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Article • August 19, 2016
$10 Million Settlement Reached in Seattle Police Excessive Force Suit by A $10 million settlement was reached between King County and the family of Christopher Sean Harris in an excessive force suit.             The case arose in May 2009 when Harris was wrongfully identified as a suspect in an assault …
Article • August 19, 2016
Filed under: Eighth Amendment
7th Circuit: Minimal Use of Force Not An Eight Amendment Violation by Wisconsin prisoner Juan Guitron alleged that a prison guard bent and injured his wrist. Following a preliminary screening required by 28 U.S.C. § 1915A, the district court dismissed the complaint and the 7th Circuit affirmed.             While prison …
Oregon Widow Seeks $533,000 for Jailed Husband's Death by The widow of a man who died in an Oregon jail when he was deprived of his heart medication, is seeking at least $533,000 in damages against the County. Ray Miller, 53, was arrested in Portland, Oregon, on August 4, 2010, …
Article • August 19, 2016
Filed under: Sentencing, Juveniles
Oregon Prosecutor Curtails Adult Prosecution & Mandatory Sentencing of "Superpredators" by Twenty-one years after Oregon first enacted a harsh mandatory sentencing law, requiring automatic adult prosecution of juveniles as young as 15 years old, prosecutors in Oregon's largest county recently announced a policy of declining to prosecute some juveniles as …
Article • August 19, 2016
Oregon Jail Provides "Sub-Optimal" Mental Health Treatment by Mental health services for prisoners in the Multnomah County, Oregon, jail system are inadequate, a 2015 Corrections Grand Jury found. Under Oregon law, a Corrections Grand Jury may be impaneled to inspect jail and prison conditions. The Grand Jury then issues a …
Article • August 19, 2016
Oregon Deputy Arrests Innocent Man to Protect Family; County Pays $12,000 to Settle by "This incident is the most egregious abuse of power I have ever seen," said attorney Edie Rogoway, who represented an Oregon man who was arrested for reporting criminal activity of relatives of the responding deputy. The …
Article • August 19, 2016
Oregon Blacks Imprisoned Seven Times Rate of Whites by African Americans are six times more likely than whites to be in the Multnomah County, Oregon jail, according to a recently released study. They are also 4.1 times more likely to be prosecuted, 4.4 times more likely to be convicted, and …
Article • August 19, 2016
Oregon African American Incarceration Far Exceeds National Average by Oregon ranks seventh in the nation in the disproportionate number of incarcerated African Americans, far outpacing the national average according to a recently released report of The Sentencing Project, in Washington, D.C. Less than 2 percent of Oregonians are African American, …
Article • August 19, 2016
Ninth Circuit: California Personnel Board Decision Not Issue Preclusive by On September 14, 2015, the Ninth Circuit court of appeals held that decisions of the California State Personnel Board did not have an issue preclusive effect in a federal lawsuit based upon the same claims of retaliation for whistleblowing. David …
Article • August 19, 2016
New York Men Continue Pursuit of Police Misconduct Lawsuit by A New York Federal District Court denied a motion to dismiss a civil rights complaint that alleged police misconduct.             Brothers Jose and Maximo Colon filed a civil rights violation claim against New York City and its police department alleging …
Article • August 19, 2016
New Jersey May Retroactively Impose GPS Monitoring on Sex Offender Sentenced to Community Supervision for Life by On January 19, 2016, a New Jersey court of appeals held that it was not a violation of the New Jersey or federal ex post facto clauses to retroactively impose GPS monitoring for …
Fired Oregon Prison IG Brings $3 Million Retaliation Suit against Director by The terminated Oregon Department of Corrections (ODOC) Inspector General (IG) has ' filed a $3 million federal lawsuit, alleging that he was terminated in retaliation for raising ethical concerns about his boss. Oregon prison officials created the IG …
Article • August 19, 2016
Fifth Circuit Reverses Supervised Release Condition Prohibiting Defendant from Residing with Anyone Who Is Not A Blood Relative or Who He Is Not Married To by On June 16, 2008, the U.S. Court of Appeals for the Fifth Circuit reversed a supervised release condition prohibiting a defendant from living with …
Fifth Circuit Upholds Dismissal of Suit Against Mississippi County Over Jail Prisoner's Death by Complaining of nausea and vomiting, Princess Anderson arrived at the emergency room (ER) of the Baptist Memorial Hospital in DeSoto, Mississippi, on the morning of February 7, 2011. ER staff determined she was pregnant with a …
Article • August 19, 2016
Eighth Circuit: Officers Who Tased Arrestee to Force Clothing Change Immune by On September 3, 2015, the Eighth Circuit court of appeals held that St. Ann, Missouri police officials who used a Taser on an arrestee after she refused to change into orange jail clothing were protected against suit by …
Article • August 19, 2016
Eighth Circuit Holds Missouri Prisoner with Vacated Conviction May Not Sue for Being Placed in Solitary Confinement by Missouri prisoner Brent Ballinger was serving an eight-year sentence in the Missouri Department of Corrections (DOC) when a state judge granted his motion, pursuant to Missouri Supreme Court Rule 29.15(k), to vacate …
Article • August 19, 2016
Eighth Circuit Denies Stay of Execution Pending Appeal Over Execution Drug by On October 30, 2015, the Eighth Circuit court of appeals denied Missouri death row prisoner Ernest Johnson a stay pending appeal of his challenge to the type of drug being used to execute prisoners in Missouri. Johnson underwent …
Article • August 19, 2016
Filed under: Indigent Defense, Bail
Connecticut Supreme Court: Bail May Be Used to Protect Others by In an opinion handed down on November 3, 2015, the Supreme Court of Connecticut held that a man who had been acquitted by reason of insanity could be held in prison subject to a bond he could not afford …
Article • August 19, 2016
Filed under: Hunger Strikes, Food
Connecticut May Force Feed Prisoners on Hunger Strike by  The state of Connecticut has the right to force feed a prisoner engaged in a hunger strike, Jarres T. Graham, Superior Court Judge, so held.             William Coleman, a Connecticut prisoner, went on hunger strike to protest his sexual assault conviction …
Article • August 19, 2016
California Federal Prisoner Receives $12,500 in Dental Negligence Case by On February 19, 2003, United States District Judge Gary A. Fees sitting in the Central District of California, signed an order of dismissal after a federal prisoner and the United States settled a claim of medical and dental negligence for …
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