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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 ...
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 ...
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, ...
Article • September 1, 2017
Media Companies Denied Damages and Fees in Public Records Litigation by Christopher Zoukis by Christopher Zoukis Five media companies, including The Associated Press, were denied statutory damages and attorney's fees in an unsuccessful public records request filed in Cincinnati, Ohio. The suit, filed over a body-camera video from a police ...
Article • September 1, 2017
Eighth Circuit: Pepper Spraying Prisoner's Genitals Not Excessive Force by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eighth Circuit has affirmed a district court's finding that a Missouri prison guard did not use excessive force when he pepper sprayed a prisoner four times, including ...
Article • September 1, 2017
Federal Judge: Chicago Guilty of 'Bad Faith' for Refusing to Provide Documents in Police Shooting Case, Cites Ongoing Pattern of Conduct by City by Lonnie Burton by Lonnie Burton In a sternly-worded 24-page order dated January 3, 2017, U.S. District Judge Joan B. Gottschall of the U.S. District Court for ...
Milwaukee County Sheriff David Clarke’s Jail Under Fire for Deaths, Civil Rights Abuses by Christopher Zoukis by Christopher Zoukis At least four people, including a newborn, have died in Wisconsin’s Milwaukee County Jail since April 2016. The facility, run by Sheriff David A. Clarke, Jr., houses about 950 detainees daily. ...
Article • August 30, 2017 • from PLN September, 2017
Abuses at Louisiana Jail Investigated, Ten Deputies Plead Guilty by David Reutter by David M. Reutter A federal investigation into the abuse of pretrial detainees at Louisiana’s Iberia Parish Jail resulted in guilty pleas by ten sheriff’s deputies. A trial is pending for an 11th deputy who did not plead ...
Article • August 30, 2017 • from PLN September, 2017
With General Inch in Charge, We Can Expect Further Militarization of the Prison System by Brian Dolinar by Brian Dolinar, Truthout The appointment of retired Army General Mark S. Inch to head the federal Bureau of Prisons (BOP) is a major blow to those working for prison reform under Trump. ...
Article • August 22, 2017
Ninth Circuit Upholds Convictions of Seven L.A. Sheriff's Deputies for Obstructing FBI Agents, Grand Jury by In a decision filed August 4, 2016, the Ninth Circuit U.S. Court of Appeals affirmed the convictions of seven Los Angeles County sheriff's deputies who obstructed an FBI and grand jury investigation into civil ...
Article • August 4, 2017
Filed under: Transportation, Restraints
$500,000 Settlement for Shackled IL Man Thrown from County Jail Transport Van by Joe Watson by Joe Watson A man who was shackled, handcuffed, and in custody when he was thrown out of a moving, Jefferson County, Illinois transport van was awarded $500,000 in July 2008 after his estate settled ...
Article • August 4, 2017
$255,000 Jury Award for Man Beaten by IL Jail Guards After Judge Grants Remittitur by Joe Watson by Joe Watson Donald Martin, Jr., had been awarded $780,000 in compensatory and punitive damages by a federal jury in July 2008 after he’d sued Cook County, Ill., Sheriff Michael Sheahan and the ...
Article • August 4, 2017
$3,000 Settlement for NY Prisoner Assaulted, Harassed by Guards by Joe Watson by Joe Watson Michael Modlenaar, a former prisoner at the Upstate Correctional Facility in Malone, N.Y. settled a 42 U.S.C.S. § 1983 complaint in August 2008 for $3,000 after alleging that multiple prison guards had beaten, harassed and ...
Article • August 4, 2017
$2,500 Settlement for Chicago Man Injured by Tight Shackles by Joe Watson by Joe Watson Markus Durden-Bey accepted a $2,500 settlement from the City of Chicago in July 2008 after alleging that, during his arrest by Chicago Police for drug possession on Feb. 20, 2007, he suffered numbness, swelling, and ...
Holland v. County of San Luis Obispo, CA, Settlement, Restraints Blood Clot, 2017 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Settlement Agreement") is made by and between: "Plaintiffs:" Sharon Holland and Carty Holland, individually and in their capacity as Successors in Interest to Andrew Holland and representatives ...
Article • July 31, 2017
$10,000 Awarded to SC Man Kicked in the Mouth By Sheriff’s Deputy by Joe Watson by Joe Watson Robert Barnes saved a York County, S.C. sheriff’s deputy from facing criminal assault and battery charges by settling prior to trial in July 2008 for $10,000 for injuries he sustained when the ...
Article • July 28, 2017 • from PLN August, 2017
Fourth Circuit Clarifies Rights of Pretrial Detainees; $35,000 Settlement on Remand by Christopher Zoukis by Christopher Zoukis The Fourth Circuit Court of Appeals released an important decision concerning the rights of pretrial detainees on November 7, 2016. The case involved allegations of unconstitutional conduct by authorities at the New Hanover ...
Article • July 28, 2017 • from PLN August, 2017
Illinois: Prison Guards Sued for Fatally Beating, Suffocating Prisoner by Lonnie Burton by Lonnie Burton On October 4, 2015, Illinois State prison guards identified only as officers Boland, Bufford and Deal beat prisoner Terrance Jenkins to death at the Pontiac Correctional Center while he was restrained, and suffocated him by ...
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