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Article • November 15, 2011
Filed under: Money/Property, Restitution
Trial Court Erred in Extending Jurisdiction over Restitution Collection Outside Ten-Year Window by Brandon Sample By Brandon Sample The Court of Appeals for the State of Washington vacated an order extending a trial court’s jurisdiction to ensure collection of restitution order. The court’s decision comes in response to a personal …
Article • November 15, 2011
Two Oregon Cops Terminated for Child Sex Abuse by On April 1, 2011, a 21-year veteran of the Lane County Sheriffs Office in Eugene, Oregon submitted his resignation in lieu of being terminated for sexually abusing two minors. He also forfeited his law enforcement certification, barring future employment as a …
Article • November 15, 2011
Minneapolis Agrees to Pay $3 Million to Settle Theft/Official Oppression Claims Against Strike Force by Brandon Sample By Brandon Sample The City of Minneapolis agreed to pay $3 million to settle a class-action lawsuit over the operations of its now disbanded Metro Gang Strike Force (Strike Force). When the Strike …
Article • November 15, 2011
New Hampshire Supreme Court Reverses Dismissal of Indictments against Prisoner for Conduct Exposing Corrections Employee to Bodily Substances by Derek Gilna By Derek Gilna In a November 30 decision, the New Hampshire Supreme Court reversed a dismissal of indictments against Timothy Spade, a prisoner at the Hillsborough County House of …
Article • November 15, 2011
New York Court of Appeals Upholds Sex Offender Visitation Rights by The New York Court of Appeals, Third Division, upheld a family court’s ruling that the father who is convicted of 49 counts of child molestation of his male students be granted visitation rights with his young daughter. The New …
Article • November 15, 2011
New York Settles Wrongful Arrest Case for $35,000 by By Derek Gilna In a Stipulation and Order of Settlement filed with the United States District Court for the Southern District of New York on May 13, 2010, the City of New York has agreed to pay $35,000 to settle the …
Article • November 15, 2011
Ninth Circuit Affirms Jury Verdict Against TASER, But Reverses Damages Award by While affirming a jury verdict finding TASER International liable in the death of Robert Heston, a conservative Ninth Circuit panel effectively gutted the judgment by reversing the compensatory damages award to Heston's estate. Adding insult to injury, the …
Article • November 15, 2011
Ninth Circuit Reverses Conviction after Prosecutors Improperly Questioned Defendant about Details of Prior Conviction by By Brandon Sample The U.S. court of appeals for the Ninth Circuit reversed a defendant’s conviction for assaulting a guard after prosecutors improperly questioned the defendant concerning details of a prior bank fraud conviction. Daniel …
Article • November 15, 2011
No Immunity in Product Liability Suit Because of FDA Warning by In March 2011, the U.S. Supreme Court unanimously affirmed a Ninth Circuit holding that the makers of Zicam Cold Remedy (Matrixx Initiatives, Inc.) were potentially liable for failing to disclose reports of a possible link between their product and …
Article • November 15, 2011
No Sixth Amendment Right to Confront Witnesses at Parole Revocation Hearings by Brandon Sample By Brandon Sample The Sixth Amendment’s right to confront witnesses does not apply to parole revocation proceedings, the U.S. Court of Appeals for the Tenth Circuit decided November 24th, 2010. The U.S. Parole Commission revoked Bruce …
Article • November 15, 2011
Filed under: Civil Procedure, Witnesses
Prisoners Not Entitled to Witness Fees by Prisoners are not entitled to witness fees, U.S. District Judge Michael Reagan recently held. Christopher Lekas, a prisoner at the Dixon Correctional Center in Dixon, Illinois, testified via video feed from prison in a civil rights action. After testifying, Dixon filed a motion …
Article • November 15, 2011
Ohio DOC Not Liable in Prisoner’s MRSA Death by An Ohio claims court held that the Ohio Department of Rehabilitation and Correction (ODRC) is not liable for a prisoner’s death in a wrongful death and medical negligence lawsuit. The court’s ruling was based upon community-acquired MRSA not being widely acknowledged …
Article • November 15, 2011
Filed under: Medical, Vision
$80,000 Settlement Reached in Eye Damage Suit against Washington Department of Corrections by An $80,000 settlement was reached in a suit filed against the Washington Department of Corrections (WDOC) for medical negligence resulting in partial loss of vision. In October 1997, Jerry Wilms was a prisoner at McNeil Island Corrections …
$500,000 Award in Washington Malicious Prosecution Claim by A Washington state federal jury awarded $500,000 to the plaintiff in a civil rights action that alleged malicious prosecution. The suit was brought by Brian Wiederspohn against two Whatcom County Sheriff deputies. The deputies, Jeremy Freeman and Trevor Vanderveen, went to Wiederspohn’s …
Article • November 15, 2011
$900 Settlement for California Prisoner Attacked after Guard Malfeasance by The California Department of Corrections (CDOC) agreed to pay $900 to a prisoner who was attacked by rival prisoners at Corcoran State Prison. On July 12, 2008 Samuel Saldana was beaten by Hispanics from southern California after S. Walsh, a …
Article • November 15, 2011
Filed under: Medical, Urinary
CDOC Agrees to Pay $5,000 to Resolve Medical Indifference Suit by On May 13, 2009, the California Department of Corrections (CDOC) agreed to pay $5,000 to a prisoner who received deliberately indifferent medical care. According to Humberto Preciado’s 42 U.S.C. § 1983 suit, medical staff at Chuckawalla Valley State Prison …
Article • November 15, 2011
Filed under: Searches, Police Searches
CDOC Agrees to Pay $10,000 to Settle Suit Alleging Unlawful Search of a Home by On April 16, 2009, the California Department of Corrections (CDOC) agreed to pay $10,000 to a woman after CDOC staff unlawfully entered her home. Rita Baldwin sued the CDOC after undercover CDOC agents entered her …
Article • November 15, 2011
CDOC Agrees to Pay $20,000 for Unlawful Imprisonment by Steven Larson sued the CDOC alleging constitutional violations, false imprisonment, and negligence after he was unlawfully held for 47 days. In 2007, Larson violated the conditions of his parole. At the revocation hearing, Larson received a firm parole discharge date of …
Article • November 15, 2011
Consent Decree Sets Religious Diet Regulations at Wyoming State Prison by Based upon a negotiated settlement, a Wyoming federal district court entered a consent decree that establishes rights for prisoners around religious diet regulations at the Wyoming State Prison (WSP). The suit was brought by two Muslim prisoners, Joseph Miller …
Article • November 15, 2011
Court Orders Discovery of Documents in Sex Abuse Suit by On October 14, 2004, U.S. Magistrate Judge Gabriel W. Gorenstein ordered the defendants in a 42 U.S.C. § 1983 action to produce copies of documents related to the sexual misconduct allegations in the suit. The plaintiffs alleged that guards had …
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