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Article • August 25, 2016
Filed under: Attorneys General
TN Attorney General Says Public Records Act Requires Disclosure After Redaction of Exempt Portions of Records by In September, 1998, the Tennessee Attorney General issued its opinion regarding the disclosure of records after redaction of legally exempt parts of the document, without any balancing of interests before disclosure. The AG …
Article • August 25, 2016
Filed under: Trust Accounts
Texas Supreme Court Rules Inmate Trust Accounts Are Civil in Nature by On June 5, 2009 U.S. Justice Willett reversed in part a petition from the Court of Appeals for the Seventh District of Texas of a due-process claim for funds withdrawn from inmate trust accounts. In 2006, Texas prisoner …
Article • August 25, 2016
Filed under: Racial Discrimination
Supreme Court of Alaska Directs Human Rights Commission to Re-investigate Complaint by The Alaska Supreme Court held in June 2012 that the Alaska State Commission for Human Rights breached its duty to conduct an impartial investigation with respect to the complaint of William M. Toliver, II alleging the Brown Jug …
Supermax Prisoner Denied FOIL and Privacy Requests by 10th Circuit by Derek Gilna Mark Jordan, a prisoner at the United States Penitentiary Administrative Maximum Facility (ADX), in Florence, Colorado, has been denied relief under the Freedom of Information Act (FOIA), 5 U.S.C. Section 552, and the Privacy Act (PA), 5 …
State Pays $1 Million to Settle Sex Claims; Jury Finds Against Juvenile Prison Chaplain by Following an eleven-day trial, a Portland, Oregon jury awarded two men $1,400,000 on claims that they were sexually abused by a chaplain at the MacLaren Youth Correctional Facility in the 1970s. Fourteen men brought suits …
Article • August 25, 2016
State of Washington Settles on Wrongful Death Claim by The Superior Court of the State of Washington oversaw the $100,000 settlement in February 2002 of a wrongful death claim brought by the wife of Dexter Villa, who was deceased in October 1998 as a result of the actions and inactions …
Article • August 25, 2016
State of Washington Settles in Damages Claim Brought by Prisoner by The State of Washington reached a settlement of $11,000 and appropriate dental care in February 2004 with Patrick J. Hoffman, a prisoner at Stafford Creek Correctional Center, Intensive Management Unit. Hoffman was housed at Walla Walla State Prison serving …
Stabbed to Death in Sleep, Estate Awarded $850,000 by The estate of a prisoner who was stabbed to death while sleeping was awarded $850,000. Joseph Daniels, a 24-year-old father of two minor children, was confined in a dormitory of a medium-security District of Columbia (DC) prison. A court order required …
Sheriff May Be Liable for Cell-Check Policy that Led to Teenager’s Suicide by In July 2010, a federal district court in Illinois held that a sheriff may be held liable in his official capacity for instituting a cell-check policy under which guards could not personally observe all detainees during overnight …
Sacramento County Pays $58K to Settle Rape Suit Brought by Transgender Detainee by In June 2006, Jackie Tates was paid $58,333.34 by Sacramento County to settle a federal suit filed by Tates, a pre-operative (male-to-female) transgender inmate, alleging that in November 2000, while housed at the Sacramento County Main Jail …
Article • August 25, 2016
Sacramento County California Prisoners Agree to Consent Decree by In a class action lawsuit prisoners entered into an agreement with county officials concerning conditions in the Sacramento County Main Jail (jail) and the Rio Cosumnes Correction Center (center) stipulating in all issues and constitutional claims against defendant officials before the …
Article • August 25, 2016
$2,200 Award for South Carolina’s Prisoner against Assailant Prisoner by A jury in South Carolina has awarded $2,200 to a prisoner after finding the South Carolina Department of Corrections (SCDOC) guilty of gross negligence. Prisoner Andrew Baldree, 36, was confined on December 28, 2011, at the Lieber Correctional Institution. He …
Article • August 25, 2016
Eighth Circuit Reverses Excessive Force Summary Judgment by Mark Wilson The Eighth Circuit Court of Appeals held that factual disputes about what happened outside a camera's view during an arrest precluded summary judgment for police on an excessive force claim. At 2:30 a.m., on February 12, 2009, Arkansas State Police …
Article • August 25, 2016
California "Reason to Know" Probation Condition Not Unconstitutionally Vague by Mark Wilson The California Court of Appeals held that a probation condition prohibiting association with persons “you know, or reasonably should know” are drug users is not unconstitutionally vague. In 2012, Jaime Mata Mendez was convicted of California drug charges …
Article • August 25, 2016
NY Prisoner’s Sanction for Not Providing Urine Sample for Drug Screening Affirmed by Camilo Infante, a New York state prisoner, failed to provide a urine sample within three hours of a guard’s order to do so for purposes of drug screening. He claimed at his disciplinary hearing that a groin …
Article • August 25, 2016
North Dakota Supreme Court Clarifies Child Support Lien Issues re State Prisoner by The Supreme Court for the State of North Dakota affirmed the judgment of the Ward County District Court, Northwest Judicial District of North Dakota, affirming an administrative enforcement action placing a lien, ordered September 28, 2011, on …
North Carolina Prisoner Who Sustained Injuries in Suspicious Circumstances Dies by A North Carolina state prisoner who was found in his segregation cell with a smashed skull in August 2008 has died. The cause of his injuries, officially, remains unknown. Alexander Correctional Institution prisoner Timothy Helms, 49, died in the …
Article • August 25, 2016
Filed under: Good Time
Ninth Circuit Approves Prorated Good Time Under §3624(b)(1) by The Ninth Circuit Court of Appeals upheld the Bureau of Prisons’ (BOP’s) interpretation of the maximum good time credits a federal prisoner may receive under 18 USC § 3624(b). Under § 3624(b)(1)(1995), a federal prisoner receives 54 days of good time …
Article • August 25, 2016
Filed under: Strip Searches
Mass Pennsylvania Prisoner Strip Search Nets Each Prisoner $1,000 by Pennsylvania prison officials have agreed to pay twenty prisoners $1,000 each to settle a claim that they were illegally strip-searched. The complaint in the action concerned an incident that occurred on September 14, 2000, at State Correctional Institution at Albion. …
Article • August 25, 2016
Maryland Prisoner Gets Sentence Reduction Credits for “Special Project” Work by Bradford Holup, a Maryland state prisoner, received special training to do blood-spill cleanup work and did that kind of work for over two years in Maryland prisons. Blood-spill cleanup work qualifies as “special project” work for which prisoners are …
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