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Article • December 15, 2007
South Carolina Law Enforcement Reports Ordered Disclosed To Media by Newberry Publishing Company, Inc. (Publisher), appealed a court ruling denying an investigative report's production. The South Carolina Law Enforcement Division claimed that it was exempt as investigative material. The court reversed the order for nondisclosure with few exceptions. The Publisher …
Female Ohio Guards Awarded $475,000 For Gender Discrimination Regarding Assignment, Promotion by Seven female Ohio guards brought federal suit against the Trumbull County Sheriff's Department (Department) for emotional distress due to unfavorable assignments and lack of promotion. The court awarded them collectively $475,000. The guards claimed sex discrimination because their …
Article • December 15, 2007
$750,000 Settlement Reached In Virginia Police Abuse Case by A Virginia Commonwealth resident (Walker) was seriously injured by police during the use of excessive force. Police thought he was a rape suspect and shot him and then beat him with a nightstick. Walker brought suit which was settled prior to …
Article • December 15, 2007
Los Angeles Deputy Sheriff's Attempted Sexual Assault Settles For $55,000 by The Law Enforcement Services Division (LESD) of Los Angeles County, California, authorized a settlement in a claim of attempted sexual assault against Dominique Daniel by an on duty deputy sheriff. The settlement saved them over $400,000 in litigation and …
Article • December 15, 2007
Texas Prisoners Not Entitled To Records Request Under 2004 Act by Texas State prisoner Michael Cox appealed a 2006 Lubbock, Texas, court order denying his request for records concerning his 1992 conviction. The court interpreted his request as an attempt to appeal his case over a decade late and affirmed …
Article • December 15, 2007
New York Prisoner's Property Claim Accrues On Date Administrative Exhaustion Denied by New York state prisoner Alfred Blanche filed a claim against the Department of Correctional Services (DOCS) in the New York Court of Claims for loss of property pursuant to the Court of Claims Act. The Court granted the …
Article • December 15, 2007
$5,000 Awarded To Canadian Prisoner Exposed To Second Hand Smoke by In 2005, a Toronto prisoner was awarded $5,000 by a Canadian federal judge who ruled Correctional Services of Canada (GSC) failed to provide Vlado Maljkovich with the legally mandated healthy environment while in the Fenbrook Correctional Institute in Gravenhurst. …
Otherwise Exempt NY Correctional Incident Reports, Related Documents Ordered Disclosed With Appropriate Redaction by New York State prisoner Abdul Beyah appealed a court's 2002 affirmation of the New York Department of Correctional Services (DOCS) refusal to produce incident reports from the Auburn Correctional Facility (ACF). The court ordered the information …
Article • December 15, 2007
Nondisclosure Of Prosecutor's Investigative Notes Reversed, Remanded For Inspection To Determine Merit by New York State pro se prisoner Hector Chebere appealed a 2002 court order denying the production of notes containing a witness statement made prior to his conviction. The court reversed and remanded for an in camera inspection …
Article • December 15, 2007 • from PLN December, 2007
European Court of Human Rights Awards Russian Prisoner $20,060 For Overcrowding by Matthew Clarke by Matt Clarke On March 29, 2007, the European Court of Human Rights in Strasbourg, France, awarded a Russian prisoner 15,000 Euros ($20,060) in damages for incarcerating him in extremely overcrowded conditions. On November 26, 2001, …
Article • December 15, 2007 • from PLN December, 2007
Texas Wrongful Death Jail Lawsuit Settles For $375,000 by In June 2006, Navarro County, Texas, agreed to pay $375,000 to the family of a juvenile prisoner who received no medical attention following his imprisonment in the county jail and died the following day. Jesus Martinez, a minor, was arrested on …
Article • December 15, 2007 • from PLN December, 2007
From the Editor by Paul Wright Long time readers of PLN may recall that from 1996 through 2004 John Midgley wrote our very popular Pro Se Tips and Tactics column with information on how prisoners could master civil procedure to vindicate their civil rights in court. John stopped writing the …
Problematic California Private Prison Sold to San Bernardino County by John Dannenberg by John E. Dannenberg In the continuing saga of a troubled private prison in Adelanto, California, the facility was sold to the County of San Bernardino for $31.2 million in February 2006. However, controversies haunted the county for …
Article • December 15, 2007 • from PLN December, 2007
Filed under: Commentary/Reviews
Prisoner’s Rights Profile: John Midgley by Todd Matthews Prisoner's Rights Profile: John Midgley An interview with Washington social justice attorney John Midgley by Todd Matthews "The most important thing about prison work is it's fundamentally about human rights," says John Midgley, a Seattle attorney who has worked in the fields …
Missouri: New State Law Conceals Identity of Executioners by John Dannenberg by John E. Dannenberg Missouri enacted a new law declaring the identity of those personnel participating in the execution process to be a state secret. The statute provides a legal cause of action for damages and punitive damages against …
National Conference for Prison Book Projects Held in Urbana-Champaign by Brian Dolinar On November 3, 2007, a conference in Urbana-Champaign, Illinois brought together 88 participants from 29 different prison book projects across the country. A similar event of this kind has not taken place since a 2002 conference in Philadelphia. …
California DOC Settles Federal Suit to Permit Bible Study Materials; Establishes Pilot Program For Screening Books and CDs by John Dannenberg by John E. Dannenberg The California Department of Corrections and Rehabilitation (CDCR) settled a lawsuit brought by Jesus Christ Prison Ministry (JCPM) that sought to overcome CDCR's rigid bar …
Article • December 15, 2007
Eye Loss from Guard Assault Nets $162,500 For DC Prisoner by A District of Columbia (DC) prisoner who lost an eye when a guard beat him, was awarded $162,500. Mr. Quander, a 39-year-old black prisoner was beaten with a radio by a Hispanic prison guard. Quander's left eye was damaged …
Both Thumbs, One Finger Amputated Nets Prisoner $25,000 by A New York prisoner whose thumbs and left ring finger were amputated was awarded $25,000. Mr. Saleh, a 31-year-old New York prisoner, was a carpentry student. While operating a circular saw, making name plates, he suffered "a traumatic amputation of the …
Article • December 15, 2007
Head Games by Alan Prendergast At least one out of every five Colorado prisoners is mentally ill -- some violent, some undetected or untreated. How did the Big House become the Bug House? By Alan Prendergast Talk all you want about bad men and madmen. The truly scary ones are …
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