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Ninth Circuit Explains Limitations on Police Beating, Prosecution Claims by The plaintiff's malicious prosecution claim did not accrue until his criminal charges were resolved favorably, and the limitations period did not begin to run until then. The statute began to run on his use of force claim at the time …
Article • August 15, 2008
Illinois Police Brutality Suit Settles for $180,000 by The City of Waukegan (Illinois) settled a civil rights action against police for $180,000 after the 2005 macing and beating of concerned citizen Rogelio Rios Castillo. Castillo verbally tried to prevent police from excessively beating an arrestee in front of his home. …
Article • August 15, 2008 • from PLN August, 2008
Illinois Man Falsely Arrested in Attempted Child Abduction Awarded $2 Million by A federal jury has awarded over $2 million to a man who was acquitted of attempting to abduct two young girls. In March 2001, a man approached an eight-year-old girl on the front porch of her home in …
Article • July 15, 2008
$307,142 Awarded For Florida False Arrest And Malicious Prosecutions by Florida residents Noel Rivera, Mam Asad, and Tony Garcia (plaintiffs) brought action against County of Miami Dade Police for Fourth and Fifth Amendment violations when they were falsely arrested and detained, largely without bail, for a 2000 incident in which …
Brief • February 18, 2008
Filed under: Malicious Prosecution
Sykes v Anderson, et al., MI, Plf Supp Trial Brief, malicious prosecution, 2008 Case 2:05-cv-71199-NGE-RSW Document 169 Filed 02/18/2008 Page 1 of 20 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KIMBERLY SYKES, Plaintiff, Case No. 05-71199 Honorable Nancy G. Edmunds Magistrate Judge R. Steven Whalen vs. DERRICK …
Two Wrongfully Imprisoned Michigan Men Receive $2.75 Million Partial Settlement by Two Wrongfully Imprisoned Michigan Men Receive $2.75 Million Partial Settlement On November 2, 2001 two Michigan men who were wrongfully imprisoned for eight years before their convictions were overturned reached a $2.75 million partial settlement with the prosecuting county. …
Arrestee Stated §1983 Claim Against Coroner; Heightened Pleading Standard Overruled by Arrestee Stated §1983 Claim Against Coroner; Heightened Pleading Standard Overruled The U.S. Ninth Circuit Court of Appeals, reversing the U.S. District Court, Northern District of California, ruled that the district court erred in holding an arrestee to a heightened …
No Immunity for Retaliatory Work Release Discipline by The plaintiff was on work release. He alleged that he had a dispute with an officer, filed a grievance against the officer, who then filed a false disciplinary report against him; the officer was allowed to participate in the hearing and dictated …
Private Industries Employee Liable for using Disciplinary Hearing to Secure Restitution by Private Industries Employee Liable for using Disciplinary Hearing to Secure Restitution A Kansas federal district court denied in part and granted in part a motion for summary judgment filed by defendants in a 42 U.S.C. Section 1983 action …
FBI Not Liable for Wrongful Incarceration of Federal Prisoner for Eight Years by The United States Court of Appeals for the First Circuit dismissed former federal prisoner Frank Boldoc's civil rights complaint for eight years of wrongful incarceration. Boldoc and another former federal prisoner, Francis Larkin, filed this claim under …
Prosecutor, Daughter Immune for Trying to Elicit Jailhouse Confession by The plaintiff was accused by his daughter of sexually molesting and murdering her childhood friend. His daughter then visited him in jail to try to induce him to confess, allegedly with the knowledge of the prosecutor. He refused to talk …
False Charges against Staff Not Unconstitutional by Correction officers subjected to allegedly unfounded disciplinary prosecutions could not bring a § 1983 suit for malicious prosecution. Even though New York State recognizes the tort of malicious prosecution based on administrative proceedings, the Supreme Court plurality said in Albright v. Oliver that …
Police Denied Qualified Immunity for Fabricated Evidence by The Fourth Circuit court of Appeals affirmed a lower court's denial of summary judgment to a Virginia State Police agent who fabricated evidence in a capital case. Rebecca Williams was raped and murdered on June 4, 1982. Before she died, Williams stated …
Summary Judgment Precluded in Beating, Qualified Immunity for Hearing Officer by A New Jersey prisoner brought § 1983 action alleging violations of his constitutional rights. Defendant prison officials and guards motioned for partial summary judgment. The U.S. District Court for the District of New Jersey held: 1) Summary judgment against …
Georgia Sheriff Sues Over Using Prisoner Labor by A Georgia federal district court has found that the defendants in a 42 U.S.C. § 1983 action alleging claims of (1) bad faith prosecution; (2) arrest without probable cause; (3) deprivation of liberty without due process; (4) unlawful search and seizure of …
North Carolina Prosecutors Reprimanded For Intentionally Withholding Crucial Exculpatory Evidence in Capital Case by by Matthew T. Clarke Alan Gell cried recently after a North Carolina State Bar panel issued a mere reprimand, the least discipline possible, to two former prosecutors who withheld evidence in his capital murder case. "Here …
$500 Paid in WA Failure to Protect Case by Scott W. Skylstad was transferred to another unit within the Washington State Penitentiary after guards received a death threat against him. However, the unit he was moved to was the same one the threat came in the mail from. Despite repeated …
PLRA Protects Lawless Guards Accused in Prisoner Beating by A lawsuit filed by a federal prisoner in Colorado provides a clear example of how the Prison Litigation Reform Act (PLRA) protects lawless prison guards from the consequences of their blatantly illegal actions. William Vance Turner is a Federal Bureau of …
Washington DOC Hit with almost $50 Million in Verdicts and Settlements in Parole Victim Suits by A federal district court in New York has reinstated the malicious prosecution claim in Scott v. Coughlin and allowed trial to proceed on the issue of whether the denial of three requested witnesses at …
Article • May 15, 2000 • from PLN May, 2000
$880,000 In GA Medical Neglect Suit by On February 27, 1999, a Baldwin county superior court jury in Georgia awarded prisoner Stephanie Stitt $600,000 in damages in a medical neglect suit against Correctional Medical Systems (CMS). Stitt fell and injured her back while playing volleyball at the Baldwin State Prison. …
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