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Article • December 7, 2017
Alabama Prisoner Convicted of Kidnapping Minor Can be Labeled Sex Offender by David Reutter The Eleventh Circuit Court of Appeals held that an Alabama prisoner failed to state a claim against the Alabama Department of Corrections (ADOC), when he alleged that its application of a 2011 sex offender (S.O.) statute …
Article • December 7, 2017
$5,000 to Conn. Prisoner in Retaliation Lawsuit by Lonnie Burton by Lonnie Burton On April 24, 2014, a Connecticut state prisoner and the Connecticut Department of Corrections (DOC) agreed to settle a claim brought by the prisoner which alleged that he was terminated from his prison job after he filed …
Article • December 7, 2017
$77,980 in Attorney's Fees, $57,000 Verdict in Police Excessive Force by Lonnie Burton by Lonnie Burton On March 29, 2017, United States District Judge George B. Daniels, sitting in the Southern District of New York, adopted in part a magistrate's report and recommendation which granted attorney's fees and costs to …
Article • December 7, 2017
Filed under: Pain, Death Penalty
Eighth Circuit Refuses to Halt Arkansas Execution of Prisoner Who Claimed Lethal Injection Will Cause Him Extreme Pain by Lonnie Burton by Lonnie Burton In April 2017, the state of Arkansas decided to fast track the execution of eight prisoners before its supply of lethal injection drugs became unavailable. Soon …
Article • December 7, 2017
Filed under: Pain, Obesity, Death Penalty
Eighth Circuit Denies Stay of Execution to Arkansas Prisoner Who Claimed His Obesity Created Risk of Severe Pain by Lonnie Burton by Lonnie Burton On April 24, 2017, the Eighth Circuit U.S. Court of Appeals issued a series of rulings paving the way for the state of Arkansas to continue …
Article • December 7, 2017
Filed under: Failure to Treat
California Prisoner's Claim of Untreated Tooth Pain Survives Summary Judgment by Lonnie Burton by Lonnie Burton On September 16, 2014, United States District Judge William Alsup, sitting in the Northern District of California, issued an order granting in part and denying in part a motion for summary judgment filed by …
$750 to Washington State Prisoner in Mailroom/Public Records Suit by Lonnie Burton by Lonnie Burton On September 25, 2016, the state of Washington finalized a settlement agreement with a prisoner who had sued for public records act violations and for improper prison mail rejections. The parties agreed to a $750 …
Article • December 7, 2017
Filed under: Discrimination
Rhode Island Settles Prison Hiring Civil Rights Suit with United States by Lonnie Burton By Lonnie Burton On April 24, 2017, the state of Rhode Island and attorneys for the United States Department of Justice (D0J) reached a settlement agreement in a three year old lawsuit over discriminatory hiring practices …
Article • December 7, 2017
Kansas Uniform Trust Code Established Exclusive Venue For Prison Trust Fund Proceedings by David Reutter by David Reutter The Kansas Supreme Court held that a prison trust fund is an actual trust, subject to the provisions of the Kansas Uniform Trust Code (KUTC), therefore the lower courts erred in applying …
Article • December 7, 2017
Class Action Member May File Independent Suit to Protect Individual Need by David Reutter by David Reutter A California federal district court granted limited injunctive relief to a state prisoner in a deliberate indifference suit against the California Correctional Training Facility (CTF) doctors. The court held that an individual member …
Article • December 7, 2017
Self-Serving Affidavits Admissible in Discrimination Suit by The Seventh Circuit Court of Appeals reversed a federal district court's summary judgment granted to Indiana's Whitley County Sheriff's Office in a racial discrimination suit. The court found that the district court erroneously applied the "common actor" provision to grant summary judgment, and …
Article • December 7, 2017
$61,500 Settlement in Death of a Federal Prisoner by The Federal Bureau of Prisons (BOP) agreed to a $61,500 settlement in a 28 U.S.C. §1331 civil suit filed by a federal prisoner, substituted by his family as plaintiffs after the alleged wrongful death of the prisoner. The initial complaint alleged …
Article • December 7, 2017
$82,500 Damages to Detained American, Federal Judge Blasts ICE by Christopher Zoukis By Christopher Zoukis In a scathing opinion, Judge Jack B. Weinstein, Senior Judge of the United States District Court for the Eastern District of New York, awarded a wrongfully detained American citizen $82,500 in damages for false arrest …
Article • December 7, 2017
Sexual Assault Claim Against Suffolk County, New York Jail Moves Forward by Christopher Zoukis By Christopher Zoukis District Judge Ann M. Donnelly recently granted the Plaintiffs' motion to amend their 42 U.S.C. § 1983 complaint against the Suffolk County, New York jail, as well as the county sheriff and several …
Brief • December 7, 2017
Partridge v. Pelle, CO, Complaint, 2017 Case 1:17-cv-02941 Document 1 Filed 12/07/17 USDC Colorado Page 1 of 43 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. _________ RYAN PARTRIDGE, Plaintiff, v. JOE PELLE, in his official capacity as Boulder County Sheriff; BRUCE HAAS, in …
Brief • December 7, 2017
USA v. Valdivia-Flores, CA, Opinion, Due Process Violation, Immigration, 2017 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 15-50384 D.C. No. 3:14-cr-03700-BAS-1 v. JOSE ALEJANDRO VALDIVIAFLORES, AKA Francisco CruzMendoza, Defendant-Appellant. OPINION Appeal from the United States District Court for the Southern …
Doe v. Nevada, NV, Appeal, Marijuana Medical Registry, 2017. 133 Nev., Advance Opinion 15 IN THE SUPREME COURT OF THE STATE OF NEVADA JOHN DOE, ON HIS OWN BEHALF AND ON BEHALF OF A CLASS OF THOSE SIMILARILY SITUATED, Appellant, vs. STATE OF NEVADA EX REL. THE LEGISLATURE OF THE …
The People v. Shaw, CA, Appeal Brief, Burglary, 2017 Filed 12/7/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE THE PEOPLE, Plaintiff and Respondent, A148997 v. (San Francisco County Super. Ct. No. SCN224910) LINDA SHAW, Defendant and Appellant. Defendant James1 …
Brief • December 6, 2017
State of Montana v. Terronez, MO, Appeal Brief, Sexual Assault, 2017 12/06/2017 DA 16-0611 Case Number: DA 16-0611 IN THE SUPREME COURT OF THE STATE OF MONTANA 2017 MT 296 STATE OF MONTANA, Plaintiff and Appellant, v. JASON TERRONEZ, Defendant and Appellee. APPEAL FROM: District Court of the Tenth Judicial …
State of Minnesota v. Luby, MN, Appeal Brief, Murder Conviction, 2017 STATE OF MINNESOTA IN SUPREME COURT A16-1213 Dakota County McKeig, J. Dissenting, Chutich, J., Gildea, C.J. State of Minnesota, Respondent, vs. Filed: December 6, 2017 Office of Appellate Courts Thomas Michael Luby, Appellant. ________________________ Lori Swanson, Attorney General, Saint …
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