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Article • May 15, 2010
5th Circuit Affirms Judgment against Guard in Texas Excessive Force Case by On July 29, 2004, Texas prison Guard Juan Martinez was found guilty in district court of inflicting cruel and unusual punishment upon prisoner Avniel Awan Anthony. The finding was the result of a jury trial in the § …
Article • May 15, 2010
7th Circuit Denies Habeas Relief of Illinois Prisoner’s Good-Conduct Revocation by On October 22, 2009, the 7th Circuit affirmed an Illinois district court’s ruling denying habeas corpus relief to state prisoner, Lasard Lucas. During 20 years of incarceration, from 1985 to 2005, Lucas lost more than 12 years of good-conduct …
Article • May 15, 2010
City of Monroe, Washington Ordered to Produce Requested Records by City of Monroe Ordered to Produce Requested Records On October 26, 2009, a Washington appellate court published its opinion affirming in part, reversing in part and remanding a complaint regarding that state's Public Disclosure Act (PDA). The original complaint was …
Washington State DNA Collection Fee Affirmed on Appeal by On October 15, 2008, Brandy Brewster of Washington State was convicted by a jury for possession of cocaine, for which she was arrested almost two years previously on November 15, 2006. At her sentencing on December 8, 2008, Ms. Brewster was …
"Mere Propinquity" Not Sufficient Probable Cause for Search of Home by "Mere Propinquity" Not sufficient Probable Cause for Search of Home On March 22, 2006, a Sheriff’s Deputy was shot and killed while conducting a traffic stop in Bernalillo County, New Mexico. The search for the primary suspect in the …
Summary Judgment Denied in Part in New York Prisoner Extortion/Beating Suit by On October 28, 2009, a New York federal court denied in part New York City jail officials' motion for summary judgment in a lawsuit brought by a Rikers Island pretrial detainee after guards allegedly ignored his request for …
Seventh Circuit Reverses Class Certification in Cook County Jail Case by On September 8, 2008, the Seventh Circuit court of appeals reversed an Illinois federal district court's class certification in a suit over delay in the release of an arrestee while family members were attempting to post bond. Robert Harper …
Civilly Committed Washington State Prisoner's Arson Conviction Upheld by On October 6, 2009, a Washington State court of appeals upheld a prisoner's arson conviction for setting fire to a blanket in his civil commitment room. James Moseley, a resident of the McNeil Island Special Commitment Center (MISCC), used matches to …
Arkansas Supreme Court Upholds Changes to Death Penalty Procedures by Frank Williams, Jr., an Arkansas Death Row prisoner, filed a complaint for declaratory judgment in state circuit court, alleging that the Arkansas Department of Corrections (DOC) administrative directive (AD) 08-28 setting forth execution procedures was adopted in violation of the …
Article • May 15, 2010
Sacramento County Agrees to Pay $7,500 to Settle Excessive Force Suit by On May 31, 2005, the County of Sacramento agreed to pay $7,500 to settle an excessive force suit. Darryl O’Brien was taken to the Sacramento Main Jail where her tibia was broken after jail staff abruptly forced her …
Article • May 15, 2010
Excessive Force Suit Filed Against Texas Prison Officials by On October 20, 2000, John C. Luke, a Texas state prisoner incarcerated at the Clements Unit, filed a civil rights suit pursuant to 42 U.S.C. § 1983 in federal district court alleging that excessive use of force by a prison guard …
Article • May 15, 2010
Massachusetts Supreme Judicial Court Rules No Privacy Right Exists for Jail Phone Calls by On September 11, 2009, the Supreme Judicial Court of Massachusetts held that jail prisoners had no right to privacy with respect to the recording of the non-legal phone calls they made while in jail, and the …
Article • May 15, 2010
Sacramento County Agrees to Pay $500 to Settle Tort Claim by In August of 2006, the County of Sacramento agreed to settle a tort claim brought by a prisoner who alleged that he was assaulted by a guard at the Sacramento County Main Jail. The terms of the settlement require …
Summary Judgment Denied in Virginia Strip Cell Suit by A Virginia Federal District Court denied defendants’ motion for summary judgment in a prisoner’s lawsuit alleging use of excessive force and cruel and unusual conditions. Ray L. Holley, a prisoner at Red Onion State Prison in Virginia, on September 29, 2007, …
$50,000 Settlement in California Guard’s Employment Discrimination, Retaliation Lawsuit by The California Department of Corrections paid $50,000 to settle the lawsuit of James Young for employment discrimination and retaliation. On October 13, 2004, Young testified at a court hearing for coworker Julie Nicholson about a sexual harassment lawsuit she filed …
Washington State Settles Prisoner's Personal Injury Claim for $20,000 by On January 8, 2007, the State of Washington settled for $20,000 a personal injury claim brought by a state prisoner. Michael Humburgs, a Washington State state prisoner, was incarcerated at the Larch Mountain Corrections Center when he injured his ankle. …
Article • May 15, 2010
Washington State Settles Wrongful Imprisonment Claim for $5,000 by On November 16, 2006, the State of Washington settled a wrongful imprisonment claim against the Department of Corrections (DOC) for $5,000. Mario Garcia was convicted of burglary and assault and sentenced to 21 months imprisonment and 9-18 months of supervised release. …
Judge Recommends Denial of Suppression Motion Related to Recordings Obtained from CCA by U.S. Magistrate Judge Robert E. Larsen has recommended the denial of a motion to suppress phone recordings of a plot to harm a federal witness obtained by the government through a Rule 17 subpoena without a court …
Article • May 15, 2010
Ninth Circuit Holds VA Benefits can Be Used to Help Pay for Incompetent Veteran's Subsistence by The Ninth Circuit has held that the Veteran's Benefits Act, which makes benefits earned by United states military veterans "exempt from the claims of creditors" (38 U.S.C. § 5301 (a) (1)), does not prohibit …
Prisoner Convicted of Retaliating Against Federal Witness by On August 21, 2009, the U.S. Court of Appeals for the Tenth Circuit affirmed the conviction and sentence of a man accused of retaliating against a federal witness. Carl Pursley, Jr. and Wendell Wardell were charged with tax fraud. The government’s star …
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