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Article • April 1, 2017 • from PLN April, 2017
New York: Contraband Convictions Vacated After Guard Admits Planting Weapon by On January 17, 2017, Cayuga County Court Judge Mark H. Fandrich set aside the convictions of two New York state prisoners serving additional time on contraband charges. Naythen Aubain and Donnesia Brown had both been sentenced to two to ...
Kentucky Prisoners Entitled to Review of Audio Recordings at Disciplinary Hearing by A Kentucky Court of Appeals held on February 26, 2016 that prisoners have a due process right to request the review of audio recordings at a prison disciplinary hearing. Proceeding pro se, Kentucky state prisoner Sammy F. Mobley, ...
Article • January 12, 2015
Dismissal of Arkansas Prisoner’s Suit over False Disciplinary Action Affirmed by Dismissal of Arkansas Prisoner’s Suit over False Disciplinary Action Affirmed On May 1, 2014, the Supreme Court of Arkansas affirmed a lower court's decision to dismiss a lawsuit filed by a state prisoner alleging that he was issued a ...
Seventh Circuit Reverses Dismissal of Wisconsin Retaliation Suit by The Seventh Circuit Court of Appeals has held that a Wisconsin federal district court improperly dismissed a prisoner’s civil rights claim of retaliation for filing grievances because a prison disciplinary board found the prisoner was lying when filing his grievances. Wisconsin ...
New York Federal Court Finds Victim's Hearsay Accusation Insufficient in Prison Disciplinary Case; Suit Settles for $67,000 by Matthew Clarke by Matt Clarke A New York federal District Court has held that prison officials were liable for convicting a prisoner in a disciplinary proceeding based solely on a victim's uncorroborated ...
California Guard Fights Prisoner, Faces Charges for Falsifying Reports by A California prison guard who challenged a prisoner to a fight, then engaged in a cover-up to avoid getting in trouble, is now facing criminal charges for filing false reports. In April 2012, state prison guard Christopher Cruse, 41, pleaded ...
Tennessee DOC Accused of Covering Up Violent Incidents by Alex Friedmann As previously reported in Prison Legal News, the Tennessee Department of Correction (TDOC) has been experiencing higher levels of prisoner-on-prisoner and prisoner-on-staff violence since Commissioner Derrick Schofield was appointed in January 2011. The increased violence coincides with a number ...
Florida Prisoner’s Retaliation Claim Reinstated by The Eleventh Circuit Court of Appeals reversed the dismissal of a Florida prisoner’s civil rights action alleging retaliation and due process violations. The Florida federal district court dismissed the action during the initial screening state, finding that prisoner Glenn Smith failed to state a ...
Former Federal Prisoner Seeks Almost $280,000 in Attorney Fees from BOP by In an unusual case, Nicole Michelle Defontes is seeking nearly $280,000 in “attorney’s fees, expert fees, and costs to challenge the Bureau of Prisons’ (BOP) violations of its own rules and regulations,” according to a motion filed in ...
TDCJ Releases Hold on Prisoner's Trust Fund Account by In August, 2006, Texas prisoner, Michael Gene David, signed a settlement agreement dismissing all claims in a lawsuit he filed pursuant to 42 U.S.C. § 1983 against TDCJ employee, Howard Hill, for retaliation and harassment. Represented by attorney Andrew Lehrman of ...
Kentucky Guards Sentenced to Federal Prison in Detainee Abuse Prosecution by A Kentucky federal court has sentenced five guards from the Fayette County Detention Center (FCDC) who were prosecuted in connection with systematic abuse of prisoners at the facility. FCDC Sgt. John McQueen, 33, and Cpl. Clarence McCoy, 31, were ...
$50,000 Settlement in Suit Alleging CCA Counsel Falsified Court Documents by The District of Columbia paid $50,000 to settle a lawsuit by prisoner George Carter that claimed Corrections Corporation of America (CCA) counsel falsified court orders in his habeas corpus proceeding. While at D.C.’s Central Treatment Facility (CTF) Carter was, ...
Failed Extortion Scheme Led to Washington Prisoner’s Suicide Attempt, Lawsuit Says by David Reutter by David M. Reutter According to a suit filed on behalf of a Washington state prisoner who attempted to commit suicide, a guard at the McNeil Island Corrections Center retaliated against prisoners who failed to pay ...
New York City Jail Settles Excessive Force Suit for $62,001 by On August 11, 2009, the City of New York agreed to settle a 42 U.S.C. § 1983 suit brought by a former prisoner who alleged that he was beaten without provocation by guards at the George Motchan Detention Center. ...
Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur by John E Dannenberg by John E. Dannenberg A pro se Pennsylvania state prisoner won a jury verdict of $5,000 in compensatory damages plus $100,000 in punitive damages against a prison official who openly and repeatedly retaliated against him after he ...
First Circuit Awards Defendant Costs Under FRCP 68; Plaintiff Rejected $10,000 Offer, Was Awarded $5,500 by Mark Wilson First Circuit Awards Defendant Costs Under FRCP 68; Plaintiff Rejected ?$10,000 Offer, Was Awarded $5,500 by Mark Wilson The First Circuit Court of Appeals has awarded a defendant costs under Federal Rule ...
Court Denies Michigan Prison Officials Summary Judgment In Discrimination Suit by David M. Lawson, U.S. District Judge, has denied summary judgment to Michigan prison officials in a suit alleging racial discrimination in the termination of a visit by an interracial couple. Gordon Butter, a black prisoner in the Michigan Department ...
WA Court Denies Petition Challenging Refusal to Review Confidential Information in Disciplinary Hearing by The Washington State Court of Appeals, Division II, has denied a personal restraint petition (PRP) that claimed a prisoner’s due process rights were violated when the Department of Corrections (DOC) refused his requests to review confidential ...
More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case by More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case Three prisoners involved in two federal civil rights lawsuits against officials of the Hillsborough County House of Corrections in New Hampshire (the jail) were awarded ...
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