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Article • May 15, 2009
$4,000 Settlement in Failure to Arraign by Washington state’s King County Jail has paid $4,000 to settle the claim of Michael Chiofar, which asserted damages for the failure of the jail to assure that he was arraigned within 72 hours of his arrest as required by Washington law. He claimed …
$15,000,000 Verdict for LA Police Officers Upheld by On July 14, 2008, the U.S. Court of Appeals for the Ninth Circuit upheld a $15,000,000 verdict for three LA police officers who suffered civil rights violations related to an improper and negligent investigation into the officers’ alleged illegal conduct. Paul Harper, …
Article • May 15, 2009
$25,000,000 Consent Judgment Entered Against Murderer by Caitlan Atwater, the daughter of a woman murdered by her husband, has obtained a $25,000,000 consent judgment. Atwater sued Michael Peterson after Kathleen Peterson, Atwater’s daughter from another marriage, was beaten to death by Peterson. The parties agreed to a consent judgment of …
$45,000 Awarded to Muslim Woman Forced to Remove Headscarf at California Jail by On October 8, 2008, the County of San Bernadino and Sheriff Gary Penrod agreed to settle a lawsuit alleging violations of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and the First Amendment. Jameelah …
$300,000 for Family of Prisoner who Bled to Death Waiting on Ambulance by The County of San Bernardino has settled a lawsuit brought by the estate of a woman who bled to death due to an undiagnosed pregnancy condition while waiting on an ambulance. Luan Morales started hemorrhaging while at …
$500,000 Awarded to Family of Parolee Mistakenly Shot and Killed by Live Ammunition by On November 9, 2004, the City of Redondo Beach was ordered to pay $500,000 to the family of a California parolee who was killed by police after being mistakenly shot by live ammunition instead of “bean …
Article • April 15, 2009 • from PLN April, 2009
Filed under: News, News in Brief
News in Brief: by California: On March 19, 2009, a rebellion by 38 prisoners at the Kern Valley State Prison left prisoner Oscar Cruz dead and 16 injured. One prisoner was stabbed to death by other prisoners, four prisoners were shot by guards, two were stabbed and the remainder were …
Article • April 15, 2009 • from PLN April, 2009
$1.5 Million Settlement for CA Jail Prisoner’s Broken Leg by Ventura County, California officials have settled an excessive-force lawsuit brought by a prisoner whose leg was severely broken while he was being restrained by jail deputies. The $1.5 million award, while admittedly high, avoided both the high costs of attorney …
Article • April 15, 2009 • from PLN April, 2009
Pennsylvania Prison Crowding, Parole Crisis Result in New Laws, Parole Suspension by Matthew Clarke by Matt Clarke On September 29, 2008, Pennsylvania Governor Ed Rendell ordered a moratorium on paroles. Three weeks later he lifted the suspension of paroles for non-violent offenders, and the moratorium was completely withdrawn last December. …
Bureau of Justice Report on Sexual Violence in Juvenile Prisons by Gary Hunter Since the Prison Rape Elimination Act was implemented in 2003 the U.S. Department of Justice (DOJ) has accumulated statistical data on sexual activity in juvenile prisons in the U.S. A report issued in July 2008, by the …
Article • April 15, 2009
Jail Strip-Search Cases: Patterns and Participants by Margo Schlanger Cited: 71 Law & Contemp. Probs. 65 [*pg 65] JAIL STRIP-SEARCH CASES: PATTERNS AND PARTICIPANTS By Margo Schlanger* I. INTRODUCTION II. JAIL STRIP-SEARCH LITIGATION: THE MIAMI CASE III. JAIL STRIP-SEARCH LITIGATION MORE GENERALLY A. Case Category Features B. Participants IV. CONCLUSION …
Article • April 15, 2009
Filed under: Commentary/Reviews
Operationalizing Deterrence: Claims Management (In Hospitals, a Large Retailer, and Jails and Prisons) by Margo Schlanger Margo Schlanger, Washington University School of Law Abstract The theory that the prospect of liability for damages deters risky behavior has been developed in countless articles and books. The literature is far sparser, however, …
BEYOND THE HERO JUDGE: INSTITUTIONAL REFORM LITIGATION AS LITIGATION by Margo Schlanger 97 Mich. L. Rev. 1994 (May 1999) Margo Schlanger* Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons. By Malcolm M. Feeley(1) and Edward L. Rubin.(2) New York: Cambridge University Press. 1998. Pp. xv, …
Article • April 15, 2009
Filed under: Commentary/Reviews
National Prison Reform Commission Begins Work by Margo Schlanger Correctional Law Reporter, Volume 17, No. 1: June/July 2005, at 1 National Prison Reform Commission Begins Work by Margo Schlanger Editor’s Note: Margo Schlanger is Professor of Law, Washington University in St. Louis, and a member of the Commission on Safety …
1980s Settlement Agreement Heads to Improved Conditions in Nevada Prisons by The state of Nevada has agreed to a comprehensive settlement agreement that will improve conditions at all Nevada prisons. Billy Shapley and other Nevada state prisoners filed a class action suit against Nevada prison officials alleging that their First, …
Another Murder by Florida Guards, Another Acquittal by David Reutter By David M. Reutter A state jury has acquitted three Florida prison guards in the murder of death row inmate Frank Valdes. The guards, Captain Timothy Thornton, Sgt. Jason P. Griffis, and Sgt. Charles A. Brown, were exonerated of second-degree …
Article • April 15, 2009
Tenth Circuit Explains Sandin Standard to Determine Liberty Interests by In reversing a Kansas federal district court’s grant of summary judgment to prison officials, the Tenth Circuit Court of Appeals has explained how the legal landscape changed by the ruling in Sandin v. Conner, 115 S. Ct. 2293 (1995). In …
Article • April 15, 2009
Tenth Circuit Finds Colorado Administrative Segregation Placement Does Not Implicate Liberty Interest by The Tenth Circuit Court of Appeals has held that a prisoner’s administrative confinement conditions did not violate his due process rights because he failed to prove that he had a liberty interest in avoiding such placement. Before …
Article • April 15, 2009
Tenth Circuit Requires Factual Findings of Prisoner’s Confinement Conditions Under Sandin by The Tenth Circuit Court of Appeals has held that a district court must make factual determinations of the prisoner’s particular confinement conditions when making a determination of whether the prisoner is being subjected to an “atypical and significant …
WA Court Denies Petition Challenging Refusal to Review Confidential Information in Disciplinary Hearing by The Washington State Court of Appeals, Division II, has denied a personal restraint petition (PRP) that claimed a prisoner’s due process rights were violated when the Department of Corrections (DOC) refused his requests to review confidential …
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