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Damages Awarded in New York Retaliation Suit by Damages Awarded In New York Retaliation Suit A Federal District Court in New York awarded a prisoner $4,221.40 for back wages and educational costs, but denied punitive damages in a successful retaliation suit. The court later denied the defendants' motion for reconsideration. …
Wildfires Highlight Cheapness of Prisoner Lives by Wildfires HighLight Cheapness of Prisoner Lives The summer of 2000 brought dev- astating wildfires to the Western United States. By official count, some 25,000 firefighters were involved battling dozens of blazes across the West during the height of the fire season. That includes …
$4,500 Verdict in NY Hernia Suit by On November 16, 1999, the New York court of claims awarded New York state prisoner Justo Lopez $4,500 for a hernia he developed while assigned to do work beyond his physical capacity. Prior to his incarceration Lopez had been shot several times, as …
No Immunity for Ignoring Prisoner Work Restrictions by Ronald Young No Immunity For Ignoring Prisoner Work Restrictions by Ronald Young A federal district court for the Eastern district of New York held that a prisoner's allegations that he was required to perform sanitation duties despite a doctor's orders to the …
Idaho Prisoners Can Sue for On-the-Job Injuries by The Idaho state Supreme Court held that prison officials were not entitled to summary judgment in an action brought by prisoners for injuries sustained during participation in a prison work program. Prisoners Mark Mead and Jeff Smith were injured in separate accidents …
Article • August 15, 2000 • from PLN August, 2000
$2 Million Awarded in IL Medical Neglect Suit by On February 2, 2000, a federal jury in Illinois awarded $2 million in damages to a prisoner blinded through medical neglect by prison officials. The damage award is believed to be the highest in a prisoner civil rights case in Illinois. …
$12,000 Awarded in NY Work Injury Suit by On June 28, 1999, the New York court of claims awarded Leon Bienkowski $12,000 for past general damages for injuries he suffered on a prison work detail. Bienkowski was a prisoner at the Elmira Correctional Facility in New York in 1996 when …
Article • July 15, 2000 • from PLN July, 2000
$97,500 Awarded in NY Prison Work Accident by On July 19, 1999, a Binghamton county court in New York awarded $97,500 in damages to Fred Thomas for an eye injury he suffered. while imprisoned in a New York state prison in 1993. Thomas, then a 33-year-old prisoner at the Elmira …
Prison Working Conditions Protected by Eighth Amendment by A federal district court in New York held that fact issues existed as to whether a prison official was deliberately indifferent to a prisoner's health, and whether she was aware of unsafe working conditions. Since both situations fall within the purview of …
NY Prisoner Worker Awarded $90,000 in Accident by In 1995 William Terry was a prisoner at the Lyon Mountain Correctional Facility where he worked as a hay shredding machine operator on the prison dairy farm. While operating the shredding machine without safety shields, Terry's glove became caught in the machine …
No Qualified Immunity for Unsafe Working Conditions by A federal district court in New York held that a risk of future harm to a prisoner from dangerous chemicals at his prison job violates a clearly established right, from which prison officials are not immune. The court further held that the …
Article • April 15, 2000 • from PLN April, 2000
Washington Health and Safety Standards Apply to Prison Work Places by The Washington State Supreme Court has held that the Dept. of Corrections (DOC) must comply with electrical licensing and safety laws, but not competitive bidding and prevailing wage laws, when managing prisoner labor. The National Electrical Contractor Association (NECA) …
A Foul Trend Emerges by Tara Herivel An 1996, the Department of Labor and Industry (L&I) fined McNeil Island Corrections Center (MICC) over $13,000 for health and safety violations. L & I investigator Jeff Spann unearthed a pattern of inadequate training for health care staff, use of faulty medical equipment, …
Texas Prisons Not Immune In Tort Claims Act Suits by A Texas appellate court held that the prison system and its employees are not entitled to common-law immunity, official immunity, or sovereign immunity for a claim under under the Texas Tort Claims Act (TTCA), Texas Civil Practice & Remedies Code …
Texas Prisons Subject to Civil Liability by ATexas appellate court has held that the prison system was subject to liability when a prisoner slipped and fell in a prison butcher shop. Doyle Dean Cobb, a Texas prisoner, filed a state lawsuit under the Texas Tort Claims Act, Texas Civil Practice …
UNICOR Worker Receives $928.32 for Lost Hand by The court of appeals for the Seventh Circuit held that a prisoner could bring a Bivens claim separate from any claim brought under a workers' compensation scheme. However, because the evidence of the prison officials' failure to protect did not rise to …
Ohio Prison Doctor Liable in Asthma Death by A federal district court in Ohio held that factual disputes required a trial to determine if Ohio DOC medical staff were liable in the death of a prisoner who died from an asthma attack. Ernest Davis was an Ohio state prisoner with …
Court Allows Silencing of Environmental Whistle-Blower by Paul Wright If a business near your home was dumping raw sewage into rivers and improperly storing toxic materials that contaminated your drinking water supply, would you want to know about it? Would you be grateful if an employee reported this to the …
Article • September 15, 1996 • from PLN September, 1996
Asbestos Exposure Violates Eighth Amendment by The court of appeals for the ninth circuit held that exposing prisoners to asbestos violates the eighth amendment. Clarence Wallis is an Oregon state prisoner assigned to a cleanup crew. His work detail was ordered to remove asbestos hanging off pipes, without any type …
Bivens Provides Remedy for Work Injury to BOP Prisoners by A federal district court in California held that prison officials may not retaliate against prisoners who request medical treatment; that the Prison Industries Fund is the sole remedy for federal prisoners who suffer work related injuries but does not bar …
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