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Article • November 15, 2011
New York Prisoner’s Medical Experimentation Complaint Improperly Dismissed by The Second Circuit Court of Appeals reversed a New York federal district court’s dismissal of a prisoner’s claim that he was subject to “inhumane treatment” by having medical experiments conducted on him. The 1971 claim of prisoner Otis Clay was brought …
Article • November 15, 2011
Mentally Ill Oregon Prisoner Pleads Guilty to Death Threats against President by A mentally ill Oregon prisoner pleaded guilty to threatening President Barack Obama. In August 2007, David Earl Anderson, a white separatist, was sentenced to prison for identity theft, supplying contraband and using a minor in a drug offense, …
Article • November 15, 2011
Filed under: Sentencing, Parole
U.S. Magistrate Rules New York Parole Policy Unconstitutional by by Derek Gilna In a U.S. Magistrate's report to U.S. District Judge George B. Daniels of the Southern District of N.Y., the New York State Division of Parole's (DOP) policy of computing parole violators' misdemeanor sentences was found to be unconstitutional. …
Article • November 15, 2011
U.S. Supreme Court Defines Prevailing Party for § 1988 Purposes by U.S. Supreme Court Defines Prevailing Party for § 1988 Purposes The U.S. Supreme Court held that the touchstone of the prevailing party inquiry must be the material alteration of the legal relationship of the parties in a manner that …
Article • November 15, 2011
Unremembered Massachusetts Police Station Beating Actionable Under Fourth Amendment by On November 24, 2010, a Massachusetts federal court ruled that a man who couldn't remember the circumstances of his being beaten in a City of Worcester, Massachusetts police station holding cell could nonetheless sue the police officer he suspected of …
Article • November 15, 2011
Unsafe Working Conditions Suit Allowed to Proceed Against Pennsylvania Prison Officials by U.S. Magistrate Judge Martin C. Carlson has granted in part and denied in part a motion for summary judgment filed by prison officials accused of deliberate indifferent and negligence. Keith Petry sued various Pennsylvania prison officials alleging 8th …
Article • November 15, 2011
Filed under: Mail, Mail Regulations
US District Court in South Carolina Rules against Prisoner Challenging Withholding of Mail to Prisoner that Violated Jail Policies by By Derek Gilna In a decision published September 14, 2010, the United States District Court for the District of South Carolina, in the matter of Michael R. Ray v. Sheriff …
Vermont Court Passes on Resolving Whether Prison Health Services is Subject to Vermont’s Public Records Act by Brandon Sample By Brandon Sample A Vermont Superior Court passed on resolving whether Prison Health Services (PHS) is subject to Vermont’s Public Records Act (PRA). David Sleigh submitted a PRA request to PHS …
Article • November 15, 2011
Washington DOC Has Sole Authority over Prisoner Placement by The State of Washington Court of Appeals held that the Department of Corrections (DOC) has the sole authority to determine the prison in which a prisoner will be placed. The court’s ruling came in DOC’s appeal of restrictions on prisoner Marcus …
Article • November 15, 2011
Washington DOC Pays $1,100 for Failing to Provide Kosher Meals by On August 16, 2004, the State of Washington paid $1,100 to settle with a state prisoner who sued the Department of Corrections for failing to provide kosher meals. The suit was filed in the U.S. District Court for the …
Article • November 15, 2011
Washington DOC Settles Employee’s Sexual Harassment Claim For $32,000 by On February 6, 2006, the State of Washington paid $32,000 to settle with a Department Of Corrections employee who claimed she was sexually harassed while employed at the Pine Lodge Pre¬release Facility. From January 1, 2001, through June 2003 Plaintiff …
Article • November 15, 2011
Washington: Financial Obligations to Crime Victims’ Compensation Account Persist Through Incarceration by The Court of Appeals of the State of Washington has affirmed a trial court’s order denying a prisoner’s motion to determine legal financial obligations (LFOs) imposed as part of his sentence. Sherman Pulley was sentenced in 1995 to …
Article • November 15, 2011
South Carolina District Court Affirms Magistrate’s Dismissal of Prisoner’s § 1983 Action Alleging Denial of Legal Access by South Carolina District Court Affirms Magistrate’s Dismissal of Prisoner’s § 1983 Action Alleging Denial of Legal Access By Derek Gilna In an action brought by prisoner Korell Robert Floyd Battle against Sheriff …
Article • November 15, 2011
Summary Judgment Denied in Challenge to Booking Fee Program by Brandon Sample By Brandon Sample U.S. District Judge Robert J. Bryan denied a summary judgment motion filed by the City of Fife, Washington in a challenge it its booking fee program. Rafael Gonzalez was arrested for soliciting a prostitute. At …
Article • November 15, 2011
Summary Judgment Denied for Male Cops Who Strip Searched Female Arrestees by U.S. District Judge Ricardo S. Martinez has granted in part and denied in part a motion for partial Summary Judgment in a lawsuit by three women who allege they were forced to expose themselves to male cops. Cristen …
Article • November 15, 2011
Summary Judgment Reversed in Vermont DOC’s Suit Against Matrix Health Systems by On March 14, 2008, the Supreme Court of Vermont reversed the trial court's granting of summary judgment to Matrix Health Systems in a suit filed by the Vermont Department of Corrections (DOC) alleging breach of a two-year contract …
Article • November 15, 2011
Superior Court in California Enters Judgment on False Imprisonment Claim for $26,223.80 by The Superior Court of California, Alameda County, entered a $26,203.80 judgment in a false imprisonment claim. Jorge Gallegos was a prisoner in the California Department of Corrections (CDOC) serving a 12 year sentence that began on September …
Article • November 15, 2011
Tenth Circuit Bars Prisoner From Filing Claim In Forma Pauperis by The Tenth Circuit Court of Appeals ruled that Michael Lee Strope, also known as Gordon Eugene Strope, a prisoner in the state of Kansas, is barred from filing any further civil action informal pauperis (IFN). Before the court were …
Article • November 15, 2011
Texas: Dismissal of Prisoner’s Property Confiscation Claim Reversed Where TDCJ Contraband Rule “Not Unambiguous” by In February 2010, the Court of Appeals of Texas (Waco) reversed in part a trial court’s order dismissing as frivolous a prisoner’s suit alleging that prison officials wrongfully confiscated and thus converted his personal property …
Article • November 15, 2011
The Ninth Circuit Court of Appeals Upholds Ban on Typewriters in Nevada Prisons by The Ninth Circuit Court of Appeals upheld a district court’s ruling that allows the Nevada Department of Corrections (NDOC) to ban prisoner typewriters. The case arose in December 2006, when Douglas Potter, a Nevada state prisoner, …
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