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Article • March 15, 2011
Washington Supreme Court Rejects Judge’s Effort to Bar Public Release of Investigative Report by The Supreme Court of Washington state affirmed a lower court’s release of an investigative report concerning a hostile work environment created by Federal Way Municipal Court Judge Michael Morgan. A Federal Way, Washington, Municipal Court employee …
Article • March 15, 2011
Filed under: Sentencing
8th Circuit Upholds 60 Month Sentence for Marijuana, Tobacco found on Federal Prisoner. by The U.S. Court of Appeals for the Eighth Circuit has affirmed a 60 month sentence for a federal prisoner caught smuggling tobacco and marijuana through visiting. Tony Ray Ferguson was indicted under 8U.S.C. §1791 (a)(z) for …
Alabama DOC Settles Wicca Suit by On August 20, 2004, the Alabama Department of Corrections (ADOC) agreed to settle a suit seeking recognition and accommodation of Wiccan religious practices. In 1995, Timothy Hornsby sued the ADOC arguing that its refusal to recognize Wicca as a religion violated his constitutional and …
Article • March 15, 2011
$525,001 Settlement in Washington Public Records Suit Involving Abused Minors by The Washington State Department of Social and Health Services paid $525,001 to settle the lawsuit of Estera L. Tamus, Ruth S. Tamus and M., a minor, for failing to provide public records upon request. Estera, Ruth and M. claimed …
Article • March 15, 2011
Taser and Asphyxiation Death By New Mexico Cops Leads to $1,000,000 Settlement by The City of Raton, New Mexico has agreed to pay $1,000,000 to the estate of a man who died after police Tasered him 23 times and essentially asphyxiated him. On November 18, 2007, in the wee hours …
Article • March 15, 2011
Connecticut Trial Courts Lack Power to Unseal Records by Connecticut’s Supreme Court held that a trial court in an administrative appeal, which does not have continuing jurisdiction over cases where sealing orders were issued and does not have custody of or control over the sealed docket sheets, does not have …
Article • March 15, 2011
Filed under: PLRA, Filing Fees (PLRA)
Criticism of a PLRA IFP Provisions by Judge Issued in Order by A frustrated U.S. District Judge Milton Shadur issued critical comments about the Prison Litigation Reform Acts (PLRA) filing fee assessment/collection procedures on March 16, 2010. The order came in a 42U.S.C. §1983 suit by Maurice Sanders. Sanders was …
D.C. Department of Corrections Employee Exposed to Environmental Pollutants Settles for $10,000 by On July 18, 2006, the District of Columbia paid $10,000 to settle with a Department of Corrections employee who suffered respiratory illness after exposure to environmental pollutants. The suit, filed in the U.S. District Court for the …
D.C. Employee Fired for Delivering Unopened Letter Settles for $30,000 by On March 26, 2004, The District of Columbia paid $30,000 to settle with a Department of Corrections employee who was fired for attempting to have an unopened letter delivered to a prisoner. The suit, filed in the U.S. District …
Article • March 15, 2011
D.C. Guard Settles Slip and Fall Suit for $50,000 by On June 21, 2001, the District of Columbia paid $50,000 to settle with a guard who had sued the District in D.C. Superior Court for negligence after she slipped and fell on a wet floor. According to the complaint, the …
Article • March 15, 2011
D.C. Pays $5,000 Settlement in Stabbed Prisoner’s Failure to Protect Suit by The District of Columbia (D.C.) paid $5,000 to settle the negligence suit of prisoner Antonio Avery for injuries resulting from a stabbing by other prisoners. While at D.C.’s Central Facility in Lorton, Virginia on June 11, 1999, Avery …
Article • March 15, 2011
D.C. Pays $18,000 Settlement to Prisoner Injured in Transport Vehicle by On March 25, 1998, the District of Columbia paid $18,000 to settle a lawsuit filed by Plaintiff Roland Robinson, who suffered unspecified injuries when the prison transport vehicle he was riding in flipped over while en route to the …
Article • March 15, 2011
D.C. Settles Prisoner’s Stabbing/Beating Suit for $12,500 by The District of Columbia (D.C.) paid $12,5000 to settle the negligence suit of prisoner David Lee for injuries incurred from being stabbed and beaten by two other prisoners. While at the D.C. Jail on July 13, 2002, Lee was stabbed by a …
D.C. Settles Unreasonable Strip Search, Sexual Battery Allegations for $15,750 by On May 11, 2006, the District of Columbia paid $15,750 to settle a lawsuit filed by two prisoners who claimed they were subjected to unreasonable strip searches and sexual battery by guards at the Central Facility in Lorton, Virginia. …
Article • March 15, 2011
Filed under: Attorneys, Attorney Client
Dismissal of Prosecution is only remedy for Taking of Attorney-Client Materials by State by The Court of Appeals for the State of Washington, Division III, has affirmed the dismissal of a child molestation prosecution after detectives unlawfully took attorney-client privileged materials during a search. James Perrow was charged with child …
Drill Bit Left in Jaw Nets D.C. Prisoner $15,000 Settlement by On March 22, 2005, a prisoner of the District of Columbia and Corrections Corporation of America (CCA) settled for $15,000 his suit alleging medical negligence for a botched dental procedure. James Moore was admitted to a D.C. hospital on …
Eighth Circuit Dismisses Appeal Where Parties Attempted to Manufacture Jurisdiction by The U.S. Court of Appeals for the Eighth Circuit has rejected an attempt by the parties in a suit against Corrections Corporation of America (CCA) to manufacture appellate jurisdiction for an interlocutory appeal from a district court’s grant of …
Article • March 15, 2011
Elderly Home Detention Program Eligibility Determined Based on Sentence Imposed Without Good Time by In determining eligibility for the Elderly Offender Home Detention Pilot Program (EOHDPP), the Bureau of Prisons (BOP) may not consider a prisoner’s earned good time in calculating whether a prison has served enough time to enter …
Article • March 15, 2011
Expert Report Not Required for Primary Care Physician to Testify by A physician who treated a patient plaintiff may testify concerning his consultation or treatment of a patient without providing an expert report, U.S. District Judge Michael Ponsor recently decided. Under Fed. R. Civ. P. 26., Judge Ponsor concluded that …
Georgia Sex Offender Registration Act Unconstitutionally Vague As Applied to Homeless Offenders Without a Route or Street Address by Georgia’s sex offender registration law is unconstitutionally vague as applied to homeless sex offenders, the Supreme Court of Georgia decided October 27, 2008. William Santos was charged with violating Georgia’s sex …
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