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Article • December 14, 2017
Florida Prisoner Awarded $70,000 in Excessive Force Claim by A Florida federal jury awarded $70,000 to a prisoner in a civil rights action alleging excessive force and failure to intervene to stop the beating. In the first few weeks he was at the South Florida Reception Center, prisoner Abdelaziz Bilal ...
Article • December 13, 2017
Prisoner Settles Conditions of Confinement, Excessive Force Lawsuit with Nevada County Jail by In October 2015, Washoe County officials and a former jail prisoner settled a lawsuit which had alleged numerous constitutional violations, including unlawful conditions of confinement, use of excessive force, medical indifference, and due process violations. The amount ...
Article • December 13, 2017
Filed under: Excessive Force
Use of Force Authorized to Extract DNA Sample from Prisoner; Conviction for Refusal to Comply Upheld: CT Supreme Court by On July 15, 2016, the Supreme Court of Connecticut upheld the conviction of a prisoner who was charged with refusing to submit a DNA sample. The court also found that ...
Article • December 11, 2017
BOP Prison Guard's 30 Day Suspension for Biting Inmate Reversed in Arbitration by Christopher Zoukis By Christopher Zoukis The 30-day suspension of Kenneth O. Davis for biting a prisoner was overturned by federal arbitrator Michael L. Allen on December 12, 2002. Davis, a senior officer specialist (prison guard), was working ...
Article • December 11, 2017
Texas Prison Guards' Union Chief Decries Indoor Use of Gas Gun by Matthew Clarke By Matt Clarke Lance Lowry, a Texas prison guard and the head of the Huntsville local of the union representing the most prison guards in Texas, said a prison supervisor who fired a gas gun at ...
Article • December 7, 2017
Illinois Prisoner Granted Transfer in Injunctive Relief in Extremely Rare Ruling by David Reutter by David Reutter The U.S. Southern District Court of Illinois granted a preliminary injunction for prisoner Calvin Mitchell as failed against Correctional Officer Stephen Baker and Warden Kim Butler. The order required that Mitchell be transferred ...
Article • December 1, 2017
$45,000 Jury Award For Injuries Caused By Georgia Prison CERT Team by Christopher Zoukis By Christopher Zoukis A jury awarded $45,000 in damages against four Georgia state prison Community Emergency Response Team (CERT) members on June 12, 2013. Ammon Ra Sumrall was imprisoned at the Autry State Prison October 27, ...
Article • December 1, 2017
California Attorney Invoices Not Categorically Exempt from PRA Disclosure by Mark Wilson by Mark Wilson The California Supreme Court held that legal billing statements in closed cases are not categorically exempt from disclosure under California’s Public Records Act (PRA). Modeled after the federal Freedom of Information Act (FOIA), the California ...
Article • November 28, 2017
Court Finds Treatment of South Carolina’s Mentally Ill Prisoners Unconstitutional by David Reutter by David Reutter In finding the treatment of South Carolina’s prisoners with “serious mental illness” is unconstitutional Judge J. Michael Baxley said that the case is “the most troubling” of those he has seen in more than ...
Brief • November 14, 2017
Evans v. Plumber, OH, Settlement, Jail Assault, 2017 17 -vc"31( RESOLUTION NO. 17-1536 NOVEMBER 14, 2017 RESOLUTION AUTHORIZING PAYMENT BY WARRANT TO EMILY J. EVANS AND HER ATTORNEYS PICKREL SCHAEFFER & EBELING, CO., LPA IN THE AMOUNT OF $380,000. FUNDING SOURCE: OCA 611510, OBJECT 7692, FUND 680, SUBFUND 200 WHEREAS, ...
Article • November 7, 2017 • from PLN November, 2017
Washington State Pays $6.5 million to Family of Diabetic Prisoner Who Died by In April 2015, a jury in Spokane, Washington awarded $8 million to the family of a 57-year-old prisoner described as a “brittle diabetic” who was allowed to die when state prison guards, rather than seeking medical attention, ...
Eighth Circuit: Restraint Board Order Entitled to Qualified Immunity by The United States Court of Appeals for the Eighth Circuit reversed a lower court’s denial of qualified immunity to a guard who ordered a prisoner confined to a restraint board for more than three hours. Minnesota prisoner Ronnie Jackson has ...
Article • October 10, 2017 • from PLN October, 2017
Second Circuit: Ross Abrogates “Special Circumstances” Exhaustion Exception by The Court of Appeals for the Second Circuit reversed the non-exhaustion dismissal of a New York prisoner’s excessive force suit. Applying Ross v. Blake, 136 S.Ct. 1850 (2016) [PLN, July 2016, p.22], the appellate court held that no administrative remedies were ...
Article • October 10, 2017 • from PLN October, 2017
Seventh Circuit Upholds Jury Award for Illinois Prisoner Beaten by Guards by Derek Gilna by Derek Gilna Charles Murphy, an Illinois state prisoner housed at the Vandalia Correctional Center, raised the ire of several guards on July 25, 2011 when he refused to eat at a dining hall table and ...
Article • October 10, 2017 • from PLN October, 2017
$200,000 Settlement for Restraint of Pregnant Prisoner after Ninth Circuit Vacates Summary Judgment by The Ninth Circuit vacated a summary judgment order in favor of Arizona jail officials in a case that involved a pregnant prisoner who was restrained while she was in labor and after she gave birth. Miriam ...
Woodruff v. County of Sussex, NJ, Settlement, Jail Assault, 2017 GENERAL RELEASE THIS RELEASE (hereafter "Agreement") is made between Robert Woodruff ("Plaintiff'') and the County of Sussex, Michael F. Strada, Homer Wanamaker, and Leslie Port ("Defendants") (referred to collectively as the "Parties"). 1. Payment. Within thirty (30) business days of ...
Brief • October 3, 2017
Dumas v. Chappell, OH, Settlement, Restraint Chair Punch, 2017 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS THIS SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS, entered into this 31st day of October, 2017, by and between LUCILLE DUMAS and MADELINE CHAPPELL, CRAIG MUROWSKY, DELONTE BROWN, CHERYL MOTT, MACARTHUR WILLIAMS, and CUYAHOGA ...
Article • September 6, 2017
City of New York Settles Police Beating Case for $614,500 by Christopher Zoukis by Christopher Zoukis The City of New York and two NYPD officers have settled a lawsuit alleging multiple beatings at the hands of officers. Jateik Reed, William Reid and Trevor Nigel alleged that they were improperly stopped ...
Brief • September 4, 2017
Conner v. Placer County, CA, Complaint, Jail Assault, 2017 Case 2:17-cv-01830-TLN-DB Document 1 Filed 09/04/17 Page 1 of 23 1 2 3 4 Patrick H. Dwyer, SBN 137743 P.O. Box 1705 Penn Valley, CA 95946 Tel: (530) 432-5407; Fax: (530) 432-9122 Email: pdwyer@pdwyerlaw.com Attorney for Plaintiff Derek Conner 5 IN ...
Article • September 1, 2017
Filed under: Shootings
Maryland Court of Special Appeals Upholds $200,000 Award for Police Shooting of Dog by Christopher Zoukis by Christopher Zoukis The Maryland Court of Special Appeals has affirmed a damages award against a Franklin County Sheriff Deputy who shot a family dog while attempting to serve an arrest warrant. The deputy, ...
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