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Article • February 15, 2009 • from PLN February, 2009
Prisoner Litigation Swamps California Eastern District Court; Ninth Circuit Recruits Other Judges to Help by John Dannenberg Prisoner Litigation Swamps California Eastern District Court; Ninth Circuit Recruits Other Judges to Help by John E. Dannenberg The U.S. District Court, Eastern District of California, has reached a crisis stage due to …
Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations by Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations The Ninth Circuit U.S. Court of Appeals has held that evidence of ongoing American with Disabilities Act (ADA) violations …
Article • February 15, 2009 • from PLN February, 2009
Kitsap County, Washington Jail Settles Public Records Act Suit for $125,000 by Kitsap County, Washington Jail Settles Public Records Act Suit for $125,000 On May 16, 2008, the Kitsap County Sheriff’s Office agreed to pay $125,000 to a former prisoner for violations of Washington’s Public Records Act. In September 2006, …
Corpus Christi Pays $50,000 to Settle Jail Prisoner’s Excessive Force Claim by Corpus Christi Pays $50,000 to Settle Jail Prisoner’s Excessive Force Claim The City of Corpus Christi, Texas, agreed to settle an excessive use of force claim brought by a former detainee at the City Detention Center (CDC) for …
Los Angeles Sheriff Department Report: Prisoner Lawsuits Slowed, But Payouts Grew by John Dannenberg Los Angeles Sheriff Department Report: Prisoner Lawsuits Slowed, But Payouts Grew by John E. Dannenberg In its July 2008 25th semi-annual report, the Los Angeles County Sheriff’s Department (LASD) reviewed prisoner litigation against the county in …
Article • February 15, 2009 • from PLN February, 2009
Washington State Deputy Sheriff Not Entitled to Quasi-Judicial Immunity by Washington State Deputy Sheriff Not Entitled to Quasi-Judicial Immunity The Washington Court of Appeals held that a deputy sheriff who was negligent in transporting a prisoner from court to jail was not entitled to quasi-judicial immunity. Anthony Reijm was taken …
Article • February 15, 2009 • from PLN February, 2009
Wisconsin Claims Board Awards Almost $110,000 for Wrongful Rape Conviction, Attorney Fees by Wisconsin Claims Board Awards Almost $110,000 for Wrongful Rape Conviction, Attorney Fees In 1990, Anthony Hicks was convicted of raping a woman who lived in his apartment building. He was sentenced to 19 years in prison. Central …
Article • February 15, 2009 • from PLN February, 2009
Behavior Modification Training to Become Part of Washington State DOC by Behavior Modification Training to Become Part of Washington State DOC Governor Chris Gregoire signed Senate Bill 6400 into law on March 20, 2008. The bill enacts a revolutionary concept designed to correct what politicians perceive to be, the morally …
TDCJ Employee Wins $1,505,000 for Texas Prison System’s Failure to Accommodate by An El Paso jury awarded $1,505,000 to a former employee of the Texas Department of Criminal Justice (TDCJ) for the prison system’s failure to accommodate her severe asthma by refusing to remove automatic air fresheners from an office …
Class Action Disability Discrimination Suit Certified Against Cook County Jail in Illinois by Class Action Disability Discrimination Suit Certified Against Cook County Jail in Illinois On March 26, 2008, U.S. District Court Judge Elaine E. Bucklo certified a class action lawsuit against the Cook County Department of Corrections (CCDC) alleging …
Oregon Parolee Negligent Supervision Case Reinstated by The Oregon Court of Appeals reversed a lower court’s grant of summary judgment against a teenage girl who was raped by a violent parolee. In November 1997, 14-year-old Akilah Johnson was assaulted and raped by a stranger. More than four years later, on …
Article • February 15, 2009 • from PLN February, 2009
$4.5 Million Settlement in New Jersey Jail Strip Search Lawsuit by $4.5 Million Settlement in New Jersey Jail Strip Search Lawsuit New Jersey’s Cumberland County has agreed to pay $4.5 million to settle a class action strip search lawsuit. This is another huge settlement in Fourth Amendment claims of this …
Article • February 15, 2009 • from PLN February, 2009
Denial of Allocution Right on Supervised Release Resentencing Requires Remand by Denial of Allocution Right on Supervised Release Resentencing Requires Remand The Seventh Circuit Court of Appeals has reversed a federal prisoner’s sentence because an Illinois federal district court denied his right to allocution upon revocation of his supervised release …
Transgender Idaho Prisoner Receives Hormone Therapy Pending Trial by A federal judge has ordered the Idaho Department of Corrections (IDOC) to provide hormone therapy to a prisoner with gender identity disorder pending trial. The preliminary injunction, issued July 27, 2007, was in response to a lawsuit filed by Jennifer Spencer, …
Governments, Not Prisoners, Must Pay Cost of Transporting Prisoner Witnesses by A federal court in Georgia held that costs taxed against an incarcerated litigant who lost his lawsuit could not include the cost of transporting prisoner witnesses to testify at trial. Dexter Palmer, a Georgia state prisoner, filed a civil …
Article • February 15, 2009 • from PLN February, 2009
Ohio DNA Specimen Law Ruled Not Retroactive by The Ohio Supreme Court held that a state law requiring convicted felons and some misdemeanants to provide DNA specimens could not be applied retroactively to offenders placed on supervised release before the law’s May 2005 effective date. On August 6, 2002, Craig …
Unemployment Compensation Denied to Guard Who Failed to Stop Prisoner Assault by Unemployment Compensation Denied to Guard Who Failed to Stop Prisoner Assault The Commonwealth Court of Pennsylvania has held that a guard who was fired for willful misconduct for failing to report the planned assault of a prisoner was …
PLRA Requires Grievance Exhaustion for ADA/RA Claims by The Ninth Circuit Court of Appeals has joined the Sixth Circuit in holding that the Prison Litigation Reform Act (PLRA) requires exhaustion of Americans with Disabilities Act (ADA) and Rehabilitation Act (RA) claims. Nevada prisoner Roy O’Guinn had a history of mental …
Article • January 15, 2009
Ashcroft, Justice Department Campaign to Expand Capital Punishment by by Michael Rigby During his four years as head of the U.S. Justice Department, Attorney General John Ashcroft has led a sinister campaign to force the federal death penalty in states that have either abolished capital punishment or rarely impose it. …
Article • January 15, 2009
Nevada DOC Psych Hearings Not Exempt From Suit As Judicial Proceedings by Nevada State pro se prisoner Robert Stockmeier appealed the 2002 dismissal of his action against the Nevada Department of Corrections (NDOC) for statutory procedure violations. A closed hearing led to his parole denial after uncharged accusations were heard …
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