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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 …
New York Jury Awards $900,000 for Jail's Failure to Protect by A federal jury awarded judgment of $900,000 against the County of Nassau and the Sheriff of Nassau for failing to protect prisoner Steven W. Arnold from being assaulted and severely beaten while detained in the Nassau County Jail. PLN …
Article • May 15, 2001 • from PLN May, 2001
PLRA Attorney Fee Cap Doesn't Apply After Release; Texas County Liable in Attack by The court of appeals for the Fifth circuit held that a Texas county was liable for failing to protect an arrestee from assault in its jail. The court also held that the Prison Litigation Reform Act …
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. …
Gay New York Guard Wins $1.5 Million Harassment Award by On July 18, 2000, a gay Nassau County, NY jail guard won $1.55 million in damages after a federal jury agreed that his supervisors failed to intervene when his coworkers repeatedly tormented and harassed him due to his sexual orientation. …
Article • May 15, 2001 • from PLN May, 2001
County Must Pay Prisoner's Medical Expenses by AKansas Court of Appeals found that a governmental agency is not entitled to seek reimbursement from a prisoner for the cost of medical treatment received by the prisoner while in the agency's custody. While incarcerated in the Haskell County {Kansas) jail, David Sullivan …
Secular Humanism: Philosophy or Religion? by The D.C. Circuit has held that federal prison officials were entitled to qualified immunity for refusing to recognize secular humanism as a religion. Ben Kalka, a former federal prisoner, sought to form secular humanism groups to meet in prison chapels. At his last unit …
Article • April 15, 2001 • from PLN April, 2001
PLN Strikes Down Oregon Bulk Mail Ban by Paul Wright The court of appeals for the Ninth circuit held that the Oregon Department of Corrections (DOC) ban on third class standard non-profit mail (AKA bulk mail) was unconstitutional and violated the First amendment rights of publishers and prisoners alike. The …
Article • April 15, 2001 • from PLN April, 2001
Second Circuit Discusses Qualified Immunity in Disciplinary Case by Second Circuit Discusses Qualified Immunity In Disciplinary Case The Second Circuit has with drawn its previous decision in Horne v. Coughlin, 155 F.3d 26 (2nd Cir. 1998), substituting an opinion that does not determine whether a mentally retarded prisoner has a …
Texas and Florida Prisoners Used in Medical Experiments by Julia Lutsky When the AIDS epidemic struck in the mid eighties and pharmaceutical companies wished to test new and promising drugs, what better place than in the nation's prison systems? AIDS has no known cure and test subjects in the prison …
No Qualified Immunity for Illinois Visitor Strip Searches by The court of appeals for the Seventh circuit held that Illinois prison officials were not entitled to qualified immunity from money damages for strip-searching prison visitors in the absence of any individualized suspicion that they were carrying contraband. Between 1995 and …
Frozen Toes State a Claim for Deliberate Indifference by A U.S. District Court in Minnesota handed down a mixed ruling on defendants' motion for summary judgment on a federal prisoner's claim of deliberate indifference to his serious medical needs. On January 25, 1996, after walking for 23 hours in freezing …
$40,000 Awarded in Tennessee Jail Failure to Protect Suit by A U.S. District Court in Tennessee ordered Shelby County to pay $40,000 to Jacob Miller for injuries suffered in an attack by fellow prisoners at Shelby County Correctional Center (SCCC). Miller arrived at SCCC in December 1995 to serve a …
FTCA, Bivens Claims in Beating Suit Proceed in Bifurcated Trial by Orlando Ortiz, a pretrial detainee, brought action for use of excessive force during a pat search under the Federal Tort Claims Act, 28 U.S.C. §26722680 (FTCA), and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, …
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 …
Lorton Conditions Unconstitutional by A federal district court for the District of Columbia held that a prisoner stated claims for an assortment of constitutional injuries and a violation of the Lorton Act. The defendants' motion to dismiss the complaint or, in the alternative, for summary judgment was denied in part. …
Improperly Installed Bunks State 8th Amendment Claim by The court of appeals for the Sixth circuit held that a prisoner's complaint that bunk beds are improperly installed upside down, and the anchor bolts' protrusion into the sleeping area states an eighth amendment claim. Tennessee prisoner Forrest Zayne Brown filed a …
$1.18 Million in Santa Clara Co. Sexual Assault/Harassment Suit by $1.18 Million In Santa Clara Co. Sexual Assault/Harassment Suit Female prisoners were awarded a total of $1,180,000 in damages and attorney's fees in the settlement of a suit filed against the Santa Clara County, California, Board of Supervisors and Department …
WA DOC Whistleblowers Speak Out: Is Anyone Listening? by Paul Wright Hollywood has glamorized whistleblowers as selfless, dedicated employees with the public interest at heart. It has also implied that when government or corporate employees expose wrongdoing there is someone there to investigate their claims. A veteran investigative journalist writing …
Article • February 15, 2001 • from PLN February, 2001
No Qualified Immunity for Alabama Blanket Strip-Search Policy by A federal district court in Alabama held that a County Sheriff was not entitled to qualified immunity for a policy of strip-searching all jail admittees, regardless of personal circumstances. DeAngela Wilson, an 18-year-old high school student, was arrested at a drivers' …
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