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Article • May 15, 2007
Prisoner's Records Request Tolls Statue of Limitations by The Second Circuit Court of Appeals held a statue of limitations is tolled between the period a prisoner requests records and the time he receives them. This 42 U.S.C. §1983 action was dismissed by a Connecticut Federal District Court on statue of …
Article • May 15, 2007
NY Prisoner Awarded $350 After Being Assaulted By His Cell Mate by On July 8, 2003, Arnold Fordham was a prisoner at the Five Pounts Correctional Facility in Romulus, New York. After he refused his cell mate a cigarette, the cell mate assaulted him, causing minor injuries to Fordham's back, …
Article • May 15, 2007
WA Reasonable Doubt Instruction Re-Defined in Prison Escape by Bruce Bennett was convicted in the Clallam County Superior Court of attempted first degree escape from the Clallam Bay Corrections Center. Before the jury began its deliberations, the court gave its instructions. Among them was the comment that the jury must …
FL Country Club Settles For $475,000 With Golf Cart Driver by On August 6, 2002, Joseph Gautette was driving a golf cart at the Cobblestone Country Club in Stuart, Florida. He was injured when he collided with a maintenance vehicle being driven by a prisoner in a work release program. …
Article • May 15, 2007
$98,500 Settlement in Jail Negligence Suit for Prisoner Beating by Darrin Rydberg filed a civil lawsuit in 1997 against the Nassau County Correctional Center (jail) for $3 million in damages, due to the jail's negligence in failing to protect him from being assaulted by another prisoner (Porter) while Rydberg was …
Texas Supreme Court Clarifies Tort Claim Act Notice Requirement by Matthew Clarke by Matthew. T. Clarke The Supreme Court of Texas has held that an accident investigation by a governmental under certain circumstances, suffice for the notice required by the Texas Tort Claims Act, § 101.101, Texas Civil Practice and …
CO Warden Improperly Denied Summary Judgment Because She Had No Control Over Civil Rights Violators by CO Warden Improperly Denied Summary Judgment Because She Had No Control Over Civil Rights Violators Floyd Serna was a prisoner at the Colorado Territorial Correctional Facility when Warden Juanita Novak initiated a prison wide …
Article • May 15, 2007
Dismissal of Minnesota Sex Offender's Search and Seizure Claim Upheld by The U.S. Eighth Circuit Court of Appeals upheld the dismissal of a civilly committed Minnesota prisoner's claim that the search and seizure of his property violated his constitutional rights and state law. While imprisoned at the Moose Lake facility …
Article • May 15, 2007
Failure to Notify Warrants New Parole Hearing for Washington Prisoner by On December 27, 2004, a Washington appeals court granted a prisoner's personal restraint petition in which he alleged that the Sentencing Review Board (SRB) failed to provide him with proper notification of his parole revocation hearing. Rudolph Renfro was …
Article • May 15, 2007
Muslim Head Scarf Lawsuit Dismissed After Prison Policy Change by The United States District Court for the Western District of Wisconsin dismissed a Federal civil rights lawsuit filed by Cynthia Rhouni, the ex- wife of a State prisoner who was forced to remove her head scarf (a part of her …
Wrongful Death Lawsuit Of Prison Teacher Taken Hostage Settled for $1.3 Million by Wrongful Death Lawsuit Of Prison Teacher Taken Hostage Settled for $1.3 Million Kevin Taylor, husband and Administrator of his deceased wife Beverly's estate, a former teacher at the Southern Ohio Correctional Facility, settled a State Court civil …
Article • May 15, 2007
State Seizes Child Of Sex Offender Father/Drug Abuser Mother by The United States District Court for the Middle District of Pennsylvania dismissed a Federal civil rights complaint filed by Melissa Wolfhawk against Schuylkill County Children and Youth Services for seizure of her newborn child. Wolfhawk claimed that the agency violated …
Article • May 15, 2007
BOP Early Release Withdrawal Arbitrary And Capricious; Release Ordered by By Bob Williams The United States District Court for the Northern District of California has ordered early release for a Bureau of Prisons (BOP) prisoner who successfully completed a 500-hour drug addiction program. The Court found the withdrawal of a …
Pilot Light Burn Nets NY Prisoner $225 by A New York State court of claims judge found the New York Department of Correctional Services (DCS) negligent in training and supervising a prisoner who sustained first-degree burns. The court awarded only $225 for past pain and suffering. On July 15, 1999, …
$98,500 Settlement In Jail Negligence Suit-Prisoner Beating by Darrin Rydberg, filed a civil law suit in 1997, against the Nassau County Correctional Center (jail), for 3 million dollars in damages for the jail's negligence in failing to protect him from being assaulted by another prisoner (Porter), while Rydberg was incarcerated …
$130,000 Settlement in Former Prison Employee Harassment Suit by In 1999, Thomas G. Bailor, filed a law suit against the Delaware Correctional Center (DCC), after he was forced to quit his job as an internal affairs investigator, for filing a report accusing prison guards of misconduct. Bailor, was investigating charges …
Article • May 15, 2007
NY Prisoner Awarded $150 for Wrongful SHU Placement by A New York state court of claims found that a prisoner wrongfully confined in a special housing unit (SHU) for two weeks and awarded him $150. On January 17, 2000, New York Department of Correctional Services (DCS) prisoner Anthony Amaker was …
Article • May 15, 2007
Texas Prisoners Still Have Limited Right to Appear in Civil Cases by A Texas state court of appeals has ruled that Texas prisoners continue to retain a limited right of appearance in civil cases after the Texas Supreme Court's decision in In re Z.L.T., and a district court cannot dismiss …
Article • May 15, 2007
WA Agencies Liable For Fees & Penalties To Parties Who Prevail Against Them In PDA Cases by WA Agencies Liable For Fees & Penalties To Parties Who Prevail Against Them In PDA Cases On June 22, 2001, a reporter named Tim Connor sued the city of Spokane, Washington for withholding …
Article • May 15, 2007
7th Circuit Holds $60,000 Illinois Strip Search Award Not Excessive by On Nov. 29, 1983, the U.S. Seventh Circuit Court of Appeals held that a strip-search claimant's $60,000 jury award against the City of Chicago was not excessive even though it was larger than awards in similar cases. Four female …
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