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Article • August 12, 2016
$750,000 in Damages and Attorney Fees Awarded in New York False Arrest Case by On July 2, 2015, a New York federal court entered a settlement judgement for $250,000 each in favor of two black men who were falsely arrested for two armed robberies and spent eleven months in jail. …
Article • August 12, 2016
$528,858 Federal Jury Award Against BOP in Racial Discrimination Case by On December 7, 2000, a federal jury awarded former federal Bureau of Prisons (BOP) employee Debbie E. Tickle $114,000 for loss of wages and $300,000 for emotional pain a suffering in a racial discrimination lawsuit she brought pursuant to …
Article • August 12, 2016
$15,000 Settlement in Case Manager's EEOC Action by On December 4, 2002, the federal Bureau of Prisons entered into a settlement agreement that paid a correctional treatment specialist (case manager) at the United States Penitentiary Lewisburg (USP) $15,000, restored him to his previous job and made other concessions. After Prison …
Rikers Island Excessive Force Monell Claims Survive Dismissal by Mark Wilson A New York federal court refused to dismiss Monell Claims in a Rikers Island excessive force case. On September 28, 2013, Bobby White was incarcerated at Rikers Island, when guard Marlene Ocasio sprayed him with a chemical agent and …
Article • August 12, 2016
Filed under: Parole, Parole Conditions
PV Arrest Qualifies for Oregon Resisting Arrest Conviction by Mark Wilson The Oregon Supreme Court held that arrest for a probation or parole violation qualifies as an arrest for Oregon's resisting arrest statute. In 2009, police stopped Curtis McClure and asked his name. McClure told them and asked if he …
Article • August 12, 2016
Filed under: Sentencing, Juveniles
Pennsylvania Supreme Court Finds Miller v. Alabama Not Retroactive by Mark Wilson The Pennsylvania Supreme Court held that the United States Supreme Court's ban on mandatory juvenile life without parole (LWOP) sentences does not apply retroactively. In 1999, seventeen year old Ian Cunningham shot and killed Daniel Delarge Jr., during …
Pennsylvania Arrest for Videotaping Cops Denied Qualified Immunity by Mark Wilson A Pennsylvania federal court held that police were not entitled to qualified immunity for "entering a family's home and arresting its owner for doing nothing more than attempting to videotape the officers' overreaction on her own property." Kia Gaymon, …
Article • August 12, 2016
No Oregon DNA Appeal Unless Testing is Denied or Limited by Mark Wilson The Oregon Court of Appeals held that prisoners do not have a due process right to a psychological evaluation at state expense for "rehabilitation hearings." Oregon prisoners convicted of Aggravated Murder are sentenced to life imprisonment with …
Article • August 12, 2016
No Due Process Right to Oregon Parole Witnesses or Cross-Examination by Mark Wilson The Oregon Court of Appeals rejected a facial challenge to a rule denying prisoners the right to call or cross-examine witnesses at parole hearings. When the Oregon Board of Parole and Post-Prison Supervision (Board) has established a …
Article • August 12, 2016
Filed under: Attorney Fee Awards
Ninth Circuit Upholds $697,971.80 in Fees on $27,280 Damage Award by Mark Wilson The Ninth Circuit Court of Appeals held that a lower court did not abuse its discretion in awarding $697,971.80 in attorneys' fees to a Plaintiff who was awarded only $27,280 in damages. Kim Muniz sued her employer, …
Walker v. City and County of Denver, CO, Second Amended Complaint, Sexual Harassment, 2016 Case 1:15-cv-02539-CMA-STV Document 65 Filed 08/12/16 USDC Colorado Page 1 of 18 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-02539-MSK-MJW TERRI EDDY, REBECCA ESQUIBEL, DENITA HARTZOG, GIOVANNA KEMP, LISA …
Brief • August 12, 2016
Shabazz v. Kailer, NY, Order Denying Def. MTD, 2016 Case 1:15-cv-02798-JGK Document 37 Filed 08/12/16 Page 1 of 27 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ──────────────────────────────────── OMAR SHABAZZ, ET AL., Plaintiffs, 15-CV-2798 (JGK) OPINION & ORDER - against – KIERAN KAILER, ET AL., Defendants. ──────────────────────────────────── JOHN G. …
Brief • August 12, 2016
Flores v. Johnson, CA, Motion to Enforce Settlement, Detention and Release Protocol, 2016 Case 2:85-cv-04544-DMG-AGR Document 239-1 Filed 08/12/16 Page 1 of 29 Page ID #:6992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 CENTER FOR HUMAN RIGHTS & …
Publication • August 12, 2016
Filed under: Legal Materials
Prison Law 2010, Criminal Law and Urban Problems Course Handbook Series, 2010 LITIGATION AND ADMINISTRATIVE PRACTICE SERIES Criminal Law and Urban Problems Course Handbook Series Number C-224 Prison Law 2010 Chair Alexander A. Reinert To order this book, call (800) 260-4PLI or fax us at (800) 321-0093. Ask our Customer …
Publication • August 12, 2016
Private Patrol Operator Fact Sheet, BSIS, 2002 STATE OF CALIFORNIA—STATE AND CONSUMER SERVICES AGENCY GOVERNOR EDMUND G. BROWN JR. BUREAU OF SECURITY AND INVESTIGATIVE SERVICES P.O. Box 989002 West Sacramento, CA 95798-9002 (916) 322-4000 www.bsis.ca.gov AUGUST 2002 PRIVATE PATROL OPERATOR (FACT SHEET) Private Patrol Operator or Qualified Manager Requirements for …
Publication • August 12, 2016
Regaining Perspective - Constitutional Criminal Adjudication in the U.S. Supreme Court, Crespo, 1985 Article Regaining Perspective: Constitutional Criminal Adjudication in the U.S. Supreme Court Andrew Manuel Crespo† INTRODUCTION A classic is a work that lives on through time, not because it is static and inert, but because it speaks continuously …
Report and Recommendations on the Treatment of Individuals with Disabilities at Sullivan Correctional Facility, DRNY, 2016 New York’s Protection & Advocacy System and Client Assistance Program Report and Recommendations on the Treatment of Individuals with Intellectual, Developmental, and Mental Health Disabilities at Sullivan Correctional Facility July 2016 725 Broadway, Suite …
Publication • August 12, 2016
Review of the Federal Bureau of Prisons’ Monitoring of Contract Prisons, DOJ OIG, 2016 Office Office of of the the Inspector Inspector General General U.S. U.S. Department Department of of Justice Justice Review of the Federal Bureau of Prisons’ Monitoring of Contract Prisons Evaluation and Inspections Division 16-06 August 2016 …
Publication • August 12, 2016
Security Guard Fact Sheet, BSIS, 2012 DEPARTMENT OF CONSUMER AFFAIRS Bureau of Security and Investigative Services SECURITY GUARD GUIDE A SUMMARY OF LAWS GOVERNING THE PROFESSION JULY 2012 SECURITY GUARD GUIDE TABLE OF CONTENTS Introduction .................................................................................................................................. 3 A Security Guard’s Role and Responsibilities .......................................................................... 3 Power to Arrest and Training …
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