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Article • October 15, 2008 • from PLN October, 2008
$45,000 Awarded to Probationer Subject to Overzealous Probation Officer by $45,000 Awarded to Probationer Subject to Overzealous Probation Officer An arbitrator awarded Washington State probationer Mark S. Rice $44,515 in a claim alleging negligence, emotional distress, and aggravation of a preexisting elbow injury. Washington Department of Corrections Community Corrections Officer …
Beecham v. City of West Sacramento, CA, Motion for Partial Summary Judgment, Police Excessive Force, 2008 4 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Fax: (510) 452-5510 5 Attorneys for Plaintiffs 1 …
Article • September 15, 2008 • from PLN September, 2008
$250,500 Verdict for False Imprisonment at Florida Jail by A federal jury from the Middle District of Florida awarded $250,500 to a man who claimed he was falsely imprisoned by the misuse of a Florida law – the Marchman Act – that permits the civil detention of persons who are …
Article • August 15, 2008
West Virginia Police Internal Affairs Investigation Reports are Conditionally Discoverable in Civil Actions by Donald McClay, a West Virginia state prisoner, was assaulted by an unidentified state trooper while under arrest for illegally registering to vote. He filed a complaint which was investigated by the state police Internal Affairs. McClay …
Article • August 15, 2008
Washington Prisoner Gets $1,750 for Damages to Car by Tony Heiman, a Spokane County, Washington prisoner, was the subject of a warrant for misdemeanor assault. But since a cop gave the court the wrong address for Heiman, he wasn't served with the warrant. He was later arrested in Seattle and …
Article • August 15, 2008
$395,000 Settlement For Excessive Tasing Death By California Police by Family members of Gregory Saulsbury, Jr., brought a wrongful death action against the City of Pacifica (California) and it's police after excessive tasing allegedly caused Saulsbury's death in 2005. The suit settled for $395,000 without guilt admission. Saulsbury's family called …
Washington DOC Settles Failure to Supervise Parolee Suit for $975,000 by Nathan Hipsher, a Washington state parolee, was using drugs, failing to participate in drug treatment and not reporting to his parole officer, who didn't have him arrested. He was living with Amber Bulus-Steed at the time, who he eventually …
Article • August 15, 2008
Filed under: Protests, Police, False Arrest
Seattle Police Settle World Trade Organization Protest Wrongful Arrest Suit for $1,000,000 by In October of 2000, Kenneth Rankin, Denise Cooper, Jennifer Hudziec and Stephanie Lane, all Washington state residents, filed a class action in federal court challenging the constitutionality of their arrest by Seattle, Washington police during a protest …
Article • August 15, 2008
$271,000 in Awards Stemming From FBI Harassment Arrest by Former U.S. Marine Julian C. Lee, 30, was pulled over by San Diego Sheriff Deputies on his way to the supermarket, and he was ordered out of the car at gunpoint and arrested. He was arrested on an outstanding criminal warrant …
Article • August 15, 2008
Miami Cops Beat, Drag Six Year Old Child by In this police misconduct case, the cops say that they saw the plaintiff breaking windows, pursued him and said "freeze police," and the plaintiff fell down; he then resisted when they picked him up. The plaintiff says he was thrown down …
Article • August 15, 2008
Alaska Cops' Personnel Files not Confidential by James Jennings, a former Alaska state prisoner, sued police in state court under state law and 42 U.S.C. §§ 1983 and 1988 for damages, claiming excessive force, false imprisonment and unconstitutional application of force. The trial court ordered the city of Anchorage to …
Article • August 15, 2008
Filed under: Police, False Arrest
CA Man Wrongly Jailed Wins $90,000 in Civil Rights Action by Maurice Goodman, a Black San Mateo County, CA paralegal and coach of a youth football team, was in Salinas, CA. with his team for a weekend game. He was stopped outside his motel room and harassed by Salinas police …
California PRA Requires Disclosure of the Names of Cops Who Shot Civilian by The Santa Barbara News-Press (newspaper), a subsidiary of the New York Times Co., sued the county sheriff (Sheriff) in state court under the state Public Records Act (PRA), Cal. Gov't Code § 6250 et seq, to compel …
Article • August 15, 2008
New Trial Ordered in NY False Arrest and Beating Suit by The jury found that the plaintiff had been falsely arrested and detained and had been the object of excessive force, but awarded only $1.00 in nominal damages. If the evidence shows that a plaintiff's injuries were caused by excessive …
Ninth Circuit Explains Limitations on Police Beating, Prosecution Claims by The plaintiff's malicious prosecution claim did not accrue until his criminal charges were resolved favorably, and the limitations period did not begin to run until then. The statute began to run on his use of force claim at the time …
Psychiatrists Who Okay Homicidal Cops Return to Duty Not Entitled to Qualified Immunity by A police officer abused the plaintiff. At the time, he had a remarkable record of bizarre and violent misconduct, including holding several police officers hostage with a shotgun after assaulting his wife (after which he was …
Article • August 15, 2008
Attorney Fees Denied in NY Police Beating Suit, De Minimis Victory by A jury awarded $540 against each of two defendants in a police beating case. After 118 days (104 days longer than the Federal Rules permit), plaintiff moved for attorneys' fees. The court rejects the claim of excusable neglect. …
City Liable for Police Beating; Prior Settlements Admissible to Prove Policy by The 17-year-old plaintiff was forcibly arrested and thrown against a van, causing bruises to chest and head, was kneed in the back, and was bruised by excessively tight handcuffs, after engaging in a mock fight witnessed by a …
Article • August 15, 2008
Maine Jail Not Liable for Strip Search Policy by The plaintiff was arrested for an unpaid traffic fine, which in fact had been paid, and was strip-searched on admission to the jail. Nobody could be held liable for this, since there was no evidence of a municipal custom. Though the …
Article • August 15, 2008
Resisting Arrest Conviction Does not Bar Beating Suit by A conviction for resisting arrest did not bar a claim for excessive force during arrest under the rule of Heck v. Humphrey, since the lawfulness of the arrest (an element of the criminal offense) need not be negated for the plaintiff …
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