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Article • August 24, 2016
Appeal for Summary Judgment Upheld for Qualified Immunity by The Eleventh Circuit Court of Appeals upheld a Georgia Federal District Court’s order granting dismissal of a lawsuit alleging use of excessive force on a prisoner. On January 28, 2007, Reginald Fennell was arrested for several misdemeanor charges. As he was …
Article • August 24, 2016
City Commissioners agree to a 2.6 Million Dollar Settlement in the Rachel Hoffman Case by Thirty minutes after a jury had been selected in the Rachel Hoffman Civil Case. City Commissioners in Tallahassee Florida went into a closed door meeting and voted 3-2 in favor of a 2.6 million dollar …
Article • August 24, 2016
California: Trendsetter... as Always by Item: California's 33 state prisons are operating at 190 percent of capacity. On January 10, 2002, Governor Gray Davis responded to this crisis by proposing to close five prisons with 1,400 beds. Item: California is facing a $20 billion budget shortfall. It costs $70 per …
Article • August 24, 2016
Sixth Circuit Affirms Denial of Qualified Immunity for Michigan DOC Officials by On February 6, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed a denial of qualified immunity for three Michigan prison officials accused of violating the First Amendment and the Religious Land Use and Institutionalize Persons …
Article • August 24, 2016
Civil Suit Against Wise County, Virginia for Case of Mistaken Identity by In a case of mistaken identity, an innocent man residing in Memphis, Tennessee was extradited to a regional jail in Wise County, Virginia where he remained incarcerated for more than three months. Once the Commonwealth’s Attorney could be …
Article • August 24, 2016
11th Circuit Affirms Judgment for Prison Officials in Violence Case by The United States Court of Appeals for the Eleventh Circuit affirmed on April 2, 2014, the lower court's grant of summary judgment for the defendants in a §1983 claim weighed by plaintiff Jody O'Neil Harrison, seeking damages for injuries …
Article • August 24, 2016
$12,000 Settlement for Treatment at CCA Prison by Corrections Corporation of America paid $12,000 to settle a lawsuit by a prisoner Johnny A. Walsh for claims related to his treatment at the Silverdale Detention Center in Tennessee. The October 2005 confidential settlement was obtained via public records request by PLN. …
$4,000 Settlement in Assault at CCA Prison by Corrections Corporation of America paid $4,000 to settle a lawsuit alleging a guard at the Shelby Training Center in Tennessee assaulted a juvenile, Brandon D. Jones. The April 2006 confidential settlement was obtained via public records request by PLN. The complaint was …
$2 Million Settlement in Detroit Prisoners Heart Attack Death by The city of Detroit paid $2 million to settle a lawsuit that claimed guards ignored pleas of James Stone as he complained for hours that he was experiencing chest pain. Stone, arrested for a parole violation, died in August 2005 …
Article • August 24, 2016
Tennessee Woman Award $71,343 in Attorney Fees in Public Records Suit by A Tennessee Appeals Court awarded $71,343 in attorney fees to a woman who brought suit to obtain public records. Rebecca Little sought records about sewer and other improvements the city of Chattanooga annexed in 1972. The Hamilton County …
Article • August 24, 2016
Oregon Nurse Resigns Over 2-Year Affair with Mental Patient by A registered nurse at the Oregon State Hospital (OSH) sexually abused a mental patient for two years, according to a recently released state investigation report. While employed at OSH, registered nurse Jennifer Barren appears to have engaged in a long-term …
Article • August 24, 2016
Oregon Judges Implicitly Authorized to Order Involuntary Psychotropic Medication by In a case of first impression, on March 20, 2014, the En Banc Oregon Supreme Court held that Oregon law implicitly authorizes trial courts to order involuntary psychotropic medication to restore a criminal defendant’s trial competency. The Court held, however, …
Article • August 24, 2016
Oregon Court Improperly Holds Library Denial Claim is Heck-Barred by On July 31, 2014, an Oregon federal court erroneously dismissed a denial of law library claim, as barred by Heck v. Humphrey, 512 U.S. 477 (1994). On August 2, 2002, Seth Edwin Koch was convicted of two counts of Aggravated …
7th Circuit Affirms as Proper Jury Instructions on Intent and Harm Elements of Excessive Force Claim Brought by Wisconsin Pretrial Detainee by The U.S. Court of Appeals for the Seventh Circuit has affirmed a lower court’s use of jury instructions including harm and subjective intent elements of a use of …
Article • August 24, 2016
Alabama Ends Prison Farming Operations by Citing lack of profit, the Alabama Correctional Industries (ACI) ended its farming operations; ACI was formalized in 1976 with the “Prison-Made Goods Act.” It had been unprofitable for years leading up to the restructuring announced in 2007. “I want ACI to be a profit …
Article • August 24, 2016
Filed under: Due Process
Wyoming Prisoner Not Denied Right to Speedy Trial, Properly Denied Continuance by The Wyoming Supreme Court has held that a prisoner was not denied the right to a speedy trial and that the lower court did not abuse its discretion by denying the prisoner’s motion for continuance. Rene Vargas, a …
Michigan’s Civil Rights Act Applies to Pretrial Detainees by In reversing a grant of summary judgment to jail officials, Michigan’s Court of Appeals held that the Michigan Civil Rights Act (CRA) does not exclude all people detained in a correctional facility. Rather, it only excludes those who are “serving a …
Article • August 24, 2016
Pennsylvania Policy Requiring Control Number for Qualification as Legal Mail Unconstitutional by David Reutter Finding that no legitimate penological interest existed to support a Pennsylvania Department of Corrections (PDOC) policy that required a PDOC-issued control number be included on correspondence for it to qualify as legal mail, a Pennsylvania U.S. …
Article • August 24, 2016
Lawsuit Challenging BOP’s Ban on Face-to-Face Media Interviews Continues by The Seventh Circuit Court of Appeals has held that a jury could conclude the Bureau of Prisons’ (BOP) ban on face-to-face interviews with death row prisoners was not based on security threats related to such prisoners becoming jailhouse celebrities and …
Article • August 24, 2016
California: Prisoner Not Entitled to Points Reduction in Classification Score Unless Actually Participating in Programs by Michael Brodheim In a published case, the California Court of Appeal for the Third Appellate District has held that a prisoner is not entitled to a reduction in his or her classification score for …
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