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Article • November 16, 2015
No Equitable Tolling for Foreign, Mentally Ill Prisoners by No Equitable Tolling for Foreign, Mentally Ill Prisoners The Ninth Circuit Court of Appeals recently ruled that a non-English speaking mentally ill prisoner, housed in segregation at the time his petition was due, was not entitled to equitable tolling and dismissed …
Brief • November 16, 2015
Tiger v. Pynkala, TN, Order to Affirm Judgment of Dismissal, Excessive Force Hotel Arrest, 2015 APPENDIX A Case: 15-5103 Document: 28-2 u'?~. Filed: 11/16/2015 Page: 1 ~ NOT RECOMMENDEDFOR FULL-TEXTPUBLICATION No. 15-5103 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ~========~ ~ FILED TIGER, Plaintiff-Appellant, v. JASON S. PYNKALA, …
Brief • November 16, 2015
Duvall et al v. Hogan et al, MD, Settlement Agreement, inadequate health care, 2015 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND JEROME DUVALL, et al., * Plaintiffs, * v. * Civil Case No. 1:94-CV-02541-ELH LAWRENCE J. HOGAN, et al., * * Defendants. * * * * …
Article • November 13, 2015
Ninth Circuit Vacates Involuntary Medication Order for Sell Violations by Ninth Circuit Vacates Involuntary Medication Order for Sell Violations On May 7, 2014, the Ninth Circuit Court of Appeals vacated an involuntary medication order to restore a criminal defendant’s competency to stand trial, finding that it violated Sell v. United …
Article • November 13, 2015
Denial to Oregon’s Alternative to Incarceration Program No Longer Requires “Substantial and Compelling Reasons” by Denial to Oregon’s Alternative to Incarceration Program No Longer Requires “Substantial and Compelling Reasons” On July 9, 2014, the Oregon Court of Appeals held that sentencing courts are no longer required to find “substantial and …
Brief • November 13, 2015
Duvall v. Hogan, MD, Settlement Agreement Executed by Plaintiffs, 2015 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND JEROME DUVALL, et al., * Plaintiffs, * v. * Civil Case No. 1:94-CV-02541-ELH LAWRENCE J. HOGAN, et al., * * Defendants. * * * * * * * * …
Pena v. Greffert, NM, Settlement, Sexual Misconduct, 2015 SETTLEMENT AGREElVIENT, RELEASE AND COVENANT OF NON-DISCLOSURE For the consideration of the sum of EIGHTY-SEVEN THOUSAND FIVE HUNDRED AND 00/100 ($87,500.00), paid by CORRECTIONS CORPORATION OF AMERICA, the receipt and sufficiency of which is hereby acknowledged, CRYSTAL PENA does hereby release, acquit …
Estrada v. Blansett, NM, Settlement, Solitary Confinement, 2015 FULL .AND FINAL RELEASE OF ALL CLAWS AND INDEMNITY AGREEMENT Two million, nine hundred thousand dollars ($2,900,000.00), the receipt and sufficiency of which is hereby acknowledged, Diana Estrada, as Next Friend of Jerome Gonzales, (hereinafter referred to as "Releasot"), does-hereby. forever release, …
Brief • November 4, 2015
Cebek v. Massachusetts, MA, Memorandum and Order Re Dr. David Hammond Motion for Summary Judgment, Wrongful Death, Deliberate Indifference, 2015 I Ol\fi COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. 11-01980-C Notice sent 8/12/2015 H. E. P. LAW OFFS. OF H. P. , PC. R. A. S. D. …
Brief • November 4, 2015
Cebek v. Massachusetts, MA, Memorandum and Order, Correction Officers Consolidated Motion for Summary Judgment, Wrongful Death, Mental Illness, 2015 N01\t1 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. 11-01980-C CHLOE CEBEK, administrator of ESTATE OF RICHARD CEBEK Notice sent 8/13/2015 H. E . P. LAW OFFS. OF v. …
Cebek v. Massachusetts, MA, Memorandum and Order, Leue and Pappas Motion for Summary Judgment, Negligence, Wrongful Death, Mental Illness, 2015 NOTIFY COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. 11-01980-C Notice sent CHLOE CEBEK, administrator of ESTATE OF RICHARD CEBEK v. 8/13/2015 H. E. P. LAW OFFS . …
Article • November 3, 2015
At Least $78,000 in Sealed Settlement for Texas Jail Prisoner’s Suicide by Matthew Clarke At Least $78,000 in Sealed Settlement for Texas Jail Prisoner’s Suicide by Matt Clarke On March 11, 2013, a Texas federal court approved the settlement of a lawsuit over the suicide death of a Texas prisoner …
Cunningham v. FBOP, CO, Order on CLA Assn Standing, Mental Health in Prisons, 2015 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-01570-RPM HAROLD CUNNINGHAM, CARLTON DUNBAR, JOHN W. NARDUCCI, JR., JEREMY PINSON, JOHN J. POWERS, ERNEST NORMAN SHAIFER, and MARCELLUS WASHINGTON, each individually …
Article • November 2, 2015
Ninth Circuit: Prisoner’s Delusions Warrant §2254 Equitable Tolling by Ninth Circuit: Prisoner’s Delusions Warrant §2254 Equitable Tolling On April 18, 2014, the Ninth Circuit Court of Appeals held that the statute of limitations on an Oregon prisoner’s federal habeas corpus petition should be equitably tolled due to delusions the prisoner …
Publication • November 1, 2015
Union CI CAP Assessment, CMA-FDC Monitoring, 2015 Union CI CAP Assessment November 2015 Focused Review of Mental Health Services FINDINGS: On 4/20/16 an on-site CAP assessment at UCI was conducted jointly by CMA staff and surveyors and FDC staff. Based on the CAP assessment, of the 76 corrective action plans, …
Article • October 30, 2015
Filed under: Witnesses, Civil Commitment
No Compulsory Process Advice Reverses Oregon Civil Commitments by No Compulsory Process Advice Reverses Oregon Civil Commitments On August 13, 2014, the Oregon Court of Appeals held that those facing involuntary commitment must be informed of their right to subpoena witnesses, in terms they will understand. Oregon Statute (ORS) 426.100(1) …
Article • October 30, 2015
Houston Justice System Disfavors Poor by Houston Justice System Disfavors Poor Blacks awaiting trial in Harris County Texas have always had a tougher time receiving fair treatment than other ethnic groups. They still do. Gerald R. Wheeler reviewed more than 6,500 felony and misdemeanor pretrial detainee cases in Harris County, …
Article • October 30, 2015
Heart Disease, Cancer, and Suicide Continue to be Leading Causes of Prisoner Deaths by Derek Gilna Heart Disease, Cancer, and Suicide Continue to be Leading Causes of Prisoner Deaths by Derek Gilna In 2000, the Bureau of Justice Statistics began to compile statistics from state and local jails on causes …
Brief • October 29, 2015
Tanner v. City of Sullivan, Second Amended Complaint, Jail Suicide, 2012 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION DEBORA D. TANNER, et al. Plaintiffs, vs. CITY OF SULLIVAN, DON L. REED, DSN 115, DARRIN M. JONES, DSN 117, KEVIN L. HALBERT, JEFF ROHRER, SHAUN HINSON, DAVID ROCHE, …
Violence in Texas Prisons Tied to Mental Illness by Violence in Texas Prisons Tied to Mental Illness Conclusions of a longitudinal study found that the most violent Texas prisons also house the highest percentage of mentally ill prisoners. The study conducted by the Texas Tribune from 2006 to 2012 collected …
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