Kansas: Prison Healthcare Officials Engaged in Continued Deliberate Indifference by Robert Warlick Kansas: Prison Healthcare Officials Engaged in Continued Deliberate Indifference by Robert Warlick The Kansas Court of Appeals held that employees of Correct Care Solutions at the Lansing Correctional Facility (LCF) committed continuing Eighth Amendment violations by …
Jackson v. Ash, KS, Order Granting Class Cert., Postcard Only Mail Policy, 2014 Case 2:13-cv-02504-EFM-JPO Document 26 Filed 03/25/14 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS TYRELL JACKSON and RANDALL CHAPMAN, on behalf of themselves and all others similarly situated, and MABEL …
Richard v. Sedgwick County Board of County Commissioners, KS, et al, Settlement Agreement, 2014 SETTLEMENT AGREEMENT This Settlement Agreement ("agreement") is made and entered into by and between Ronell Ronell Richard, as Administrator or the Estate of Edgar Richard, Jr., Deceased and Manual Diaz, Saquisha Nelson Clark, Robert Hinshaw, Gary …
Seventh Circuit Upholds FTCA Venue Transfer by The Seventh Circuit Court of Appeals has upheld the transfer of a former federal prisoner’s negligence action from Illinois to Kansas. Daniel Hudson relocated to Illinois following his release from a federal prison in Kansas. He filed a Federal Tort Claims Act (FTCA) …
Richard v. Board of County Commissioners, KS, Settlement, Brain Damage from Jail Guard Beating, 2014 SETTLEMENT AGREEMENT This Settlement Agreement ("agreement") is made and entered into by and between Ronell Richard, as Administrator or the Estate of Edgar Richard, Jr., Deceased and Manual Diaz, Saquisha Nelson Clark, Robert Hinshaw, Gary …
Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity by The Tenth Circuit has affirmed the denial of qualified immunity to a warden in a civil rights action that alleged he created and allowed a policy or culture of sexual misconduct and failed to take reasonable measures to abate that …
Kansas Supreme Court Vacates Attorney Fee Reimbursement Order by The Kansas Supreme Court vacated a sentencing court’s order requiring a criminal defendant to reimburse Board of Indigents’ Defense Services (BIDS) attorney fees, for failing to make appropriate findings on the record. Morgan Wade was convicted of killing his former girlfriend …
Kansas Supreme Court Holds Inpatient Drug Treatment Time Counts as Jail Time in Consecutive Non-Drug Case by The Supreme Court of Kansas has held that a prisoner is entitled to have time spent in an inpatient drug treatment facility while on probation count as jail time in a consecutive non-drug …
Jackson v. Ash, KS, Class Action Motion, Postcard Only Mail Policy, 2013 Case 2:13-cv-02504-EFM-JPO Document 18 Filed 12/03/13 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS TYRELL JACKSON, et al., on behalf of themselves and on behalf of classes of persons similarly situated; Plaintiffs, v. …
Jackson v. Ash, KS, Dft's Response to Mtn. for Class Cert. Postcard Only Mail Policy, 2013 Case 2:13-cv-02504-EFM-JPO Document 15 Filed 11/12/13 Page 1 of 9 In the United States District Court For the District of Kansas Tyrell Jackson, et al. Plaintiffs, v. Donald Ash Defendant. _____________________________ ) ) ) …
Effective Counsel Required in Kansas Civil Commitment Proceedings by The Kansas Supreme Court has held that prisoners facing civil commitment under the Kansas Sexually Violent Predators Act (KSVPA) have a due process right to effective assistance of counsel. The Court also held that ineffective assistance of counsel claims may be …
Jackson v. Ash, KS, Class Action Complaint, Postcard Only Mail Policy, 2013 Case 2:13-cv-02504-EFM-JPO Document 1 Filed 09/30/13 Page 1 of 15 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS TYRELL JACKSON and RANDALL CHAPMAN, on behalf of themselves and on behalf of a class of persons similarly situated, …
Kansas Supreme Court Clarifies Procedures to be followed in Addressing Requests for DNA Testing by In October 2012, the Supreme Court of Kansas reversed a trial court’s denial of a petition for DNA testing by convicted murderer Robert Lackey II. In so doing, the Court clarified the procedures to be …
Kansas Supreme Court Reverses Jail Suicide Summary Judgment by The Kansas Supreme Court unanimously held that jailers were not entitled to summary judgment for failing to prevent a detainee's suicide. Anthony Stapleton was detained in the Shawnee County Adult Detention Center, from October 23, 2002, until his November 29, 2002 …
Former Kansas Prisoner Civil Rights Suit Dismissed by 10th Circuit by Derek Gilna The 10th Circuit Court of Appeals has affirmed a district court decision dismissing the 42 U.S.C. Section 1983 case alleging violations of the Kansas Constitution, the Kansas Tort Claims Act, the Americans with Disabilities Act, the Rehabilitation …
Tenth Circuit: Individual Damage Claims Improper Under RLUIPA; Right Against Rastafarian Haircut Not Clearly Established by The Tenth Circuit Court of Appeals upheld a lower court's dismissal of a Kansas Rastafarian prisoner's constitutional and statutory challenges to a requirement that he comb out or cut his dreadlocks. Sturgeon Stewart was …
Tenth Circuit Faults Kansas Prisoners' Representation; Upholds Dismissal of Compulsory Savings Account Challenge by Thanks largely to profoundly incompetent representation, the Tenth Circuit Court of Appeals affirmed the dismissal of a constitutional challenge to compulsory Kansas prison savings account policies. The Kansas Department of Corrections (KDOC) adopted policies requiring that …
Rippee v. Shawnee County, KS, Settlement, Jail-Medication Overdose Death, 2012 SETTLEMENT AGREEMENT AND RELEASE This Agreement is between Kaw Valley, Administrator of the Estate of John Bradley Rippee, deceased, and Charlotte Rippee, individually and on behalf of all heirs at law of John Bradley Rippee, deceased, (referred to in this …
Attorney Who Brought Reporter into Prison Cleared of Ethical Violations by A Kansas lawyer who took an investigative reporter into the Topeka Correctional Facility (TCF), a women’s prison, has had the cloud of a pending ethics complaint lifted after two years. The complaint was filed with the Kansas Board for …
Rogers v. Board of County Commissioners of Shawnee County, KS, Amended Petition, Fall From Bunk, 2012 Eric Kjorlie, #08065 Historic Tinkham Veale Place 827 SW Topeka Blvd. Topeka, Kansas 6612-1608 (785) 232-6868 (O); (785) 232-6878 (F) Email: kjorlielaw@sbcglobal.net IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS DIVISION ONE GIUSEPINNA LIDIA …
