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Virginia Prison Warden's Defamation Suit Survives Dismissal Motion by The United States District Court, Western District of Virginia, denied motions by Connecticut newspapers, reporters, and editors to dismiss a Virginia prison warden's suit against the Connecticut defendants after the defendants posted allegedly defamatory news articles on the newspapers' World Wide …
FTCA Does Not Apply to Prisoner's Property Mailed Outside Prison by Affirming the District Court of Kansas, the U.S. Tenth Circuit Court of Appeals held that the Federal Tort Claims Act (FTCA) does not apply to a federal prisoner's personal property mailed outside of prison. Samuel Haywood Myles, a prisoner …
California Sexual Predators’ Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John Dannenberg California Sexual Predators' Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John E. Dannenberg A class of 600 civilly committed sexually violent predators (SVP) sued the California Department of Mental Health (DMH) under 42 U.S.C. …
Article • April 15, 2007 • from PLN April, 2007
California Prisoner Fed Finger Settles with Florida Food Manufacturer by On January 31, 2006, a Florida food company reached a confidential settlement agreement with a California state prisoner who found a three-quarter inch long human finger tip in one of the company?s prepackaged meals. While confined in isolation at California?s …
Ninth Circuit: Before Conducting Warrantless Parole Search, Police Need Probable Cause to Believe Parolee Lives There by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals has held that ?before conducting a warrantless search pursuant to a properly imposed parole condition, law enforcement officers must have …
Ninth Circuit: Failure to Timely Set Fractured Thumb is Actionable by John Dannenberg by John E. Dannenberg A California prisoner who severely fractured his right thumb when falling from an upper bunk stated sufficient facts to assert an Eighth Amendment claim for deliberate indifference to his serious medical needs, as …
Mentally Ill Connecticut Prisoner Assaulted by Guard Awarded $250,000, Plus $121,384.80 in Fees by On March 3, 2006, a federal jury in Connecticut awarded $250,000 to a mentally ill state prisoner who was beaten by a high-ranking prison guard at the Northern Correctional Institution. According to his amended complaint, Duane …
Article • April 15, 2007 • from PLN April, 2007
Two Victories in New York’s Struggle Against Unjust Telephone Contract by Rachel Meeropol Two Victories in New York's Struggle Against Unjust Telephone Contract by Annette Dickerson, Rachel Meeropol, and Lauren Melodia Families of those incarcerated by New York State finally won some justice this winter in their fight against a …
California DOC Substance-Abuse Contractor Audits Reveal $5 Million in Overcharges by John Dannenberg by John E. Dannenberg California?s Inspector General (IG), the state?s overseer of the California Department of Corrections and Rehabilitation (CDCR), discovered $5 million in past overcharges from three substance-abuse treatment contractors, plus $258,250 in overstated expenses and …
Maryland Man Awarded $6.4 Million For False Imprisonment, Police Misconduct by Michael Rigby On August 30, 2006, a jury in Prince George?s County, Maryland, awarded $6.4 million to a man who was wrongfully imprisoned for the brutal rape and murder of his wife. During trial the jury heard compelling evidence …
Florida Warden Susceptible to Liability in Valdes’ Murder; Suit Settles for $1,169,923.42 by David Reutter Florida Warden Susceptible to Liability in Valdes' Murder; Suit Settles for $1,169,923.42 by David M. Reutter While former Florida Department of Corrections director James Crosby was never charged in the murder of Florida death row …
Article • March 15, 2007 • from PLN March, 2007
Appeals Court Reverses Summary Judgment of Washington Phone Suit by A Washington appeals court has overturned a lower court's grant of summary judgment to telephone companies in a lawsuit alleging they failed to disclose rates to recipients of prisoner-initiated phone calls as required by state law. In 2000, Sandy Judd, …
No Qualified Immunity for Michigan Prisoner’s Heat-Dehydration Death by No Qualified Immunity for Michigan Prisoner's Heat-Dehydration Death The Sixth Circuit Court of Appeals affirmed the denial of qualified immunity to eleven prison officials in the isolation, dehydration and death of a Michigan prisoner. A "heat alert" was issued for Ionia …
Article • February 15, 2007 • from PLN February, 2007
5-Point Restraints = Excessive Force + Due Process Violation Results in $25,000 Virginia Damage Award by A federal court in Virginia held that subjecting a prisoner to five-point restraints for 46-48 hours on five occasions was cruel and unusual punishment. It also found the lack of procedural protections deprived the …
Article • February 15, 2007 • from PLN February, 2007
MO Jail Guards Denying Seizure Medication amd Assigning Prisoner to Top Bunk May Violate 8th Amendment by The U.S. Court of Appeals for the 8th Circuit has reversed a federal district court?s grant of summary judgment to jailers who denied seizure medication to a prisoner, who then fell from a …
Article • February 15, 2007 • from PLN February, 2007
Native American Entitled to Prayer Feather by An Arkansas federal district court has held that a Native American prisoner has a constitutional right to possess or use a prayer feather for religious purposes. This action was brought by Billy Joe Wolf, complaining about acts while he was imprisoned at Arkansas? …
Article • January 15, 2007 • from PLN January, 2007
$214,000 Award for Injuries Caused by Dilantin Deprivation to Michigan Jail Prisoner by A Michigan federal jury awarded a former prisoner $214,000 in damages for injuries caused by policies at the Grand Traverse County Jail that failed to assure she received her Dilantin. The plaintiff in this case, Amy Lynn …
Illegal Strip Searches Cost MTC, New Mexico County $8.5 Million by Michael Rigby Management and Training Corporation (MTC) and Santa Fe County, New Mexico, will pay $8.5 million to settle with an estimated 13,000 former prisoners who were unconstitutionally strip searched at the Santa. Fe County Detention Facility between January …
Article • December 15, 2006 • from PLN December, 2006
San Francisco Jails Strip Search Policy Ruled Unconstitutional By Federal Court by John Dannenberg San Francisco Jails Strip Search Policy Ruled Unconstitutional By Federal Court by John E. Dannenberg The U.S. District Court (N.D. Cal.) ruled on motions for summary judgment that the City and County of San Franciscos blanket …
Alabama Guards Liable in Killing a Prisoner by The Eleventh Circuit Court of Appeals has reversed an Alabama federal district courts grant of summary judgment to guards in a civil rights suit stemming from the killing of a prisoner by guards during a struggle. Following a successful escape attempt at …
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