being …
Article • November 15, 2011
New York Sex Offender Commitment Proceedings Permitted against Unlawfully Detained by New York’s highest court held that the legality of a prisoner’s custody is irrelevant in ascertaining whether he or she is a “detained sex offender” in considering involuntary commitment of a prisoner under Article 10 of the Mental Hygiene …
Article • November 15, 2011
Filed under: Protective Custody
Prison Failed to Meet Good Faith Standard in Denying Basic Privileges to Prisoner Placed in Protective Custody by The U.S. Seventh Circuit Court of Appeals determined that defendants failed to meet a good faith standard. Malcome Little, an Illinois state prisoner, was victim to several sexual assaults and numerous instances …
Article • November 15, 2011
Tennessee Prison System Ruled Unfit for Human Habitation by The U.S. District Court of Tennessee determined the living conditions of Tennessee’s prisons were unfit for human habitation. Officials have known since 1937 what was necessary to correct prison housing problems, but failed to do so. The overcrowding exacerbated all other …
Article • November 15, 2011
Filed under: Media
Texas Prisoner’s Defamation Suit Dismissed by Federal Prisoner’s Defamation Suit Dismissed On June 17, 2011, U.S. District Judge Amy Berman Jackson dismissed a defamation suit filed by a federal prisoner against a Washington Post columnist. James Carpenter, a federal prisoner, sued Colbert I. King, a Washington Post columnist, after the …
Article • November 15, 2011
Sex Offender Designation Process Upheld by Louisiana Supreme Court by On July 1, 2011, the Supreme Court of Louisiana upheld the constitutionality of the Sex Offender Assessment Panel (SOAP) process. The Louisiana legislature enacted the SOAP in order to identify which sex offenders should be classified as either sexually violent …
Article • November 15, 2011
Suit against Private Prison Operator for Self-Dealing Remanded by On July 8, 2011, the U.S. Court of Appeals for the Tenth Circuit reversed and remanded for further proceedings a shareholder action brought against a private prison operator. Ravenswood Investment Company (RIC), a limited partner to Avalon Correctional Services, sued Avalon …
Article • November 15, 2011
Suit Challenging Election Surveillance May Go Forward, Second Circuit Decides by A lawsuit challenging the Foreign Intelligence Surveillance Act Amendments of 2008 (FAA) may proceed, the U.S. Court of Appeals for the Second Circuit decided March 21, 2011. The lower court dismissed the suit on standing grounds. Amnesty International, with …
Article • November 15, 2011
Washington Settles Shy Bladder Suit For $2,500 by On March 8, 2006, the State of Washington paid $2,500 to settle with a former state prisoner who sued two state employees in their individual capacities for violating his federal civil rights and the Washington Department of Corrections for failing to make …
Article • November 15, 2011
Washington State Patrol Must Unconditionally Disclose Collision Information by The Washington State Court of Appeals held that the Washington State Patrol (WSP) must disclose records about traffic accidents in specific locations (collision records) following a public records request without first requiring the requester to sign a statement that the records …
Article • November 15, 2011
Whether Prisoner Officials’ Actions Constitute Deliberate Indifference not Subject to Expert Opinion by U.S. District Judge John Steele granted in part and denied in part a motion in limine seeking to preclude expert opinion on whether the actions of prison officials constituted deliberate indifference. Michelle Goebert, a former Lee County, …
Article • November 15, 2011
Stress from Killing Prisoner Does Not Support Disability Claim by DOC Guard over Failure to Retire Claim by Brandon Sample By Brandon Sample The Court of Appeals of the State of Washington affirmed a trial court’s grant of summary judgment for the Washington Department of Corrections (DOC) in a suit …
Article • November 15, 2011
Filed under: Police, False Arrest
$97,500 Awarded to Woman in D.C. “Contempt of Cop” Case by On March 25, 2011, a D.C. jury awarded Lindsay Huthnance $97,500 in compensatory and punitive damages for a 2005 “contempt of arrest.” After entering a 7-Eleven convenience store and noticing a group of D.C. police standing around, Huthnance commented …
Article • November 15, 2011
$430,000 Settlement in North Carolina Police Department’s Failure to Enforce Protective Order by North Carolina’s Jonesville Police Department paid $430,000 to a lawsuit filed by Vernatta Cockerham, who claimed the police department failed to enforce a restraining order she had taken out against her estranged husband, Richard Ellerbee, on November …
Article • November 15, 2011
$450,000 Verdict Award for Victim Beaten by Off-Duty Police Officer by A jury in Illinois Winnebago County awarded Ryan Hallett $450,000 against Richmond police officer Bryan Quilici. While Quilici was off-duty, he attacked Hallett, and the jury found the officer was acting officially. The jury further found that Quilici used …
Article • November 15, 2011
Filed under: Medical, Medical Expenses
California: County Not Liable For Precommitment Arrestees' Medical Costs by John Dannenberg by John E. Dannenberg The California Court of Appeals held that San Diego County was not financially responsible for medical care for precommitment arrestees who received medical care at community hospitals prior to being booked into county jail. …
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