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Article • June 15, 2010 • from PLN June, 2010
Ninth Circuit: Race-Based Prison Lockdowns Must Satisfy Strict-Scrutiny Standard by In a ruling with potentially wide-ranging implications, the Ninth Circuit held that race-based prison lockdowns fail to meet the strict-scrutiny standard announced by the U.S. Supreme Court in Johnson v. California, 543 U.S. 499, 505-07 (2005) [PLN, July 2005, p.22], …
Article • June 15, 2010 • from PLN June, 2010
California: Indefinite Civil Commitment of Sexually Violent Predators May Violate Equal Protection by In a January 28, 2010 ruling, the California Supreme Court held that Prop. 83, a November 2006 ballot initiative also known as Jessica’s Law, may violate constitutional guarantees of equal protection by subjecting sexually violent predators (SVPs), …
Bailey v. Pataki, NY, Memorandum, Involuntary Admittance to Hospitals, 2010 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KENNETH BAILEY, Plaintiff, -againstGEORGE PATAKI, et. al., Defendants. Case No. 08-Civ-8563 (JSR) Memorandum in Law in Support of Plaintiff’s Motions for Preclusion of Prejudicial Evidence and for Bifurcation TABLE OF CONTENTS …
John Henry Knows His Gun, et al. v. Corrections Corp. of America, Crossroads Correctional, MT, settlement, discrimination against Native American prisoners, 2010 GENERAL RELEASE RELEASORS: JOHN HENRY KNOWS HIS GUN, DEE CHANCE WHITE HIP, DARRYL LEWIS FROST, JASON JAY CHIEFSTICK, BRIAN ANTHONY JOHNSTON, EDWARD STAMPER, WILLIAM GOPHER, ALLEN POTTER RELEASEES: …
Article • May 15, 2010 • from PLN May, 2010
Georgia Law Creates Homeless Sex Offender Colony by David Reutter by David M. Reutter Georgia’s sex offender residency restrictions have led some offenders to live in the woods because they have no legal place to stay. Reminiscent of leper colonies, they are forced to camp out on the fringes of …
CA Prisoner Erroneously Validated as Prison Gang Member; Clears His Name, Has Records Expunged, $1.04 Million in Fees Awarded by Michael Brodheim On September 30, 2009, more than 16 years after being incorrectly “validated” as an associate of a violent California prison gang, and after having spent eight years in …
Tennessee Jail Agrees to Pay $5,000 for Withholding Prisoner’s Leg by The Davidson County Sheriff’s Department has agreed to settle a lawsuit brought by a prisoner under the Americans with Disabilities Act (ADA). Jerry Ray Brock was extradited from Columbus, Georgia to Tennessee to begin service of a Tennessee conviction. …
CCA Agrees to Pay $1.3 Million to Settle Sexual Harassment, Retaliation Suit by On October 1, 2009, Corrections Corporation of America (CCA) entered into a consent decree with the Equal Employment Opportunity Commission (EEOC) to settle allegations of sexual harassment and retaliation involving female employees at the company’s Crowley County …
Bivens Case by Disabled Prisoner Against Federal Prison Officials Remanded; Settles for $15,000 by The U.S. Court of Appeals for the Fourth Circuit reversed a grant of summary judgment to federal prison officials in a Bivens case brought by a handicapped prisoner who was unable to take a shower or …
$12,000 Award to Wheelchair-Bound NY Prisoner for Fall off Loading Ramp by A New York Court of Claims awarded a prisoner $12,000 for injuries incurred by a fall off a curb while in a wheelchair. Prisoner Darin Carathers became a paraplegic after sustaining a gun shot wound to the neck …
Article • May 15, 2010 • from PLN May, 2010
Kentucky Supreme Court: Retroactive Application of Sex Offender Residency Restrictions Unconstitutional by On October 1, 2009, the Kentucky Supreme Court held that retroactive application of sex offender residency restrictions violated prohibitions against ex post facto laws in the U.S. and Kentucky constitutions. In 1995, Michael Baker pleaded guilty to third-degree …
Washington DOC Pays $35,000 in Discrimination Suit by In a stipulated judgment filed September 16, 2008, Amy Howard was awarded $35,000 for damages and attorney fees and costs for alleged sexual harassment and racial discrimination. Ms. Howard's attorney, W. Michael Hanbey, PS, of Olympia, originally sought $280,000 for damages inflicted …
$25,000 Federal Jury Award For Racial/Sex Discrimination by TDCJ by On October 9, 2003, a federal jury awarded a former employee of the Texas Department of Criminal Justice (TDCJ) $25,000 in compensation for damages caused by discrimination against her due to her race and gender. Latrice M. Sellers was a …
Article • May 15, 2010
TDCJ Pays $50,000 to Settle Racial Discrimination Suit by Upon receiving notice of right to sue from the Equal Employment Opportunity Commission on July 1, 2002, Texas Department of Criminal Justice (TDCJ) employee Freestone James filed a racial discrimination suit against TDCJ and his immediate supervisor, Michael Traylor. Under the …
Article • May 15, 2010
TDCJ Settles Racial Discrimination Case for $10,000 by In March 2004, the Texas Department of Criminal Justice (TDCJ) settled a racial discrimination suit for $10,000. John Spears was employed as a Food Service Manager III at the Lopez State Jail when he allegedly suffered racial discrimination from his supervisor. He …
Massachusetts DOC Agrees to Pay $15,000 to Settle ADA Suit by On October 24, 2005, the Massachusetts Department of Corrections (DOC) agreed to settle a suit brought by a prisoner under the Americans with Disabilities Act (ADA) for $15,000. Paul Shedlock sued the DOC after staff at MCI Norfolk refused …
California: San Jose Agrees to settle Police Brutality Claim for $97,500 by Michael Brodheim By Michael Brodheim Yet again, San Jose officials have agreed to settle a major civil rights lawsuit arising from the alleged use of excessive police force after a relatively minor offense involving residents from immigrant communities. …
Military Contractors Granted Summary Judgment by On September 11, 2009, Iraqi citizens, Haidar Muhsin Saleh and Ilam Nassir Ibrahim, lost their appeal to the District of Columbia Circuit in regard to lawsuits filed against two private military contractors. The two men represented a group of plaintiffs who alleged they or …
Washington State Not Required to Prove Current Dangerousness for Civil Commitment as Sexually Violent Predator by On October 1, 2009, the en banc Supreme Court of Washington ruled that the state was not required to prove a sex offender would reoffend within the foreseeable future to civilly commit him as …
Utah Sex Offender Registration Injunction Vacated by On August 20, 2009, a Utah federal court lifted the injunction it had previously issued against the Utah sex offender registry requiring registered sex offenders to register their internet names and passwords. John Doe is the pseudonym for a man who was convicted …
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