Same-Sex Marriage Fight Could be Influenced by Appeals Court Judge
Same-Sex Marriage Fight Could be Influenced by Appeals Court Judge
Roy Cooper Says North Carolina Won’t Defend its Gay Ban
Roy Cooper Says North Carolina Won’t Defend its Gay Ban
Court Denies Atheist Complaint: the Ground Zero Cross Stays
Court Denies Atheist Complaint: the Ground Zero Cross Stays
Florida Rules Against Same-Sex Marriage Ban
Florida Rules Against Same-Sex Marriage Ban
Your profile matches an open legal position. Apply now!
Job Listings

Federal Court Rules “Kids for Cash” Judge Liable for Damages

facebooktwittergoogle_plusredditpinterestlinkedinmail

The U.S. District Court for the Middle District of Pennsylvania granted a partial motion by the plaintiffs for partial summary judgment against former Luzerne County Juvenile Court Judge Mark Ciavarella. Currently Ciavarella is serving a 28-year prison sentence for accepting kickbacks and failing to report “finder’s fees” connected with the development of private juvenile detention facilities.

Ciaverella continues to reject the allegations even after conviction and he maintains that there was no link between the cash he received and his decisions to send children to the private juvenile detention facilities in Pittston Township and Butler County. Criminal proceedings against Ciavarella have already proved that he used to shuttle youths to the centers while hiding away the cash he received in connection with the development of the juvenile detention centers.

U.S. District Judge A. Richard Caputo granted summary judgment to the thousands of class-action plaintiffs on Thursday, but said a later date would be fixed for determining damages. In his partial summary judgment, Caputo ruled that Ciavarella did deprive the plaintiffs of their constitutional rights, observing that the point has already been established in the criminal proceedings against Ciavarella and the Supreme Court.

The court ruled that even though Ciavarella is immune for judicial actions, his non-judicial acts were not protected by judicial immunity, nor was the conspiracy surrounding the creation of two for-profit juvenile detention centers protected by law.

What

 job title, keywords

Where

 city, state, zip



Get JD Journal in Your Mail
Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!


Caputo also noted that Ciavarella had failed to file a response to the plaintiffs’ motion seeking summary judgment, and it legally meant that none of the material facts alleged by the plaintiffs are in dispute. Caputo’s 23-page summary judgment detailed how Ciavarella had hatched the conspiracy in 1999 and approached fellow Luzerne County Judge Michael T. Conahan to build a team with the financial ability to build a new juvenile detention facility. Attorney Robert Powell, who was present at the meeting, later contacted developer Robert Mericle. And then Ciavarella became the “zero tolerance” judge ensuring that the detention centers received a continuous and steady stream of detainees.

Federal Court Rules “Kids for Cash” Judge Liable for Damages by
facebooktwittergoogle_plusredditpinterestlinkedinmail

Tagged: , , ,

Posted by on January 12, 2014. Filed under Legal News. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.

 

 

Job of the Day
Sr. Legal Specialist - Labor & Employment Practices
USA-VA-Richmond

Altria Group is a FORTUNE 200 company that owns the premier tobacco companies in the United States including Philip Morris USA, U.S. Smokeless Tobacco Company, John Middleton and Nu Mark. The companie...