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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 …
BOP Must Let Prisoners Control Their Outside Assets; Pays $10,500 To Settle Grievances by John Dannenberg by John E. Dannenberg In a convoluted pro per suit, two federal Bureau of Prisons (BOP) prisoners, who had been retaliated against after they grieved the BOP's having infracted them for controlling their legitimately-acquired …
PHS Redux: Sued In A Dozen States, Contract Losses, Stock Plummets, Business Continues by John Dannenberg by John E. Dannenberg Prison Health Services (PHS), a subsidiary of America Service Group, Inc. (ASG), continues to face lawsuits and lose contracts for its deplorable record of prisoner health care gaffes in a …
L.A. County Sheriff Settles Two Jail Excessive Force Suits For $135,000 by Los Angeles (L.A.) County settled two civil rights complaints arising from alleged excessive use of force on prisoners in the L.A. County Jail. In January 2005, Jerry Moreno, a prisoner at the Pitchess Detention Facility (North) was brandishing …
Article • November 15, 2006 • from PLN November, 2006
$6,280,000 Settlement For Illegal California Juvenile Hall Strip Searches by John Dannenberg by John E. Dannenberg On July 10, 2006, the County of Sacramento, California agreed to pay $6,280,000 to the class of juvenile hall detainees who were illegally strip-searched between January 1, 1998 and October 1, 2004 at the …
Sovereign Immunity No Bar to BOP Prisoners' Eighth Amendment Mandamus Suit by The Tenth Circuit Court of Appeals has held that a federal prisoner's mandamus action alleging an Eighth Amendment violation is not barred by the doctrine of sovereign immunity. This action was brought by Bureau of Prisons (BOP) prisoner …
Article • November 15, 2006 • from PLN November, 2006
Wrongly Imprisoned Massachusetts Man Settles Suit Against City For $2,450,000 by On October 14, 2005, the City of Chicopee, Massachusetts, paid $2,450,000 to settle with a man who was falsely convicted of rape and imprisoned for 14 years before DNA evidence exonerated him. Eduardo Velazquez was convicted in 1987 of …
Taser: The "Less Lethal" Weapon with a Fatal Attraction to Prisoners by John Dannenberg Taser: The "Less Lethal" Weapon with a Fatal Attraction to Prisoners by John E. Dannenberg Extensive medical evidence strongly supports the Taser devices will not cause lasting aftereffects or fatality. Taser International literature Tasers, fifty-thousand volt …
Article • October 15, 2006 • from PLN October, 2006
PLNs Publication-Ban Suit Against Kansas DOC Set For Trial On Declaratory And Injunctive Relief by John Dannenberg PLNs Publication-Ban Suit Against Kansas DOC Set For Trial On Declaratory And Injunctive Relief by John E. Dannenberg Seeking to overturn restrictive bans on prisoner receipt of publications in the Kansas Department of …
Article • October 15, 2006 • from PLN October, 2006
Massachusetts Prisoner Awarded $60,000 For Electrical Shock by In March 2005, a jury in Suffolk County, Massachusetts, awarded $60,000 to a state prisoner who was shocked by a faulty light fixture in his cell. As Michael Paolillo arose from a nap to urinate in his prison cell, he placed his …
Article • October 15, 2006 • from PLN October, 2006
Washington Liable for Negligent Parolee Supervision; Bad Jury Instruction Vacates $33 Million Verdic by Washington Liable for Negligent Parolee Supervision; Bad Jury Instruction Vacates $33 Million Verdict; Settles for $6.5 Million In a 6-3 decision, the Washington Supreme Court reaffirmed its earlier holdings that the state may be held liable …
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