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Minnesota Supreme Court Says Randy Guard Must Face Prisoner’s Sexual Harassment and Assault Claims by The Supreme Court of Minnesota held on June 20, 2024, that a state Department of Corrections (DOC) prisoner plausibly stated a claim under the Minnesota Tort Claims Act (TCA) when he alleged that a guard …
Article • February 1, 2022 • from PLN February, 2022
Fifth Circuit Reinstates Federal Prisoner’s Tort Claim Against BOP Officials by Keith Sanders by Keith Sanders The U.S. Court of Appeals for the Fifth Circuit held on August 23, 2021, that a district court erred in dismissing a former federal prisoner’s intentional tort claims. The former prisoner, Bryan Kerr Dickson, …
Article • November 1, 2021 • from PLN November, 2021
Second Circuit Reversed Dismissal of Former BOP Prisoner’s FTCA Claim Against Dentist by David Reutter by David M. Reutter The Second Circuit Court of Appeals reversed the dismissal of a former federal prisoner’s complaint brought pursuant to the Federal Tort Claims Act (FTCA). The court concluded that a state rule …
Article • November 1, 2021 • from PLN November, 2021
Eleventh Circuit Upholds Immunity of Federal Prison Guards Under FTCA, Even for Blatant Unconstitutional Acts by Dale Chappell by Dale Chappell In a move that surprised few, the U.S. Court of Appeals for the Eleventh Circuit went against the grain of almost every other court and held on June 9, …
Headdress v. USA, MT, Settlement, Failure to Protect, 2021 JOHN M. NEWMAN Assistant U.S. Attorney U.S. Attorney’s Office P.O. Box 8329 Missoula, MT 59807 105 E. Pine, 2nd Floor Missoula, MT 59802 Phone: (406) 829-3336 FAX: (406) 542-1476 Email: john.newman@usdoj.gov VICTORIA L. FRANCIS Assistant U.S. Attorney U.S. Attorney’s Office 2601 …
Herrera v. United States, et al., NY, complaint, sexual abuse of female prisoners, 2020 Case 1:20-cv-10206 Document 1 Filed 12/04/20 Page 1 of 50 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK KARILIE HERRERA, FRANCHESCA MORALES, and CAROLYN RICHARDSON, Plaintiffs, -againstUNITED STATES OF AMERICA, COLIN AKPARANTA, NORMAN …
Article • May 5, 2020
Third Circuit Upholds Federal False Liens Conviction and 48-Month Sentence by Mark Wilson by Mark Wilson  The United States Court of Appeals for the Third Circuit affirmed a Pennsylvania man’s federal false liens convictions. The court concluded that 18 USC § 1521 is not unconstitutionally vague and overbroad, and the …
Headdress v. USA, MT, Complaint, Failure to Protect, 2020 Case 4:20-cv-00036-BMM Document 1 Filed 04/20/20 Page 1 of 7 1 2 3 4 5 6 7 Timothy M. Bechtold BECHTOLD LAW FIRM, PLLC 317 East Spruce Street P.O. Box 7051 Missoula, MT 59807-7051 406-721-1435 tim@bechtoldlaw.net Attorney for Plaintiffs 8 IN …
Article • April 1, 2020 • from PLN April, 2020
Sixth Circuit Holds Ohio Rule Requiring Merit Affidavit Inapplicable in BOP Prisoner’s Tort Action by Matthew Clarke by Matt Clarke On November 7, 2019, the Sixth Circuit Court of Appeals held that an Ohio rule requiring a person alleging medical negligence to include a medical professional’s affidavit stating the claim …
Court Holds Federal Tort Claim Against BOP Can Proceed in MCC Beating Death by Kevin Bliss by Kevin Bliss The United States Southern DistrictCourt of New York ruled that Nicole Morrison could proceed with her claim against the U.S. for its negligence in the death of Roberto Grant while in …
Wells v. Cascade County, MT, Demand Letter, Wrongful Death, 2019 2702 Montana Ave., Suite 201B P.O. Box 2359 Billings, MT 59103 Phone: (406) 969-3100 Email: colin@gerstnerlawoffice.com June 7, 2019 SENT VIA EMAIL Tanis Holm Counsel for Planned Parenthood of Montana THolm@yellowstonelaw.com Carrie Ann Haight Cascade County Attorney’s Office chaight@cascadecountymt.gov William …
Casias v. New Mexico DOC, NM, Jury Verdict, Prisoners Left in Hot Van, 2019 Case 1:16-cv-00056-JMC-SCY Document 221 Filed 04/04/19 Page 1 of 9 Case 1:16-cv-00056-JMC-SCY Document 221 Filed 04/04/19 Page 2 of 9 Case 1:16-cv-00056-JMC-SCY Document 221 Filed 04/04/19 Page 3 of 9 Case 1:16-cv-00056-JMC-SCY Document 221 Filed 04/04/19 …
Plascencia v. United States of America, ICE, CA, settlement, wrongful detention, 2018 Case 5:17-cv-02515-JGB-SP Document 93 Filed 10/24/18 Page 1 of 4 Page ID #:525 Case 5:17-cv-02515-JGB-SP Document 93 Filed 10/24/18 Page 2 of 4 Page ID #:526 Case 5:17-cv-02515-JGB-SP Document 93 Filed 10/24/18 Page 3 of 4 Page ID …
Brief • October 17, 2018
Coley v. City of Simi Valley, CA, Settlement, Wrongful Conviction, 2018 THE UNDERSIGNED PARTIES HAVE READ THE FOREGOING AND FULLY UNDERSTAND AND AGREE TO THE TERMS SET FORTH ABOVE. Dated:_______________ By: Craig Coley Dated:_______________ By: On Behalf of CITY OF SIMI VALLEY APPROVED AS TO FORM AND CONTENT: Dated:_______________ Kaye, …
Gatewood v. Lancaster County, PA, Amended Complaint, Excessive Force, 2018 Case 5:18-cv-01059-HSP Document 26 Filed 09/17/18 Page 1 of 15 JEFFREY PHILIP PAUL, ESQUIRE 124 E. Chestnut Street Lancaster, PA 17602 Telephone: (717) 735-7545 Fax: (717) 735-7548.. Attorney l.O: No.: 10182 IN-THE UNITED STATES"'DISTRICT COURT FOR THE EASTERN DISTRICT OFPENNSYLVANIA …
Jury Awards Federal Prisoner $675,000 in Retaliation, Excessive Force Bivens Case by Jeremy Pinson by Jeremy Pinson Following a trial in April 2017 in a Los Angeles, California federal courtroom, a jury awarded $675,000 to prisoner James M. Jerra in a case that included excessive force and retaliation Bivens claims. …
FTCA Claims Survive; PREA Policy Defeats Discretionary Function Exception by Jeremy Pinson by Jeremy Pinson While confined at the U.S. Penitentiary in Pollock, Louisiana, federal prisoner Rashod L. James filed suit under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680, against the United States and several prison employees – …
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