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Westfield v. County of Orange, CA, Settlement, Workplace Threats, 2019 Jennifer Westfield v. County of Orange, Deputy Flynn, et. al. Case Number: SETTLEMENT This Jennifer Westfield Orange County Sheriff's Tlie Settlement Agreement Central Defendants and and Jail, Deputy Plaintiff shall AND Orange RELEASE ("Agreement") on the one County Alexander is …
Scott v. Patterson, et al., SC, complaint, wrongful death, 2019 8:19-cv-02057-RMG-JDA Date Filed 07/23/19 Entry Number 1 Page 1 of 30 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Yvette Scott, individually and as Personal Representative of the Estate of Raymond Angelo Scott, Plaintiff, vs. Dennis Patterson, Joseph …
Florida: No Qualified Immunity for Jail Medical Staff in Prisoner’s Death by David M. Reutter by David M. Reutter A Florida federal district court has held that a doctor and nurse at the Orange County Jail (OCJ) were not entitled to qualified immunity in a lawsuit filed by the estate of …
Jessop v. City of Fresno, CA, NCLA Amicus Curiae Brief, Protection of Fourth Amendment Rights, 2019 Case: 17-16756, 05/13/2019, ID: 11296044, DktEntry: 46-2, Page 1 of 21 No. 17-16756 In the United States Court of Appeals for the Ninth Circuit _____________ Micah Jessop; Brittan Ashjian, Plaintiffs-Appellants, v. City of Fresno; …
Sixth Circuit Rejects Qualified Immunity for Jail Guard Accused of Sexual Abuse by Matthew Clarke by Matt Clarke On February 15, 2019, the Sixth Circuit Court of Appeals upheld a district court’s denial of qualified immunity to an Ohio jail guard who allegedly ordered a prisoner to expose herself and …
Article • May 3, 2019 • from PLN May, 2019
Eleventh Circuit Agrees Prosecutor is Entitled to Qualified Immunity in Retaliation Case by Chad Marks by Chad Marks Douglas Echols was convicted of a 1986 kidnapping and rape in Georgia despite his protestations of innocence. After serving seven years of a 15-year sentence, a DNA test revealed that semen recovered …
Article • May 3, 2019 • from PLN May, 2019
Oklahoma: Sovereign Immunity Prohibits Lawsuits Over Prisoner Medical Care by Oklahoma’s Supreme Court held on December 4, 2018 that the state is entitled to sovereign immunity to all tort suits, including violations of constitutional rights, arising out of the “operation or maintenance of any prison, jail or correctional facility.” That …
Article • May 3, 2019 • from PLN May, 2019
New York: Liability Established in Claim Over Assault by Prison Guard by Matthew Clarke by Matt Clarke  On November 28, 2018, a New York Court of Claims found the state liable in a claim filed by a prisoner over an assault by a prison guard. Roy Harriger, 71, who walked …
Tenth Circuit: Prisoner Forfeited ADA Abrogation of Sovereign Immunity Argument by Mark Wilson by Mark Wilson The United States Court of Appeals for the Tenth Circuit held that a former Colorado prisoner waived his argument that Title II of the Americans with Disabilities Act (ADA) abrogates sovereign immunity. The court …
Article • April 19, 2019
Washington Officials Violated First Amendment by Removing Prisoner’s Art from Exhibit Due to Criticism by Mark Wilson by Mark Wilson A Washington federal court denied state officials’ summary judgment on a claim that they violated a Native American prisoner’s First Amendment rights by prematurely removing his paintings from an art …
Beck v. Hamblen County, TN, Memorandum Opinion and Order, Unsafe Jail Conditions, Assault, 2019 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE ZACKERY BECK, Plaintiff, v. HAMBLEN COUNTY, TENNESSEE and ESCO JARNAGIN, Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 2:17-cv-178 Judge Travis …
Article • April 2, 2019 • from PLN April, 2019
Hawaii Supreme Court: Pretrial Solitary Wrong, but Warden Protected by Qualified Immunity by Derek Gilna by Derek Gilna Mukadin Gordon, who had an extensive criminal record, was arrested for a non-violent offense in August 2010 and placed in solitary confinement for several months.  He sued under 42 U.S.C. § 1983 …
Love v. Franklin County, KY, Opinion and Order, Deliberate Indifference, 2019 Case: 3:18-cv-00023-GFVT Doc #: 16 Filed: 03/27/19 Page: 1 of 16 - Page ID#: 172 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION FRANKFORT KELSEY LOVE, Plaintiff, V. FRANKLIN COUNTY, KENTUCKY, et al., Defendants. ) ) ) …
Article • March 6, 2019 • from PLN March, 2019
Tenth Circuit: Qualified Immunity Defeats 22-Year Solitary Confinement Claims by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Tenth Circuit held on August 29, 2018 that prison officials were entitled to qualified immunity in a lawsuit challenging a prisoner’s 22 years in solitary confinement.  Kansas prisoner …
Ohio County Jail Faces Increased Liability Due to Numerous Lawsuits by Edward Lyon by Ed Lyon The Montgomery County Jail in Dayton, Ohio faces liabilities exceeding $10 million, as lawsuits continue to multiply. Former chief deputy Scott Landis testified to having no memory of any of the incidents that gave …
Article • December 7, 2018 • from PLN December, 2018
Garnishment Action in Federal Court to Collect Jury Award was Improper by The Eleventh Circuit Court of Appeals held that garnishment actions are “suits” for Eleventh Amendment purposes. That holding compelled the appellate court to find a prisoner could not pursue a garnishment motion in federal court to redirect funds …
White v. Watson et al., IL, Verdict, Wrongful Death, 2018 Case 3:16-cv-00560-JPG-DGW Document 179 Filed 12/07/18 Page 1 of 2 Page ID #7278 Case 3:16-cv-00560-JPG-DGW Document 179 Filed 12/07/18 Page 2 of 2 Page ID #7279
Brief • December 4, 2018
Monroe v. Coleman County Texas, et al., TX, Response, Summary Judgment, 2018 Case 6:18-cv-00015-C Document 26 Filed 12/04/18 Page 1 of 30 PageID 291 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS SAN ANGELO DIVISION PATSY K. COPE, individually, and ALEX ISBELL, as dependent administrator of, and on …
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