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Article • March 15, 2011
$5,000 Settlement in DC Prisoner’s Wrongful Medical Death Following Surgery by The District of Columbia (DC) paid $5,000 to settle a multi-count complaint in the death of prisoner Benjamin Brown following surgery for a colon reattachment. The complaint concerned the April 20, 2002 death of Brown at DC’s Central Treatment …
MVRA Does Not Permit Victims to Intervene in Another Suit in Order to Collect Restitution by The Mandatory Victims Restitution Act (MVRA) does not allow a victim to intervene into another suit in order to pursue the collection of restitution, the U.S. Court of Appeals for the Ninth Circuit decided …
Illinois Guard’s Wrongful Termination Suit Dismissed; Guard Terminated for Sex with Prisoners by The Seventh Circuit Court of Appeals affirmed a lower court’s dismissal of a Black Illinois guard’s wrongful termination action. In March or April 2003, Nicole Burns, a female detainee at the Cook County, Illinois jail reported that …
Illinois Guard Terminated for Sex with Prisoners; Wrongful Termination Suit Dismissed by The Seventh Circuit Court of Appeals affirmed a lower court’s dismissal of an Illinois African-American guard’s wrongful termination action. In March or April 2003, Nicole Burns, a female detainee at the Cook County, Illinois jail reported that guards …
Article • March 15, 2011
Indiana Excessive Force Suit Not Heck-Barred by The Seventh Circuit Court of Appeals reversed a lower court’s dismissal of an Indiana prisoner’s excessive force suit, concluding that the prisoner’s claims were not barred by Heck v. Humphrey, 512 U.S. 477 (1994). “Police burst into the home of Ty Evans to …
Article • March 15, 2011
Sixth Circuit Certifies to Ohio Supreme Court for Interpretation of State Law by The Sixth Circuit Court of Appeals sua sponte certified questions to the Ohio Supreme Court as to the proper interpretation of the scope of an Ohio statutory scheme restricting internet communications. In 2002, the Ohio Legislature enacted …
Article • March 15, 2011
Michigan Cop’s Mug Shot Releasable Under FOIA by The Michigan Court of Appeals held that a Detroit police officer’s mug shot may be released to the media under the Freedom of Information Act (FOIA). The Detroit Free Press made an FOIA request for the release of the booking photograph of …
Article • March 15, 2011
Ninth Circuit: Forcible DNA Extraction Violates Fourth Amendment by The Ninth Circuit Court of Appeals held that a detective’s forcible taking of a DNA sample at the request of a prosecutor violated a detainee’s clearly established Fourth Amendment rights, barring qualified immunity. Clark County Deputy District Attorney Elissa Luzaich wanted …
Article • March 15, 2011
NY Prisoner May Refuse Life-Saving Medical Treatment by The New York Supreme Court refused to authorize prison officials to treat a prisoner’s diabetes without his consent. New York prisoner Joseph Barbati suffered from Type II diabetes but refused his insulin shots “because, in his opinion, the side effects of insulin …
Article • March 15, 2011
Sixth Circuit: Lethal Injection Challenge Time-Barred; Agrees Cooey II Wrongly Decided, Urges En Banc Review by The Sixth Circuit Court of Appeals affirmed the dismissal of a condemned prisoner’s challenge to Ohio’s lethal-injection protocol as time-barred under Cooey v. Strickland, 479 F.3d 412 (6th Cir. 2007) (Cooey II). The court …
Article • March 15, 2011
Third Circuit Says Asthma May be Physical Injury by The Third Circuit Court of Appeals vacated a lower court’s dismissal of a federal prisoner’s Federal Tort Claims Act (FTCA) negligence claim for failing to show a sufficient physical injury under the Prison Litigation Reform Act (PLRA). Federal prisoner Mike Perez …
Article • March 15, 2011
Filed under: Medical, Dental Care
Washington DOC’s Jaw Removal During Tooth Extraction Nets $130,000 by The State of Washington paid a prisoner $130,000 to settle a tort claim alleging severe injuries suffered during a negligent tooth extraction. On May 24, 2006, Dr. Joel O. Diven, DDS was attempting to extract the second upper molar (tooth …
Article • March 15, 2011
Settlement of 1997 Suit Kills 2001 Suit Says Ninth Circuit by The Ninth Circuit Court of Appeals affirmed a lower court’s holding that a 2002 Settlement Agreement regarding a 1997 complaint also covered claims in a 2001 complaint. Todd Ashker was confined in California’s Secured Housing Unit (SHU) at Pelican …
Article • March 15, 2011
Violation of Washington SSOSA Need Not be Willful by The En Banc Washington state Supreme Court affirmed a lower court’s revocation of a sex offender’s suspended sentence under Washington’s Special Sex Offender Sentencing Alternative (SSOSA). In 2000, David Elvin McCormick was convicted of raping his 11-year-old developmentally disabled granddaughter. The …
Article • March 15, 2011
Washington DOC Wrongful Discharge Nets $64,718.50 Plus Reinstatement by The State of Washington settled a wrongfully discharged prison industries manager by paying him $64,718.50 in back pay, general damages, medical costs and attorney’s fees, and by re-hiring him. Wayne Armbruster was a nine year veteran of the Washington Department of …
Article • March 15, 2011
Washington Medical Neglect Suit Settled for $3,700 by The State of Washington paid a female prisoner $3,700.00 to settle her medical neglect suit. On December 19, 2007, Mission Creek Correction Center prisoner Ebony Johnson brought suit in state court, alleging that Correctional Unit Supervisor I, Anne Shoemaker, subjected her to …
Article • March 15, 2011
Washington Paraplegic’s Suit Settled for $2,750, Single Cell and Specialist Consult by The State of Washington paid a paraplegic prisoner $250 in costs, and $2,500 in attorney’s fees to settle a federal lawsuit alleging inadequate medical care, pain management and living conditions. The State also agreed to a specialist consult, …
Article • March 15, 2011
Washington Pays $46,500 for 246 Day Wrongful Imprisonment by The State of Washington paid a former prisoner $46,500.00 to settle a tort claim, alleging 246 days of wrongful imprisonment. Rand Kelson pleaded guilty to assault and was sentenced to 84 months in a Washington prison. The sentence should have begun …
Article • March 15, 2011
Washington Settles Religious Diet Claim for $1,500 by The State of Washington settled a prisoner’s religious diet suit by paying him $1,500, granting him a vegan diet and amending a prison policy. On May 14, 2004, McNeal Island Correction Center (MICC) prisoner Joe Macom listed his religious preference as Native …
Article • March 15, 2011
Washington Settles Work Release Denial Claim for $2,284 by The State of Washington paid a prisoner $2,284.00 to settle his tort claim for negligently delaying his work release. Washington prisoner Jeremy Post became eligible for work release on July 25, 2007. He was approved on October 2, 2007 for release …
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