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Article • May 15, 2007
Kosher Diet and Jewish Beard Requirement States Claim by A federal district court in New York denied prison official's motion to dismiss a Jewish New York state prisoner's complaint alleging violation of his right to freely practice his religion. The court held that requiring the prisoner to maintain a beard …
Article • May 15, 2007
Partial Amputation Defeats Summary Judgment by A Georgia federal district court has denied summary judgment to a doctor who treated a pre-trial detainee, holding the disputed facts merit resolution by a jury. Kenneth J. Seals asserted a state law claim of medical malpractice and Eighth Amendment violations for cruel and …
SAMs Valid, Requiring Defense Attorneys' Affirmation Invalid by A U.S. District Court held that Special Administrative Measures (SAMs) were valid as to the detention of a pretrial detainee, but defense attorneys need not give affirmation as to their acknowledgment of the SAMs. 28 C.F.R. §501.3(a) (Prevention of acts of violence …
Article • May 15, 2007
$350 Awarded New York Prisoner for Assault by A New York Court of Claims has awarded Five Points Correctional Facility prisoner Arnold Fordham $350.00 for injuries he received from an assault by his cellmate. Fordham's suit alleged prison officials were aware of the threat his cellmate raised and failed to …
Article • May 15, 2007
$210,000 Awarded Indiana Guard for Retaliation by Supervisors by An Indiana federal jury awarded guard Nancy Spiegla $210,000 in a lawsuit alleging retaliation for her protected speech rights. Spiegla had worked at Indiana's Westville Correctional Facility since 1985. She was known as a stickler for applying rules, and for years …
WA Prisoners' Conviction Reversed Due To Prosecutorial Misconduct And A Biased Juror by WA Prisoners' Conviction Reversed Due To Prosecutorial Misconduct And A Biased Juror The Washington State Court of Appeals, Division 1, held that Daniel Gonzales, was denied the right to a fair trial due to the fact that …
Article • May 15, 2007
No Attorney Fee Award After Timely Offer Of Settlement by The U.S. Supreme Court held that Illinois police officers who had made a timely settlement offer before trial were not responsible for attorney fees incurred by Respondent after the offer. Respondent brought action under 42 U.S.C. § 1983 and state …
$35,000 Verdict Upheld in North Carolina Fire Hosing, Gassing, and Beatings; Supervisors Liable by $35,000 Verdict Upheld in North Carolina Fire Hosing, Gassing, and Beatings; Supervisors Liable The Fourth Circuit Court of Appeals upheld a jury award against guards and prison administrators for the use of water hoses, billy clubs, …
Alabama Segregation Mail Ban, Conditions, Unconstitutional by The Fifth Circuit Court of Appeals held that conditions of segregation and prohibitions of mail receipt by segregation prisoners at the Holman Unit of the Alabama State Penitentiary were unconstitutional. This appeal was consolidated to include several actions filed by prisoners alleging unconstitutional …
Attorney Fees Awarded to Counsel That Withdrew Prior to Trial; Beating Damage Award Upheld by Attorney Fees Awarded to Counsel That Withdrew Prior to Trial; Beating Damage Award Upheld The Third Circuit Court of Appeals held a prevailing plaintiff is entitled to the award of attorney fees for services that …
Article • May 15, 2007
BOP Regulation Barring Prisoner Reporters Constitutional; Ruling Later Vacated by A California federal district court held that a federal prison regulation that prohibits a prisoner from acting as a newspaper reporter does not violate the First Amendment, and the newspaper is not affected by the regulation. This action was filed …
Article • May 15, 2007
Collect Only Telephone Calls to Attorneys Denies Access to Counsel by The California First District Court of Appeal has held that pre-trial detainee's have a right to a direct line telephone to the public defender's office (PDO). The Court found that a newly installed collect-only phone system denied jail prisoners …
D.C. Prisoner Death Suit Verdict of $1,030,002 Excessive by The District of Columbia Court of Appeals affirmed a district court's order holding a jury's award excessive. The jury entered verdicts against the District of Columbia, for negligence with an award of $1 under the Wrongful Death Suit Act (WDSA) claim, …
Arizona: Failure to Provide Hearing Aid States Claim Under ADA, RA by In this unpublished decision dated January 16, 2003, the Arizona Court of Appeals, Division One, held that a prisoner's assertion, that the Arizona Department of Corrections (ADOC) failed to timely provide him with hearing aids, stated a prima …
California: Guard Hit by Contractor Awarded $405,242 for Knee Injury by On December 22, 2000, a California superior court awarded a prison guard $405,242 for a knee injury he sustained when he was hit by a prison contractor's vehicle. On February 4, 1999, plaintiff Steven Churchill was working as a …
Article • May 15, 2007
California Man Awarded $55,000 for False Arrest by On October 25, 2002, a California jury awarded $55,000 to a man who was falsely arrested by the Los Angeles County Sheriff's Department and held in jail for approximately 4 1/2 days before being released. Plaintiff Roger Brass was arrested on the …
Colorado COA Reverses Dismissal Of Individual's State Law, § 1983 Claims by Colorado COA Reverses Dismissal Of Individual's State Law, § 1983 Claims The Colorado Court of Appeals reversed the dismissal of a man's state law and § 1983 claims against the Sheriff of Arapahoe County and four deputies for …
Article • May 15, 2007
Filed under: Medical, Hepatitis
Dismissal of HCV Claim Affirmed by The U.S. Sixth Circuit Court of Appeals affirmed the grant of summary judgment to defendant prison officials by the U.S. District Court, Eastern District of Kentucky in a case involving treatment for Hepatitis C Virus (HCV). Kentucky prisoner David Johnson sued Kentucky prison officials …
Texas: State Court Erred In Dismissing Prisoner's Federal Claims by The Texas Supreme Court held that it was error for a state district court to dismiss for lack of jurisdiction a prisoner's federal claim against prison guards. Dan Thomas, a Texas state prisoner, was allegedly injured during transfer to another …
Article • May 15, 2007
San Mateo, California Jail Strip Search Plaintiffs Win Class Certification by The U.S.D.C. (N.D. Cal.) granted plaintiff's F.R.Civ.P. Rule 23 motion for class certification of her civil rights action against San Mateo County, California for the class of strip searched pre-arraignment jail detainees between February 3, 2002 and December 2, …
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