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Article • November 15, 2010 • from PLN November, 2010
Post-Katrina Circumstances Excuse Holding Prisoner Beyond Indictment Deadline by On June 21, 2010, the Fifth Circuit Court of Appeals held that emergency conditions at a Louisiana prison following Hurricane Katrina helped excuse the failure of a warden to release a prisoner for three months after the deadline for filing an …
$2,750 Settlement in California Prisoner’s Denial of Exercise Claim by The California Department of Corrections and Rehabilitation (CDCR) paid $2,750 to settle a prisoner’s Eighth Amendment claim for denial of exercise. The May 7, 2008 settlement came in a lawsuit filed by prisoner Terrell Curry. In his third amended complaint, …
Summary Judgment Reversed in Illinois Jail Suicide Suit by The Seventh Circuit Court of Appeals reversed a lower court’s grant of summary judgment to Illinois jail officials stemming from the in-custody suicide of a federal pretrial detainee. On April 13, 2005, Stanley Bell was confined at the St. Clair County …
DC Circuit Reverses CCA/TransCor Non-Exhaustion Dismissal by The U.S. Court of Appeals for the District of Columbia (DC) Circuit reversed a district court’s dismissal of a prisoner’s lawsuit for failure to exhaust administrative remedies and for conceding summary judgment by failing to respond to the defendants’ summary judgment motion. The …
Bivens Case by Disabled Prisoner Against Federal Prison Officials Remanded; Settles for $15,000 by The U.S. Court of Appeals for the Fourth Circuit reversed a grant of summary judgment to federal prison officials in a Bivens case brought by a handicapped prisoner who was unable to take a shower or …
Military Contractors Granted Summary Judgment by On September 11, 2009, Iraqi citizens, Haidar Muhsin Saleh and Ilam Nassir Ibrahim, lost their appeal to the District of Columbia Circuit in regard to lawsuits filed against two private military contractors. The two men represented a group of plaintiffs who alleged they or …
Washington State Prisoner Cannot Sue State for Volleyball Injury Caused by Oversized Shoes by On September 21, 2009, the Washington State Court of Appeals held that a prisoner cannot recover damages from the state for injuries she received while playing volleyball in oversized sport shoes issued to her by the …
Massachusetts’ Prison Ban on Sexually Explicit Material Upheld by A Massachusetts federal district court has held a legitimate penological interest exists for a Massachusetts Department of Corrections policy that bans sexually explicit publications. Before the Court was a lawsuit brought by 11 prisoners, alleging violation of their First Amendment rights. …
Summary Judgment Denied in Ohio Police Excessive Force Case by An Ohio Federal district Court granted in part and denied in part a motion for summary judgment in a lawsuit against guards at the Montgomery County Jail, alleging use of excessive force. After being arrested by Dayton Police for criminal …
Wisconsin Federal Court Discusses Censorship of “Gang Material” in Prisons by In ruling that prison officials, in part, violated a prisoner’s First Amendment free speech rights by disciplining him for having gang-related literature, a Wisconsin federal district court provided an engrossing discussion on the factors that would make such literature …
"Mere Propinquity" Not Sufficient Probable Cause for Search of Home by "Mere Propinquity" Not sufficient Probable Cause for Search of Home On March 22, 2006, a Sheriff’s Deputy was shot and killed while conducting a traffic stop in Bernalillo County, New Mexico. The search for the primary suspect in the …
Summary Judgment Denied in Part in New York Prisoner Extortion/Beating Suit by On October 28, 2009, a New York federal court denied in part New York City jail officials' motion for summary judgment in a lawsuit brought by a Rikers Island pretrial detainee after guards allegedly ignored his request for …
Arkansas Supreme Court Upholds Changes to Death Penalty Procedures by Frank Williams, Jr., an Arkansas Death Row prisoner, filed a complaint for declaratory judgment in state circuit court, alleging that the Arkansas Department of Corrections (DOC) administrative directive (AD) 08-28 setting forth execution procedures was adopted in violation of the …
Kansas DOC Ban on Bare Buttocks Magazines Questioned by A Kansas federal district court granted prison officials summary judgment on a procedural due process claim and ordered further discovery in a civil rights action alleging First Amendment violation for banning publications that depict bare buttocks. In granting prison officials partial …
California Prisoner Settles Medical Suit for $35,000 by Eighteen months after surviving a motion for summary judgment, California prisoner William Milton agreed to a settlement of $35,000 in a case involving denial and delay of medical treatment. Though unpublished, the district court’s March 2007 order denying defendants’ motion for summary …
Canadian Appellate Court Affirms $12,000 Judgment for Prisoner by On June 2, 2009, a Canadian appellate court affirmed a decision by Federal Court Prothonotary Martha Milczynski awarding $12,000 to Barry Carr, a federal prisoner. Carr had accused Correctional Service of Canada (CSC) of negligence and breaching its duty of care …
$2.1 Million Awarded in New York Unjust Conviction Claim by On March 16, 2009, a New York Court of Claims awarded $2,093,420 in damages to a man who was wrongfully convicted of sexually assaulting his 4-year-old child. He had spent more than two years in a maximum-security prison. During “an …
Texas Religious Group Policies May Violate First Amendment and RLUIPA; TDCJ Changes Policy by The Fifth Circuit Court of Appeals held that Texas Department of Criminal Justice (TDCJ) policies that had the effect of prohibiting a prisoner from meeting with other members of his religion and possessing religious items may …
Seventh Circuit Reverses Dismissal of 8th Amendment and FTCA Medical Claims; Case Settles on Remand for $20,000 by The U.S. Court of Appeals for the Seventh Circuit has reversed, for the second time, a grant of summary judgment to two Bureau of Prisons (BOP) medical employees and the United States …
Fifth Circuit Reinstates Texas Prisoner’s Failure-to-Protect Suit by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals reversed in part a district court’s dismissal of a prisoner’s failure-to-protect suit, though the case lost at trial after remand. Ernesto R. Hinojosa, Sr., a Texas state prisoner, was housed in …
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