Washington Appeals Court Reverses SJ on Negligent Supervision Claim by In an unpublished opinion, the Washington Court of Appeals held that a lower court erred in finding that a city's probation department owed no duty to citizens and was immune from suit. Jong Hoon Kim had a long history of …
Washington Court's Authority to Order Community Custody Limited by A Washington Appeals Court has held that an amended statute limits a trial court's ability to sentence criminal defendants to community custody in only specified offenses. The matter was on appeal after a Spokane County Superior Court denied a petition filed …
Actual Innocence Required in Washington Criminal Malpractice Actions by Actual Innocence Required in Washington Criminal Malpractice Actions In a 5-4 decision, the Washington Supreme Court held that plaintiffs suing criminal defense attorneys for legal malpractice must prove that they are innocent of the underlying criminal charge. Dr. Jessy Ang and …
Washington Guard Fails to Establish Employer Retaliation by Lonnie Earles was a guard at the Washington Corrections Center (WCC) near the town of Shelton. In 1994 he settled an employment discrimination suit with the State Department of Corrections (DOC). Over the next several years Earles was transferred from one position …
$1,500 Awarded in Negligence Suit for MA Prisoner's Work Injury by $1,500 Awarded in Negligence Suit for MA Prisoners Work Injury While performing his prison job at Massachusetts' MCI Concord, Thomas Collier was instructed to clean vents in the prison's kitchen. He was given de-greaser, which he sprayed on the …
Detention While Awaiting Re-sentencing Is Still Term Of Imprisonment Under IAD by Detention While Awaiting Re-sentencing Is Still Term Of Imprisonment Under IAD The Washington State Court of Appeals has held that a prisoner awaiting re-sentencing after violating the terms of a previous sentence is still serving a term of …
$26,000 Awarded In Washington Jail Suicide Suit by In May 1997, the Superior Court of Washington awarded $26,000 to the estate of a prisoner who committed suicide in the Kent city jail. The estate asserted that despite being on suicide watch, the prisoner, a 37-year-old male, was left unattended for …
SVP'S Have No Right To Counsel During Evaluation by Washington State prisoner Alfred E. Kistenmacher appealed a jury's determination that he is a sexually violent predator (SVP) under RCW 71.09, and claimed Fifth Amendment violation for not being afforded counsel's presence during the SVP evaluation. Kistenmacher was convicted of two …
Washington District Court Awards $195,000 For False Arrest, Emotional Distress by In April 1998, the U.S. District Court for the Western District of Washington awarded $195,000 for emotional distress to a man who was wrongfully arrested. The plaintiff, 40 and retired at the time of the March 1997 incident, claimed …
Proof of Jewish Heritage May Violate Equal Protection by Washington state prisoner James Shilling, a converted Jew, filed a Federal civil rights complaint against Washington and Nevada State Department of Corrections (DOC) personnel, claiming that they violated his First and 14th Amendment rights by denying him kosher meals while housed …
WA Plea Agreement Based on Incorrect Offender Score Vacated by In 2004, Shawn Wallwork, a Washington state prisoner, pled guilty to Theft and Unlawful Possession of a Firearm, pursuant to a plea agreement. He was sentenced to 87 months in prison in accordance with an agreed-to standard range of 87-116 …
WA Sex-Offender Gets New Civil Commitment Trial With Court Appointed Witness by In 2000, John Anderson had been voluntarily committed to the Western State Hospital in Tacoma, Washington for ten years. He had a long history of sexual assaults and violent sexual fantasies. In 2000, the state filed civil commitment …
WA Prisoners Who Assault Guards Knowing That They're Guards are Guilty of Custodial Assault by WA Prisoners Who Assault Guards Knowing That They're Guards are Guilty of Custodial Assault While incarcerated in the Spokane County Jail, Perry Ashelman splashed urine under his cell door onto Shaun Campbell's shoes and pants. …
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Two Registered Sex Offenders Murdered in Maine by Matthew Clarke by Matthew T. Clarke A violent criminal predator used Maine's sex offender registry web site to identify two sex offenders so he could murder them. Stephen A. Marshall, 20, of Cape Breton, Nova Scotia, Canada, used his laptop to methodically …
Washington State Supreme Court Justice Reprimanded For Visiting Prisoners by Citing an ?appearance of partiality,? a nine-member substitute special panel of the Washington State Supreme Court admonished Justice Richard B. Sanders for his having visited McNeil Island Special Commitment Center in 2003 where he spoke with sexually violent predator prisoners …
Turay, et al. v. Richards, et al., WA, Civil Commitment Case, Order Ending Injunction, 2007 Case 2:91-cv-00664-RSM Document 2120 Filed 03/23/2007 Page 1 of 9 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 RICHARD TURAY, et al., 8 9 10 11 …
Appeals Court Reverses Summary Judgment of Washington Phone Suit by A Washington appeals court has overturned a lower court's grant of summary judgment to telephone companies in a lawsuit alleging they failed to disclose rates to recipients of prisoner-initiated phone calls as required by state law. In 2000, Sandy Judd, …
Seizure of Washington Prisoners’ Cash at Jail Booking Unconstitutional by Michael Rigby Seizure of Washington Prisoners' Cash at Jail Booking Unconstitutional by Michael Rigby On August 29, 2006, a, federal district court in Washington held that a state law allowing jails to confiscate money from prisoners during booking without notice …
Washington Women’s Prison Healthcare Violations Continue by Washington Women?s Prison Healthcare Violations Continue As we've reported extensively, health care at the Washington Corrections Center for Women (WCCW), has been woefully inadequate for decades. Reform efforts have been underway since 1993, but the more things change, the more they stay the …
