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Corrections Corporation of America Hit with $3 Million Abuse Verdict by Lonnie Burton On Dec 14, 2000, a federal jury in South Carolina awarded a 14-year-old boy more than $3 million in damages after finding Tennessee-based Corrections Corporation of America (CCA) guilty of physically abusing the Charleston, SC teen-ager. In …
Jail Term for DUI Turns into Death Sentence by On July 11, 2000, Rodney "Rocky" Eickstadt began serving a 175day jail term at the Franklin County (Ohio) Jail for drunken driving. Ten weeks later he was dead _ from complications related to untreated diabetes. Eickstadt didn't know he was diabetic …
Construction Contractor Not Liable Under §1983 for Disabling Fire Safety Equipment by Construction Contractor Not Liable Under §1983 for Disabling Fire Safety Equipment A federal district court in Illinois has dismissed a private construction contractor from a suit alleging a prisoner was injured in a fire after the contractor's employees …
Dying For Profits: CMS and the Privatization of Prisoner Health Care by Ronald Young By Ronald Young Marvin Johnson, a 28-years-old diabetic, required 100 units of insulin per day to stay alive. On the morning of July 27, 1995, he was arrested and jailed in Little Rock, Arkansas for driving …
CMS Fined Nearly $1 Million in Virginia by Dan Pens Correctional Medical Services (CMS) contracts with the Virginia Department of Corrections (VDOC) to provide medical care to some of its 30,000 prisoners. In a 13-month period starting in January 1999 the VDOC levied nearly $1 million in fines against CMS …
No Immunity for Private Prison Physician by The U.S. court of appeals for the Eleventh Circuit held that a privately employed prison physician was ineligible to claim qualified immunity. Disputed material facts surrounding his response to a prisoner's serious medical condition also precluded summary judgment on the merits. In June …
Private Citizen Liable for Jail Slavery Under §1983 by Private Citizen Liable for Jail Slavery Under §1983 A federal district court in Georgia held that a private citizen who exercises authority over a county prisoner can be held liable under 42 U.S.C. §1983 as a state actor. Lamar County, Georgia …
$100,000 Settlement in TX Restraint Chair/Pepper Spray Death by On February 22, 2000, Tarrant County, Texas agreed to pay a $100,000 settlement to the estate of James Livingston, 30, to settle a wrongful death suit. On July 6, 1999, Livingston was arrested on a trespassing warrant. He was allegedly abusive …
Article • October 15, 2000 • from PLN October, 2000
Escape Costs Oklahoma Private Prison $304,375 by Gordon Flud's April 12, 2000, escape from a Hinton, Oklahoma rent-a-jail didn't end well for him--or for his prison. Flud, 44, jumped fences, avoided razor wire and climbed down the Great Plains Correctional Facility administration building's rainspout in his bid for freedom. But …
Article • June 15, 2000 • from PLN June, 2000
$200,000 Awarded in Michigan Jail Wrongful Medication Suit by On June 22, 1999, a Macomb county jury in Michigan awarded $200,000 in damages to David Dempsey after he was wrongly medicated in the Macomb county jail. Dempsey suffers from bipolar disorder. While imprisoned on the psychiatric floor of the Macomb …
New Mexico Private and State Prison Phone Rates Challenged by Two separate state court class action lawsuits have challenged the excessive phone rates charged to people who accept collect calls from New Mexico state prisoners. The first lawsuit, Valdez v. Wackenhut Corrections Corporation, was filed on December 30, 1999, in …
Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies by Al Gerhardstein As the number of prisoners in private lock-ups continue to increase, lawsuits filed by them, not unexpectedly, are also on the rise. While that is no surprise to corrections professionals and …
Out-of-State Prisoner Housing Contracts Subject to Long-Arm Jurisdiction by A federal court in Missouri has held that Missouri prisoners whose incarceration was contracted to Brazoria County, Texas, could sue Brazoria County in Missouri. This is a lawsuit filed in Missouri federal district court by Missouri state prisoners who were abused …
Miscarriage is Serious Medical Condition by A federal district court in Maine held that a miscarriage is a serious medical condition, but dismissed a state law medical negligence claim for failure to comply with the pre-suit screening requirements of the Maine Tort Claims Act (MTC). On June 13, 1996, Melissa …
Prison Health Services Refuses to Pay by The U.S. court of appeals for the Eleventh Circuit held that a forum selection clause in an indemnity agreement between the Sheriff of Polk Co., Florida and Prison Health Services (PHS), which allowed contract disputes to be brought in the state circuit court, …
Private Transportation Company Liable Under 42 USC § 1983 by Private Transportation Company Liable Under 42 USC § 1983 A federal district court in Colorado held that alleged sexual assaults committed by an employee of a private transportation company, under contract with the state Department of Corrections, were committed under …
Tennessee Supreme Court Upholds Private Prison Disciplinary Procedures by When the Tennessee legislature passed the Private Prison Contracting Act of 1986, codified at TCA § 41-24- 101 to 115, the following provision was included: "No contract for correctional services shall authorize, allow or imply a delegation of the authority or …
Article • September 15, 1999 • from PLN September, 1999
Prisoner Suing Prison Physician for Deliberate Indifference by A federal district court in New York denied summuary judgment to a prison physician being sued for medical neglect. The court held that a genuine issue of material fact was in dispute in that the physician may have acted with deliberate indifference …
No Qualified Immunity for Texas Sheriff and CCRI Guards Who Abused Missouri Prisoners by by Matthew Clarke Afederal district court in Texas has ruled that prisoners who were kicked, bitten by dogs, shocked, and subjected to a public strip and body cavity search by untrained, improperly supervised private guards during …
Private Prison Guard Is State Actor for § 1983 Purposes by Private Prison Guard is State Actor for § 1983 Purposes Afederal district court in New Mexico held that a guard employed by Corrections Corporation of America was a "state actor" acting under "color of state law" when he allegedly …
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