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Articles by Lonnie Burton

Federal Prison Guard Receives $45,000 Settlement on Claim of Workplace Discrimination Due to Military Status

Matthew Tully worked as a prison guard at the Metropolitan Correctional Complex in New York (MCC-New York) City from 1998-2000. Tully had been a member of the United States Army and was active in the New York National Guard. On August 3, 2000, Tully filed a complaint with the U.S. ...

Federal Bureau of Prisons Settles Overtime Dispute with Leavenworth Guards for Nearly $400,000

On November 27, 2000, the Federal Bureau of Prisons (BOP) and the Council of Prison Locals, American Federation of Government Employees (AFGE) Local 919 entered into a settlement agreement in a grievance filed by guards at the Leavenworth federal prison in Kansas. The settlement ended a dispute between the BOP ...

$340,000 Settlement for Federal Prisoner Severely Beaten by Cellmate While Handcuffed

On October 2, 1997, the United States agreed to pay a federal prisoner a total of $340,000 to settle a lawsuit filed just months earlier alleging that negligence and deliberate indifference on the part of prison staff resulted in an attack by the prisoner’s cellmate while the victim was still ...

$250,000 Settlement for Family of Federal Prisoner Who Suffered Fatal Heart Attack After Being Refused Medical Attention

On December 2, 2002, the U.S. Department of Justice entered into a settlement agreement with the family of a former federal prisoner who died of a heart attack after he was refused medical treatment at the prison infirmary. The parties agreed to settle the case for $250,000, but it was ...

$55,000 Settlement for Federal Prisoner Repeatedly Raped By Guard

On November 20, 2003, a federal prisoner settled a lawsuit she filed against the United States, a guard, and the warden at a federal prison in San Diego on a claim that she was repeatedly raped by a guard and that the warden failed to take any corrective action. Documents ...

$31,500 Settlement for Federal Prison Guard for Racial, Military Discrimination

Larry D. Milner was a guard at the Metropolitan Correctional Center in San Diego (MCC-SD) while at the same time being on active duty in the U.S. Navy. Milner, an African-American, filed a complaint alleging he was routinely discriminated against at MCC-SD based on his race and his military service. ...

WV: Money Sent By Family to Prisoners Subject to 40% Deduction, Despite Rule To the Contrary

On June 8, 2016, the West Virginia Supreme Court held that funds received by prisoners from family and friends are considered "earnings" and thus subject to the deductions mandated by W. Va. Code 25-1-3c(c)(1) (2005), even though a department of corrections policy specifically excludes those funds from mandatory deductions. The ...

Virginia Supreme Courts Upholds Conviction of Man Forced to Stand Trial in Jail Clothes

On June 2, 2016, the seven judge Virginia Supreme Court affirmed a court of appeals decision to uphold the conviction of a defendant who had a jury trial while wearing jail-issued attire. The unanimous ruling was written by Chief Justice Donald W. Lemons.

The defendant, Robert Allen Wilkins, was housed ...

Virginia Court Affirms Parole Revocation for Sex Offender Who Refused to Admit Guilt

On May 17, 2016, the Court of Appeals of Virginia denied the appeal of a man whose parole was revoked when he refused to admit that he was guilty of the offense for which he pled guilty. The man was convicted of a sex offense and was required to complete ...

Suit Against Kentucky Jail Officials for Prisoner-on-Prisoner Assault Dismissed for Failure to State a Claim

On June 3, 2016, a three judge panel of the Court of Appeals of Kentucky issue a 3-0 decision affirming the dismissal of a lawsuit brought by a state prisoner who was assaulted by another prisoner and claimed that jail officials were liable for the attack. The court also affirmed ...