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Witness Testimony Judged Appropriate on Appeal by Following his conviction for custodial assault, Washington prisoner David Sykes filed his appeal arguing the trial court admitted into evidence “improper opinion testimony” and his counsel was ineffective for failing to object to it. Sykes was convicted of the assault for throwing a …
Article • April 15, 2011
California Court of Appeal Invalidates Legislative Amendments to Voter-Approved Drug-Treatment Diversion Initiative by In November 2009, the California Court of Appeal affirmed the judgment of the Superior Court of Alameda County which enjoined enforcement of a legislative enactment, senate Bill 1137, that sought to amend Prop. 36, a voter-approved initiative …
Article • April 15, 2011
Filed under: Guards/Staff, Guard Unions
California: District Court Denies CCPOA’s Motion for Summary Judgment by In February 2010, in a case alleging breach of contract and defamation on the part of the California Correctional Peace Officers Association (CCPOA), the nation’s largest union of correctional officers and an organizational member of Corrections USA (CUSA), a non-profit …
Article • April 15, 2011
Federal Agent Assaulted By Chula Vista Police, Awarded $2.2 Million by Jury by In March 2010, a San Diego jury awarded federal agent Sergio Lopez $1.2 in compensatory damages and $1.0 million in punitive damages after finding that he was unlawfully assaulted and battered by Chula Vista police officers. On …
Article • April 15, 2011
Ninth Circuit: Jury Finding of Excessive Force Entitles Prevailing Party to Award of Attorney’s Fees by A divided Ninth Circuit has affirmed a jury’s award of only nominal damages for a police officer’s use of excessive force, but reversed the district court’s decision to deny costs and attorney’s fees to …
Article • April 15, 2011
California: Renewed Motion for Attorney Fees Properly Denied When Correct Authority Not Diligently Raised by The California Court of Appeal has affirmed the denial of two requests for attorney fees brought by the state of California, two state agencies and three state officials (collectively, the state), after they successfully defended …
Article • April 15, 2011
Class-Action Status Granted in Erie County, New York, Strip Search Lawsuit by On June 6, 2010, a New York federal court granted class-action status to the plaintiffs in a 42 U.S.C. § 1983 civil rights lawsuit challenging the blanket strip search policy in place in Erie County, New York, jails …
Article • April 15, 2011
Filed under: Mail, Mail Regulations
TDC Correspondence Rules Challenged (1971) by In 1971, Texas prisoner Guadalupe Guajardo filed a class-action lawsuit pursuant to 42 U.S.C. § 1983 challenging the constitutionality of the correspondence rules and practices that were currently in effect in the Texas Department of Corrections (TDC). When the district court found many of …
Article • April 15, 2011
Sixth Circuit Affirms Denial of Qualified Immunity for Michigan DOC Officials for Religious Book Censorship by On February 6, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed a denial of qualified immunity for three Michigan prison officials accused of violating the First Amendment and the Religious Land …
Article • April 15, 2011
Georgia Detainee's False Imprisonment Conviction Reversed Due to Lack of Evidence by The Georgia Court of Appeals reversed the false imprisonment conviction of three detainees because the evidence presented at their trial was insufficient to support their convictions. On November 5, 2006, Reheim Jaahad Shearin, Tyrone Caruthers, Jason Tyrone Dellemar …
Article • April 15, 2011
Filed under: Sentencing, Parole, Probation
Time Spent In Alaska Residential Treatment Not Credited Against Suspended Sentences by In a memorandum decision, the Alaska Court of Appeals held that time spent in a residential treatment program may not be credited against a suspended sentence later served. This time is not time served “pending trial, sentencing, or …
Article • April 15, 2011
$1,360.50 Settlement in Washington State Public Records Act Litigation by The Washington State Department of Corrections (WDOC) paid $1,360.50 to settle a Public Records Act claim. The Settlement came in a suit brought by prisoner Brandt Sappenfield. In his July 20, 2002 complaint, Sappenfield alleged that on February 11, 2002, …
$20,000 Settlement in Oklahoma Nuisance Claim, Prisoner’s Suicide by Oklahoma County, Oklahoma Sheriff John Whetsel and Oklahoma County paid $20,000 to settle a nuisance claim. The settlement came in a lawsuit filed by David Bard and his two minor children. Bard, in his April 11, 2007 complaint alleged that from …
Article • April 15, 2011
$24,500 Settlement in Slip and Fall Suit by Wackenhut Corrections Corporation paid $24,500 to settle a slip and fall and negligent maintenance suit filed by Florida prisoner Randolf Bailey. The incident occurred on October 2, 2002 at South Bay Correctional Facility. In his complaint, Bailey claims he was exiting the …
Article • April 15, 2011
$35,000 Settlement in Florida Prisoner’s Negligence Claim, Failure to Correct Dangerous Condition Against Geo Group by The Geo Group, Inc., Florida Correctional Finance Corporation, South Bay Correctional Facilities Financing Corporation and the Florida Department of Corrections paid $35,000 to settle a prisoner’s negligence claim. The settlement came in a lawsuit …
$75,000 Settlement in Prisoner’s Negligence Claim Injury Due to Failure to Correct Dangerous Condition by The Wackenhut Corrections Corporation paid $75,000 to settle a prisoner’s negligence claim. The settlement came in a lawsuit filed by Florida prisoner Thomas Less Stevens. Stevens alleged in his complaint against Wackenhut that on December …
Article • April 15, 2011
$250,000 Settlement in Florida Auto Accident Claim Against Geo by The Geo Group paid $250,000 to settle an auto accident claim. The settlement came in a lawsuit filed by Elsworth Noel Seals. In her complaint, Seals alleged that on March 1, 2006. While approaching an intersection in her vehicle in …
Article • April 15, 2011
Appeal for Summary Judgment Upheld for Qualified Immunity by The Eleventh Circuit Court of Appeals upheld a Georgia Federal District Court’s order granting dismissal of a lawsuit alleging use of excessive force on a prisoner. On January 28, 2007, Reginald Fennell was arrested for several misdemeanor charges. As he was …
Florida Department of Corrections and Wackenhut Corrections Corporation Paid $35,000 Settlement in Discrimination Lawsuit by Wackenhut Corrections Corporation and the Florida Department of Corrections (FDOC) paid $35,000 to settle a discrimination and retaliatory practices lawsuit. In his civil complaint, ex-FDOC senior psychologist Majid A. Shams, who is of Iranian descent, …
Article • April 15, 2011
New York Supreme Court Denies Challenge to the Voluntariness of Plea by The Supreme Court of New York, Appellate Division, denied a prisoner’s challenge of the voluntariness of his plea agreement despite waiving his right to appeal. Claudio Nunez was charged in Sullivan County with aggravated harassment of a guard …
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