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Publication • August 12, 2016
Pretrial Practice - Rethinking the Front End of the Criminal Justice System, CUNY JJC, 2015 Pretrial Practice: Rethinking the Front End of the Criminal Justice System A Report on the Roundtable on Pretrial Practice March 18–20, 2015 Pretrial Practice: Rethinking the Front End of the Criminal Justice System A Report …
Article • August 11, 2016
New York Police IA Records in Camera Inspection Improperly Denied by Mark Wilson The New York Supreme Court, Appellate Division reversed a lower court's denial of in camera inspection of police internal affairs records in a wrongful death action. Christine Cea and others brought a state court wrongful death action …
Article • August 11, 2016
New York Man Paid $120,000 for Police Shove through Storefront Window by Mark Wilson A New York man was paid $120,000 to settle his claims that a police officer pushed him through a storefront window. On May 6, 2012, Brett Fasulo, 31, hailed a taxicab in Queens, New York. Soon …
Article • August 11, 2016
Fourth Circuit: No Qualified Immunity for Police Shooting Homeowner without Warning by The Fourth Circuit Court of Appeals affirmed the denial of qualified immunity to police who repeatedly shot a homeowner without warning. Just after 11 p.m., on May 2, 2007, a 911 call reported "that an altercation was occurring …
Article • August 11, 2016
Fatal California Police Shooting Video Unsealed Over Police Objections by Mark Wilson Following a $4.7 million settlement, a California federal court unsealed the dashcam footage of a police shooting, over law enforcement objections. On June 2, 2013, Agustin DeJesus Reynoso's bicycle was stolen from a Gardena, California CVS store. A …
Article • August 11, 2016
D.C. Circuit: No Summary Judgment on Guard's Termination Claims by Mark Wilson The United States Court of Appeals for the District of Columbia (DC) Circuit held that a lower court improperly granted prison officials summary judgment on a former guard's wrongful termination claims. On the morning of June 4, 2006, …
Article • August 11, 2016
Connecticut Supreme Court: "Arsenic & Old Lace" Records Exempt from Disclosure by Mark Wilson The Connecticut Supreme Court held that state agencies had standing to appeal a trial court's public record disclosure decision and the documents at issue were exempt from disclosure. Amy Archer Gilligan was convicted of second degree …
Article • August 11, 2016
Chicago Driver Awarded $319,464 for Police Red Light Violation Crash by Mark Wilson An Illinois jury awarded a Chicago man $319,464 for injuries he sustained when a Chicago police officer ran a red light, t-boning his vehicle. On October 26, 2005, Melvin Conway, 43, was driving home from the Chicago, …
Article • August 11, 2016
$80,000 Minnesota Illegal Search & Seizure Verdict Upheld; Attorney Fees Slashed 50% by Mark Wilson A Minnesota federal court upheld an $80,000 jury verdict on illegal search and seizure claims. The court reduced Plaintiffs' requested attorney's fees by 50 percent, for a total fee award of $128,499.85. Just before 1 …
Article • August 11, 2016
California’s “Realignment” Law Sends 38,000 State Prisoners to County Control by John E Dannenberg California’s response to the U.S. Supreme Court’s upholding of a federal court mandate to reduce state prison overcrowding (See: PLN July 2011, p. 1)) was to “realign” 38,000 lower level offenders from state prison custody to …
Article • August 11, 2016
Public Records Request in Ohio Criminal Case Trigger Reciprocal Discovery Rule by The Ohio Supreme Court held that when a criminal defendant “directly or indirectly makes a public records request for information that could be obtained from the prosecutor through discovery, the request is the equivalent of a demand for …
Article • August 11, 2016
Prisoner Receives $15,000 in Eye Loss Negligence Suit by The federal  Bureau of Prisons (BOP) paid $15,000 to settle a negligence lawsuit alleging officials at FCI-Lompoc in California failed to provide a prisoner medical treatment, resulting in blindness in his left eye. When prisoner Sheldon Woods entered FCT-Lompoc in September …
Article • August 11, 2016
Police Cruiser Accident Costs Georgia County $400,000 by A $400,000 settlement was reached in a lawsuit brought by a man who was injured when an Athens-Clarke County, Georgia police car turned directly into a van driven by Ralph Bell, 62. The county did not contest liability in the December 11, …
Article • August 11, 2016
Filed under: Eighth Amendment, Water, Bedding
$295,001 Awarded to Wisconsin Prisoner for Wet Mattress by In the United States District Court, Western District of Wisconsin at Madison, on September 17, 2008, a jury returned for plaintiff, Wisconsin state prisoner Reggie Townsend on an 8th amendment civil rights case that was previously granted summary judgment for the …
Los Angeles Sheriff's Office Settles Visitor Beating Case for $1 Million by Derek Gilna Los Angeles County Jail deputies have a reputation for brutal treatment of prisoners, and have paid out millions of dollars in settlements as a result. However, even a man visiting his brother Robert at Men's Central …
Article • August 11, 2016
California Prisoner Wins Reversal of Ex Post Facto Denial of Sentence Credits by Derek Gilna The California Department of Corrections and Rehabilitation (CDCR), has a long-standing policy of segregating gang members in Special Housing Units (SHU) to reduce violence. It also has a policy of day-for-day good time for CDCR …
Article • August 11, 2016
California: Mentally Ill Prisoners to Get Special Housing, More Treatment by Lonnie Burton In the latest installment of a 24-year battle over the treatment of mentally ill prisoners in the California prison system, the state agreed in August 2014 to begin removing those prisoners from isolation units and transition them …
Article • August 11, 2016
Blanket Enforcement of Sex Offender Residency Restrictions against San Diego Parolees Unconstitutional by Matthew Clarke On March 2, 2015, a California Court of Appeal held that the blanket enforcement of California’s residency restrictions against all registered sex offender parolees (RSOPs) in San Diego County was unconstitutional. This case involves four …
Article • August 11, 2016
Prisoners Bitten by Prison Dogs Snag Settlements from Ohio DOC by Derek Gilna Archie Wilder and Andrew Doan, prisoners in the Ohio Department of Rehabilitation and Corrections, both had the misfortune of being bitten by dogs participating in prison training programs. Both filed suit in the Ohio Court of Claims, …
Transfer to Women’s Prison Settles Formerly Male Prisoner’s GID Suit by Mark Wilson On October 31, 2013, Oregon prison officials agreed to transfer a formerly male prisoner to a women’s prison to settle her lawsuit. Linda Patricia Thompson suffers from Gender Identity Disorder (GID), or transsexualism, which is “a rare …
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