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Jail Guards Get Qualified Immunity for Beating, Pepper Spraying Prisoner Who Commits Suicide by The decedent was arrested for public intoxication; there was a fight when he was booked, resulting in his being sprayed with pepper spray or other chemical restraint. The officers carried him to a cell and sprayed …
Article • August 15, 2008
Suit Challenging Massachusetts Parole Procedures Dismissed by Prisoners' claim that a state parole statute is unconstitutionally vague and that the parole board denies due process by allowing crime victims and their families to speak at parole hearings while refusing to permit the plaintiffs' families and friends to be heard need …
Kansas DOC Restrictions on Thelema Religion Upheld by The plaintiff complained of restrictions on his religious practice as a follower of the First Hermetic Order of Thelema, a religion founded in 1904 by Aleister Crowley. Prison officials recognized the religion and arranged for a visit from Thelemic clergy from the …
Article • August 15, 2008
Prison Doctor Lacks Standing to Challenge BOP Policy Denying Medical Care by The plaintiff complained of his treatment for a hernia and his prison doctor complained he was fired pursuant to a policy of providing inadequate care and in violation of his First Amendment rights. Prisoners seeking damages must exhaust …
Qualified Immunity for NY Prison Officials Over Stabbing by The plaintiff's decedent was stabbed by another inmate (he survived and died later of unrelated causes). The jury awarded $1.00 against prison officials. The court grants defendants' motion for judgment as a matter of law. There was insufficient evidence to support …
Article • August 15, 2008
No FOIA Disclosure of Marshals’ Names by The names of the marshals who escorted the plaintiff on a particular occasion when he was injured were exempt from disclosure under FOIA because they were part of records compiled for law enforcement purposes, and the plaintiff did not show that the public's …
Article • August 15, 2008
Supreme Court Denies Mandatory Settlement Class Certification by Asbestos companies approached a group of plaintiffs' lawyers to discuss a "global settlement" of their tort liability, resulting in the filing of a mandatory class action that would bind all future claimants with no opt-out provision and thus permanently limit the defendants' …
City Liable for Retaliation Against Cop Whistleblower and Code of Silence by The plaintiff police officer reported misconduct by other officers that resulted in their suspension. At 943: "Blair had the right under the First Amendment to inform his superiors of misconduct in the police department." He was then subjected …
Class Certified in Conditions Suit at SD Juvenile Prison by Plaintiffs challenged conditions in a juvenile training school, including the use of mechanical restraints, strip searches by opposite sex guards, excessive force, arbitrary lockdown or isolation, lack of disciplinary due process, etc. The court certifies a class of a present …
Article • August 15, 2008
Dispute Over Bringing Suit Doesn’t Bar Class Certification by At 153: It is not unusual in class actions for some class members to believe that an action should not be brought. A dispute within the class over whether an action should be pursued does not preclude class certification, as long …
Suit Over Mental Patient’s Murder Dismissed by The decedent was strangled by another mental patient, who had the previous day threatened to kill someone in order to be transferred to the other building, and who had attempted to choke another patient previously. The defendant doctor had met with the assailant …
Article • August 15, 2008
Police Harassment Upheld by The plaintiff homeowners alleged that police officers verbally harassed them, intimidated them, occupied their property without permission, deliberately lied in official documents, and perjured themselves in official court proceedings in order to do the homeowners harm. This conduct does not "shock the conscience" as required to …
Article • August 15, 2008
Drug Tampering Conviction Bars BOP Good Time Award by Tampering with a consumer product with reckless disregard for risk of death or bodily harm could reasonably be determined to be a "crime of violence" precluding early release for completion of a drug rehabilitation program. The petitioner so precluded from the …
No Liability for Prison Killing by Mass Murderer by The decedent was brutally murdered by another prisoner who had previously murdered his two sons, his girlfriend, and a prostitute, who had a non-trivial disciplinary record, and who had written a letter to the warden from segregation describing himself as homicidal …
Article • August 15, 2008
Inadequate Washington State Jury Instruction Regarding Reasonable Doubt Ruled Harmless Error by Washington State prisoner Bruce Bennett, Jr., sought review in 2006 of an appellate affirmation of his escape conviction. He claimed that an inadequate jury instruction led to his conviction. The court ruled the instruction harmless error. Bennett was …
Article • August 15, 2008
Washington State Patrol Exceeded Authority Impounding Vehicles For Suspended Drivers License by Washington State resident Mark Potter appealed the dismissal of his class action suit against the Washington State Patrol (WSP) for wrongfully impounding vehicles due to suspended driver’s licenses. The dismissal was reversed and remanded for further proceedings. Due …
$1.5 Million Awarded Female Washington Attorneys For Workplace Abuse By Prosecutor by Thurston County (Washington) criminal prosecutor's office employees brought civil rights violations action against the County for gender discrimination and hostile work environment beginning in 2001. Audrey Broyles, Susan Sackett Dan Pullo, and Vonda Sargent (plaintiffs) were awarded $1,522,000 …
Article • August 15, 2008
$100,000 Awarded Daughter Of Man Negligently Killed By Nashville Police by Tennessee resident Angela Rhodes, representing her daughter, Angela Denham, brought is against the Metropolitan Government of Davidson County after her father, James Denham, was accidentally shot and killed in 2005. The suit settled for a meager $100,000. James Denham …
Article • August 15, 2008
Texas Attorney To Repay $200,000 He Stole From Imprisoned Father by Ex Texas federal prisoner John Kennedy (plaintiff) brought suit against his son Michael for theft, conversion, and fraud after stealing his money and turning the plaintiff in to the Internal Revenue Service (IRS). His son was ordered to repay …
Article • August 15, 2008
$185,000 Settlement In Ohio Deceased's Estate For Racial Discrimination And Retaliatory Termination by Ohio State Resident Sheila Smoot, acting as administratrix of her deceased husband Robert's estate, brought suit for racial discrimination and retaliatory termination in 2006 against the Hillcrest Training Center (HTC) juvenile facility. The suit settled for $185,000. …
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