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Article • May 15, 2007
$1,000 Paid for WA DOC Property Destruction by James J. Koop was in transit status between Washington prisons, and his property was being stored at McNeil Island Correction Center awaiting his final settlement and receipt of postage costs to mail the property to him. Koop's agent was advised stamps could …
Article • May 15, 2007
$1,140 Paid in Car Crash by Sleeping WA Guard by Sherri L. Ellis' car was hit by a van driven by a guard who had fallen asleep. The accident occurred in the parking lot of the Clallam Bay Corrections Center. Ellis filed a claim with the Washington Office of Risk …
Article • May 15, 2007
$1,200 Paid and Apology Given in WA Racial Discrimination Suit by Washington State Penitentiary officials agreed to settle a 42 U.S.C. §1983 action filed in the Eastern District of Washington federal court filed by Sir Jesse R. Hunter. Hunter had placed his food tray on his cell door's food slot …
$1,500 Paid in WA Retaliation Suit by Washington State Penitentiary prisoner Lawrence Owens filed a 42 U.S.C. §1983 action in the Western Washington District federal court. The complaint alleged Owens was subjected to strip searches he when he made law library visits, had Photo copies destroyed by the law librarian, …
$3,300 Paid in False Sexual Conduct Claim by WA DOC Officials by James J. Koop filed a claim with the Washington Office of Risk Management alleging he had been placed in confinement at the Clallam Bay Correctional Center for pressuring other prisoner's for sex. Subsequently, he received a letter from …
$3,500 Paid for Injuries Sustained in WA Prison Riot by Reginald Halsell, a McNeil Island prisoner, filed suit in Washington's Pierce County Superior Court alleging negligent supervision on September 5, 1995, that resulted in riot that caused death to one prisoner and unspecified serious injuries to Halsell. On September 7, …
Article • May 15, 2007
$32,500 Paid in WA Bus Crash Injury Suit by McNeil Island Correction Center prisoners Juan Cruz, Raynard Gross, and Bounkhong Sengchanh filed suit in Pierce County Superior Court alleging unspecified injuries incurred in a one-bus crash. The suit alleged the Washington DOC failed to safely maintain its buses, properly and …
Article • May 15, 2007
$8,500 Paid in WA DOC Wrongful Warrant/Arrest Suit by John H. Queener was arrested on May 9, 1989, as the result of a standard warrant search during a traffic stop. The warrant was issued on January 16, 1986 by the Washington State Department of Corrections Community Supervision Office. However, on …
Article • May 15, 2007
$11,000 Paid in Illegal WA DNA Testing by McNeil Island Corrections Center Andre R. Goncalves filed a 42 U.S.0 §1983 action in the Western District of Washington federal court. The complaint asserted Fourth Amendment claims for requiring him to give a blood sample for DNA in the State's DNA database …
Article • May 15, 2007
$35,000 Paid in WA Jail Illegal Strip Search by In November 1999 a 15 year-old girl was arrested in Okanogon County, Washington, for failing to appear at a truancy hearing, a civil matter. The juvenile was strip-searched by a guard at the jail. The search was conducted in a room …
$24,000 Paid in WA Disability Termination Suit by Thomas J. Miller, a visually impaired individually applied for, was interviewed, and hired by Second Chance, a non-profit organization that is a Washington DOC Contractor, to be an on-call supervisor. Bruce Kuennan, Second Chance Director, told Miller that the Washington DOC would …
Confessions Made in Therapy Protected Under 5th Amendment by The court of appeals for the Ninth circuit held that statement made by a prisoner in court ordered therapy are protected by the Fifth amendment's right Against self incrimination. Washington state prisoner Dan Pens was committed to a sexual psychopath program …
Dismissal, Summary Judgment Against Prisoner's Medical Claims Affirmed by The U.S. Ninth Circuit Court of Appeals, affirming the U.S. District Court, Western District of Washington, held that a prisoner failed to prove that Washington prison officials were deliberately indifferent to his serious medical needs when they treated him with anti-psychotic …
Article • May 15, 2007
Police Officers' Names Not Exempt Under WA's Open Records Act by The Court of Appeals of Washington, Division I, held that the full names and rank of police officers were not exempt from disclosure under the open records provision of Washington's Public Disclosure Act and that the County was subject …
Article • May 15, 2007
Filed under: Sentencing, Good Time
WA County Jails "Good Time" Policy Constitutional by WA County Jails "Good Time" Policy Constitutional The Washington State Court of Appeals held the Skagit County Jail's policy for credit of "good-time" does not violate a pre-trial detainee or a sentenced prisoner's right to equal protection. While awaiting a second trial …
Article • May 15, 2007
WA State Properly Filed Civil Commitment Petition Two Days Before Prisoner's Prison Release Date by WA State Properly Filed Civil Commitment Petition Two Days Before Prisoner's Prison Release Date On May 9, 2000, George Taylor, a Washington State Prisoner, was two days shy of his prison release date on a …
Article • May 15, 2007
Ex-Prisoners' are not a Protected Class by The Washington State Court of Appeals held that Washington's Human Rights Commissions (H.R.C.) exceeded its "statutory authority" by promulgating the Washington Administration Code (W.A.C) 162-16-060, which protects ex-prisoner's from employment discrimination. In 1987, an ex-prisoner was hired to be a shipping/receiving clerk with …
Article • May 15, 2007
Filed under: Sentencing, Parole
WA Parole Board Must Adhere to Its Own Procedures by The Supreme Court of Washington held that the state parole board is required to give written findings when not granting parole under the Washington Administrative Code Title 381, rule 5.170 (WAC). Five Washington state prisoners filed a personal restraint petition …
Article • May 15, 2007
Washington Juvenile Dependency Records Not Subject To Disclosure Under PDA by The Washington Department of Social and Health Services (DSHS) filed a dependency action in state court regarding Shanon Deer's children The DSHS refused Deer's request for certain dependency records, so Deer filed an action to compel their disclosure under …
Article • May 15, 2007
Tape Recorded Depositions Useful to Prisoners by A federal district court in Washington has held that in addition to making the required two recordings of a witness's deposition, the requestor may make an additional unofficial recording for use as a work product. This procedure may be useful to pro se …
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