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Articles by Lonnie Burton

NY: Prisoner's Abuse Claim Survives Motion to Dismiss

On December 2, 2014, a federal judge denied New York City's attempt to dismiss a suit filed by a Riker's Island prisoner who claimed he was attacked and beaten by a jail guard without provocation or justification.

The excessive force case was actually the third of four lawsuits filed by ...

Nevada Prisoner Receives $500, Other Considerations, in Settlement of Complaint Asserting Numerous Civil Rights Violations

On April 18, 2016, the Nevada Department of' Corrections (NDOC) agreed to pay a state prisoner $500 and make other policy changes' as part of a settlement agreement resolving the federal civil rights action which alleged, among other things, free speech, due process, equal protection, and freedom of religion violations.              ...

Nebraska Supreme Court Says Prisoners Have No Constitutional Right to Own a Typewriter

On September 9, 2016, the Nebraska Supreme Court dismissed a complaint filed by a prisoner who was not allowed access to his personal typewriter, ruling that under the United States Constitution, prisoners do not have a Sixth Amendment right to access a typewriter.

The case started when Nebraska state prisoner ...

MN: Jail Strip Search of Drug Suspect Held Constitutional

Jonathan Jacobson was arrested in 2009 for driving while under the influence of alcohol. He admitted to the Stewartsville, Minnesota police officer that he recently "smoked a bowl" of marijuana. Jacobson was booked in to the county jail and released. Prior to his release, however, jail guards conducted a strip ...

Missouri Not Required to Disclose Identity of Doctor or Pharmacy Who Provide Drugs for Lethal Injections

In an 8-3 decision following an en banc hearing, the U.S. Court of Appeals for the Eighth Circuit ruled that the state of Missouri does not have to disclose the names of the physicians or laboratories that provide the drugs necessary to carry out executions by lethal injection.

The case ...

Los Angeles Sheriff and County Not Liable for Sexual Assault by Deputy

The U.S. Court of Appeals for the Ninth Circuit upheld the dismissal of a lawsuit brought by a woman who claimed she was sexually assaulted by a sheriff's deputy after she received a traffic ticket. The court held the deputy's superiors could not be held liable for failure to train ...

Jail Officials Compelled to Provide Medical Reports in Wrongful Death Lawsuit

The United States District Court for the Northern District of Georgia has ordered the defendant in a lawsuit stemming from the beating death of a prisoner to provide county morbidity and mortality reports to the plaintiff -- over the objections of the county defendant.

In 2004, 71-year-old Hoyt Jenkins was ...

AL: Insurance Company Required to Pay $2.3M Award in Wrongful Imprisonment Suit

Robert Garland and John Tatum were convicted and sentenced in 1991 on federal drug charges. They were later released when, in 1992, Captain Jerry Newton of the Andalusia, Alabama police department admitted to a fellow officer that he had planted the drugs to get a conviction against the pair. Garland ...

Former Prison Doctor Settles Racial Discrimination, Wrongful Termination Lawsuit with Federal Government for $65,000

On January 16, 1997, a former prison doctor who had sued the federal government for racial discrimination resulting in his wrongful termination, agreed to dismiss his case in return for a payment of $65,000. This case is being reported by PLN at this time after a longstanding Freedom of Information ...

Federal Prison Worker Awarded Back Pay after Grievance Settled at Arbitration

The American Federation of Government Employees Council of Prison Locals, Local 510 (AFGE) and the United States Department of Justice (DOJ) entered into a settlement agreement on August 9, 2001, which provided for back pay with interest and other remedial corrections in a case alleging the Federal Bureau of Prisons ...