Rosalie Hanstad was pulled over by a Washington State trooper for speeding
and was subsequently arrested on a probation warrant. She filed suit under
42 U.S.C. § 1983 in state court and a tort complaint for intentional and
emotional distress and false and illegal arrest for community corrections
officer Dennis Wheeler's "failure to have the warrant quashed dated back
more than a year, during which time he knowingly allowed the warrant to
remain active, despite knowing there was no lawful basis for the warrant,"
and having a duty to quash the warrant. As a result of the arrest, Hanstad
spent five days in jail. On September 10, 2002, Hanstad agreed to settle
the claim for $5,000. She was represented by L. Michael Golden of the law
firm of Monte Hester in Tacoma. See: Hanstad v. State of Washington, Pierce
County Superior Court, Case No. 02-2-06569-0.
Raymond Stokes' early release date was calculated as July 28, 1998.
However, due to his status as a disabled person, DOC officials at the
Clallam Bay Corrections Center, in Clallam Bay, Washington, refused to
credit Mr. Stokes with the good time he was entitled to and he was forced
to ...
In February 1993, Jaramie Womack committed a burglary in Wyoming. In July
of that same year, Mr. Womack committed a robbery in Washington. He was
sentenced to 3 to 6 years for the Wyoming offense and was extradited to
Washington, where he received a 42 month sentence for the robbery ...
On May 1, 1995, John Lizee was arrested for a community supervision
violation by his community corrections officer and confined at the Airway
Heights Corrections Center, in Spokane, Washington, until May 4, 1995. Mr.
Lizee's arrest and confinement was based on a faulty interpretation of a
urinalysis drug test, which ...
On August 5, 1981, Joel Perry was sentenced to concurrent terms of 5 and
10 years in prison for various felonies. These terms of confinement were
suspended, and Mr. Perry was placed on probation. Mr. Perry's suspended
sentence was revoked and he was sent to the Department of Corrections
("DOC") ...
On May 8, 1992, Raymond Mullins was sentenced to one year of community
placement for a felony conviction and to one year of probation for a
misdemeanor conviction. These sentences were imposed concurrently.
On July 30, 1992, Mr. Mullins' probation was revoked and he was ordered to
serve the balance ...
Robert Bergen was serving a ten-year prison sentence for assault and
indecent liberties. His good time release date was scheduled as February
18, 1981. Five months prior to this date, Mr. Bergen received a prison
disciplinary infraction. He was found not guilty of the charge, but this
disposition was not ...
The U.S. Supreme Court held that the use of psychological pressure did not
violate U.S. statutes prohibiting involuntary servitude. After two mentally
retarded individuals were found laboring on a farm for up to 17 hours a day
with no pay due to threats and actual physical abuse and psychological
coercion, Respondents, owners of the farm, were charged with violations of
18 U.S.C. § 241, "conspiring to prevent the men from exercising their
Thirteenth Amendment right to be free from involuntary servitude" and 18
U.S.C. § 1584 "by knowingly holding the men in involuntary servitude. At
trial in federal district court, the jury was instructed that under both
statutes "involuntary servitude may include situations involving any 'means
of compulsion..., sufficient in kind and degree, to subject a person having
the same general station in life as the alleged victims to believe they had
no reasonable means of escape and no choice except to remain in the service
of the employer.'" Respondents were found guilty and sentences imposed. The
U.S. Court of Appeals for the Sixth Circuit, United States v. Kominski, 821
F.2d 1186 (1987), reversed and remanded. The U.S. Supreme Court held: 1)
The necessary definition of involuntary servitude encompasses those ...
The U.S. Court of Appeals for the Sixth Circuit held that several factors
were necessary to create a state of "involuntary servitude" and that expert
testimony had not been shown to be scientifically-recognized. After two
mentally retarded men were found laboring on a farm for up to 17 hours a
day with no pay due to threats and actual physical abuse and psychological
coercion, defendants, owners of the farm, were charged with violations of
18 U.S.C. § 241 "conspiring to prevent the men from exercising their
Thirteenth Amendment right to be free from involuntary servitude" and 18
U.S.C. § 1584 "by knowingly holding the men in involuntary servitude."
Defendants were convicted at trial in federal district court and appeal was
taken. The Sixth Circuit reversed and remanded, holding: 1) Defendants
could be convicted of holding the workers in "involuntary servitude" only
if through fraud or deceit a person was led to believe they had "no viable
alternative but to perform" the work because of the use or threatened use
of physical force or legal coercion; moreover, the person must be at a
disadvantage to address the situation because they are a minor, immigrant,
or mentally impaired. 2) Expert testimony regarding ...
Arrestee Stated §1983 Claim Against Coroner; Heightened Pleading Standard
Overruled
The U.S. Ninth Circuit Court of Appeals, reversing the U.S. District Court,
Northern District of California, ruled that the district court erred in
holding an arrestee to a heightened pleading standard in a 42 U.S.C. § 1983
false arrest and malicious prosecution complaint and found that the
complaint stated a Fourth Amendment claim but not a Fourteenth Amendment
(due process) claim.
On September 18, 1995, Josephine Galbraith killed herself in her home. The
police initially ruled the death a suicide. Santa Clara, California, County
Coroner Dr. Angelo Ozoa, the County's Chief Medical Examiner-Coroner,
however, ruled the death a homicide and implicated Nelson Galbraith,
Josephine's husband, who was home at the time of the death. Ozoa created a
detailed autopsy report setting out the case for murder and testified to
the report at trial. A jury acquitted Nelson Galbraith of all charges.
Thereafter, Galbraith exhumed his wife's body and had his own medical
expert examine her. The expert reported that the autopsy dissection was
improperly done. Further, the expert concluded, Dr. Ozoa could not possibly
have seen what he claimed in his autopsy report due to the botched autopsy.
Galbraith sued ...