Florida Board Rules Convicted Prison Guard Can’t Collect Retirement Benefits
by Monte McCoin
PLN’s regular readers will recall our previous coverage of the arrests and convictions of three Ku Klux Klan members who formerly worked as prison guards at Florida’s Reception and Medical Center, who conspired to place a “hit” on a recently-released African American prisoner. David Elliot Moran, Charles Thomas Newcomb and Thomas Jordan Driver were each sentenced in 2017 to serve 12 years in prison in connection with the scheme. [See: PLN, Apr. 2018, p.48; Feb. 2016, p.1].
On July 8, 2018, Florida’s State Board of Administration (SBA) rejected Moran’s attempt to collect state retirement benefits despite his criminal conviction for conspiracy to commit first-degree murder. Moran had claimed there was no connection between the murder-for-hire plot and his employment as a prison guard, but an administrative law judge disagreed in May 2018, and the SBA upheld that decision in response to Moran’s appeal.
“It might have been difficult for petitioner and his co-conspirators to carry out a murder or attempted murder of an inmate at the correctional facility at which they worked or had worked. However, just because the conspiracy to commit murder occurred off the employer’s premises, does not mean that forfeiture [of benefits] would not be appropriate,” the SBA ruled.
More from this issue:
- Solitary Instead of Treatment of Mentally Ill Prisoner Costs New Mexico Jail $2 Million, by R. Bailey
- Sixth Circuit: § 1983 Actions Classified as Personal Injury Claims, by David Reutter
- Family of Deceased Colorado Prisoner Accepts Settlement for $5.3 Million, New Policies, by Edward Lyon
- South Dakota Prisoner Fights Porn Ban in Federal Court, by Edward Lyon
- PLRA’s Administrative Remedies Requirement Tolls Limitations Time but Not Accrual Time, by David Reutter
- Jail’s Failure to Protect Juvenile from Sexual Assault Supports $25,000 Verdict, by David Reutter
- Jury Awards Federal Prisoner $675,000 in Retaliation, Excessive Force Bivens Case, by Jeremy Pinson
- Lawsuit Alleges Texas County Jailers Beat, Paralyzed Prisoner, by Matthew Clarke
- Study Finds Wrongful Convictions in 11.6 Percent of Sexual Assault Cases from Pre-DNA Testing Era
- Prison Grievance Coordinator’s Responses Rendered Administrative Remedies Unavailable, by David Reutter
- With Help from ACLU, Parolee Wins $10,000 Settlement Plus $100,000 in Attorney Fees, by Derek Gilna
- Texas Settles Suit Over Rape and Beating of Transgender Prisoner
- With 27 Percent Unemployment, Jobs Crisis Hits Ex-prisoners the Hardest, by Steve Horn
- Maine: Superior Court’s Dismissal for Lack of Jurisdiction Not Supported by the Record, by Dale Chappell
- Canadian Woman Wins Settlement for Death of Son Born in Jail, by Derek Gilna
- New Orleans Parish Court System has Unconstitutional Funding Practices, by David Reutter
- NC Escape Attempt that Left Four Dead Leads to Reforms, Increased Punishment
- Mother of Prisoner Who Died at Texarkana Jail Challenges $200,000 Settlement; Nurse Pleads Guilty, by Matthew Clarke
- Privacy Interests Outweigh Public Interest in Disclosure of AUSA Termination Letter, by David Reutter
- New Rule Sparks Uprising at California Sex Offender Civil Commitment Facility, by Matthew Clarke
- Private Prison Operator Emerald Corrections Out of Business, by Steve Horn
- Two Chicago Prisoners, Released Due to Police Misconduct, Seized by ICE, by Derek Gilna
- $55,000 Settlement in Rape of Missouri Jail Prisoner
- Texas Uses Failed Private Prison to Hold Civilly Committed Sex Offenders, by Matthew Clarke
- Ohio Settles Suit Over Sexual Assault of Prisoner for $525,000, by Matthew Clarke
- Nevada County Settles Lawsuit Over Jail Prisoner’s Death for $500,000, by Matthew Clarke
- Federal Judge Voids Contract Between Death Row Exoneree and Attorney, by David Reutter
- Fifth Circuit Reverses Dismissal of Federal Prisoner’s Retaliation, Conspiracy Claims, by Matthew Clarke
- Despite Lack of FCC Action, States Can Still Make Prison and Jail Calls Affordable, by Dale Chappell
- Georgia Medical Prison Rife with Dysfunction, Abuse and Dilapidated Conditions, by David Reutter
- Controversy in Utah Over Jail Deaths and Secret Jail Operating Standards, by Matthew Clarke
- Dozens of Lawsuits Against Correct Care Solutions for Sometimes Fatal Denial of Medical Treatment, by Matthew Clarke
- Los Angeles County Settles Lawsuit over Jail Prisoner’s Suicide for $1.7 Million, by Matthew Clarke
- Lake County, Indiana Establishes $8.2 Million Bond to Settle Jail Lawsuits
- Former Mexican Mafia General Turned Informant Receives $25,000 from GEO Group, 20 Years in Prison from Feds, by Matthew Clarke
- Minnesota Prisoner Wins Reprieve from Jail Debt in Federal Court, by Edward Lyon
- Virginia Prisoner Defeats Summary Judgment, Settles Religious Diet Case, by Edward Lyon
- Top Federal Death Penalty Lawyer Demoted, Reassigned, by Christopher Zoukis
- Protesters Blockade CoreCivic Headquarters in Nashville; 19 Arrests
- Washington Prisoner Has First Amendment Right to Threaten to File Suit, by Derek Gilna
- Colorado County Settles Lawsuit Over Jail Prisoner’s Death for $3.5 Million, by Matthew Clarke
- HRDC Files Suit Against FDOC Over Mentally Ill Prisoner’s Starvation Death
- Ohio City, Medical Center Settle Lawsuit Over Jail Prisoner’s Death for $210,000, by Matthew Clarke
- Federal Court Issues Injunction Over Conditions on Virginia’s Death Row, by Matthew Clarke
- Some Arizona Prison Logs Show Temperatures up to 119 Degrees; Others Falsified, by Matthew Clarke
- New CNN Film, “American Jail,” Shows How the Poor Get – and Stay – Incarcerated, by Steve Horn
- Illinois: $4.75 Million Settlement in Jail Seizure Injury Case, by David Reutter
- Oklahoma Prisoners, Advocacy Group File Short-lived Lawsuit Alleging Corruption, by Matthew Clarke
- California Supreme Court Modifies Settlement to Revise Parole Process, by Derek Gilna
- Florida Board Rules Convicted Prison Guard Can’t Collect Retirement Benefits, by Monte McCoin
- JPay Vulnerability Exploited by Idaho Prisoners for $225,000 in Credits, by Steve Horn
- Lawsuit, Ballot Initiative Seek to Reform Felon Disenfranchisement in Florida, by David Reutter
- Pennsylvania: Class-action Suit Against USP Lewisburg Reinstated, by Derek Gilna
- From the Editor, by Paul Wright
- Rikers Island Beat Down Suit Settles for $165,000, but Victim Won’t See a Penny, by Christopher Zoukis
- News in Brief
- At the Federal Supermax, When Does Isolation Become Torture?, by Alan Prendergast
More from Monte McCoin:
- Metropolitan Detention Center Guards Convicted in Sex Abuse Scandal, Jan. 8, 2019
- Harvard Student Group Advocates for Prison Education, Reform, Jan. 8, 2019
- Trump Establishes Federal Interagency Council on Crime Prevention and Improving Reentry, Jan. 8, 2019
- Florida: Suit Continues Against CoreCivic for Rape of Developmentally Disabled Child, Dec. 7, 2018
- Military-Style Attack on Brazilian Prison Kills 20 Prisoners, One Guard, Dec. 5, 2018
- Former Jailhouse Lawyer Bobby Battle Dies at Age 80, Dec. 5, 2018
- States Implementing New Technology to Fight Contraband Smuggling Via Drone, Nov. 6, 2018
- Florida: Federal Prison Guard Sentenced for Accepting Bribe, Oct. 12, 2018
- California Attorney Specializes in Representing Prisoners Victimized by Fraud, Oct. 12, 2018
- Australian Woman Gives Birth in Cell After Guards Can’t Unlock the Door, Oct. 12, 2018
More from these topics:
- Seventh Circuit: Illinois Prisoner Entitled to Retrial After Appointment of Counsel Denied, Jan. 8, 2019. Guard Misconduct, Eighth Amendment, Appointment of Counsel, Trials.
- Guards Face Federal Charges for Smuggling Drugs, Cell Phones Into Idaho Prisons, Jan. 8, 2019. Misconduct/Corruption, Guard Misconduct, Guards/Staff, FBI.
- Garnishment Action in Federal Court to Collect Jury Award was Improper, Dec. 7, 2018. Guard Misconduct, Money/Property, Eleventh Amendment Immunity.
- Michigan Prisoner Awarded $16,500 for Guard’s Assault and Cover-up, Dec. 7, 2018. Guard Misconduct, Guard Brutality/Beatings.
- Florida: Suit Continues Against CoreCivic for Rape of Developmentally Disabled Child, Dec. 7, 2018. Prisoner-Prisoner Assault, Corrections Corporation of America/CoreCivic, Guard Misconduct, Juveniles, Failure to Protect (Juveniles).
- Multiple Charges, Lawsuits Filed Against Lackawanna Prison Staff for Sexual Abuse, Dec. 5, 2018. Staff-Prisoner Assault, Guard Misconduct.
- Mississippi: Former Jailer Acquitted of Criminal Charges in Prisoner’s Death, Nov. 7, 2018. Guard Misconduct, Criminal Prosecution, Failure to Protect (General), Guard Brutality/Beatings, Suicides.
- Female Texas Prison Guards Allege Sexual Harassment, Abuse, Discrimination, Nov. 6, 2018. Staff-Staff Assault, Staff-Staff Harassment, Supervisor-Staff Harassment, Gender Discrimination -- Women, Employee Litigation.
- Ohio Jail Detainee Receives $500,000 Settlement for Assault by Guard, Nov. 6, 2018. Guard Misconduct, Guard Brutality/Beatings, Settlements.
- Texas Prison Officials Demoted, Fired after Disciplinary Quota System and Planted Contraband Exposed, Nov. 6, 2018. Guard Misconduct, False Charges (Disciplinary Hearings).