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$862,500 Settlement in Mentally Ill Ohio Jail Prisoner’s Death by A settlement of $862,500 has been reached in the death of a mentally ill prisoner who died at Ohio’s Summit County Jail (SCJ). While acting in a delusional and disoriented manner, Mark D. McCallaugh, 28, was arrested on August 7, …
Article • April 15, 2010 • from PLN April, 2010
Iowa Good Time Statute Violates Ex Post Facto Clause by Brandon Sample A 2005 amendment to Iowa’s good time statute making participation in a sex offender treatment program (SOTP) a prerequisite to earning good time may not be applied to sex offenders convicted before the amendment’s effective date, the Supreme …
Article • March 15, 2010 • from PLN March, 2010
California Cuts Funding for Prop 36 Drug Treatment Programs by Michael Brodheim In an effort to trim a $26.3 billion budget deficit, California Governor Arnold Schwarzenegger slashed $90 million from a diversion program designed to offer certain non-violent drug offenders the opportunity to participate in substance abuse treatment instead of …
Ninth Circuit Strikes Down BOP Rule Limiting Early Release for RDAP Participants by Brandon Sample Following its recent decision in Arrington v. Daniels, 516 F.3d 1106 (9th Cir. 2008) [PLN, June 2009, p.44], the U.S. Court of Appeals for the Ninth Circuit struck down another federal Bureau of Prisons (BOP) …
New Orleans Jail Conditions Found Unconstitutional by Jimmy Franks In June, August and November 2008, the Orleans Parish Prison (OPP) in New Orleans, Louisiana was the target of a U.S. Department of Justice investigation conducted by the agency’s Civil Rights Division. Under the auspices of the Civil Rights of Institutionalized …
GEO Group Prison Squalor Drives Idaho Prisoner to Suicide: $100,000 Settlement by On September 13, 2009, the Idaho Department of Corrections (IDOC) reached a settlement with the parents of an Idaho state prisoner who was driven to suicide by squalid conditions at a GEO Group-run private prison in Texas, where …
Canadian Appellate Court Affirms $12,000 Judgment for Prisoner by On June 2, 2009, a Canadian appellate court affirmed a decision by Federal Court Prothonotary Martha Milczynski awarding $12,000 to Barry Carr, a federal prisoner. Carr had accused Correctional Service of Canada (CSC) of negligence and breaching its duty of care …
$200,000 Settlement in Florida Prisoner’s Suicide Death by Florida’s Department of Corrections paid $200,000 to settle a lawsuit involving a prisoner’s suicide death. That settlement is the maximum allowed under law when suing a state agency. Prior to his entry into prison, prisoner David Hansen had a history of mental …
$750,000 Settlement in Alabama Prisoner’s Heat Death by A $750,000 settlement was paid to the mother of an Alabama mentally ill prisoner who died as the result of exposure to extreme heat while on psychotropic medication. Just four days after his admission to Kilby Correctional Facility (KCF), prisoner Farron Barksdale, …
Brief • March 9, 2010
Barkes, et al. v. First Correctional Medical Inc., et al., DE, Memorandum Opinion, Wrongful Death, 2010 Case 1:06-cv-00104-JJF-MPT Document 146 Filed 03/09/10 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE KAREN BARKES, et al., Plaintiffs, v. Civil Action No. 06-104-JJF FIRST CORRECTIONAL MEDICAL, …
Three Years Later, CMS Still Fails to Meet Medical Standards in Delaware by David Reutter by David M. Reutter Despite federal oversight of its prison medical care, Delaware “continues to have a great deal more to achieve before it comes into substantial compliance with all provisions of the MOA” (Memorandum …
Denial of Medical Care Causes Two Riots at GEO Group Texas Prison by Matthew Clarke by Matt Clarke On December 12, 2008, a riot erupted at the GEO Group-run Reeves County Detention Center (RCDC) in Pecos, Texas, which houses federal immigration detainees. The uprising was triggered by the death of …
Article • February 15, 2010 • from PLN February, 2010
Department of Justice Releases Arrest-Related Death Statistics by Matthew Clarke by Matt Clarke The Bureau of Justice Statistics recently released statistics on state and local law enforcement arrest-related deaths for the years 2003 to 2006. Although Georgia, Montana and Maryland failed to respond to the survey and Nevada and Wyoming …
$2.1 Million Award in Excessive Force Death of California Prisoner by In April, 2009, a federal jury awarded $2.1 million in a lawsuit filed against guards at California’s Richard J. Donovan Correctional Facility for their negligence and excessive use of force that caused a prisoner’s death. The prisoner, John Fitzgerald …
Settlement Promises Improvements at Baltimore City Jail by Matthew Clarke by Matt Clarke On August 18, 2009, a settlement was reached in a class-action lawsuit over conditions of confinement at the Baltimore City Detention Center (BCDC). The lawsuit dates back to 1971 and had been on the federal district court’s …
Prison Health Care, Political Choice and the Accidental Death Penalty in Michigan by Elizabeth Alexander by Elizabeth Alexander1 In Hadix v. Caruso, I represent a class of prisoners in a decades-long case challenging conditions of confinement, including medical care, at various Michigan prison facilities.2 Since August 2006 I have been …
Hadix Litigation Winding Down by David Reutter by David M. Reutter After nearly thirty years, a class-action lawsuit challenging conditions of confinement at the State Prison of Southern Michigan-Center Complex is on the cusp of ending. The end is in sight not because prison officials have fully complied with a …
Article • January 15, 2010 • from PLN January, 2010
Shortcomings Cited at Virginia’s Civil Commitment Facility by Matthew Clarke by Matt Clarke The almost two-year-old, $62-million maximum-security Virginia Center for Behavioral Rehabilitation (VCBR) is still having start-up problems. Located in rural Nottoway County on 28 acres and opened in February 2008, VCBR is unable to retain staff and offers …
U.S. DOJ Calls Houston Jail Unconstitutional, Prisoner Death Rate Alarming by Gary Hunter As a follow-up to PLN’s October 2009 cover story, this article examines in greater detail findings by the U.S. Department of Justice (DOJ) related to conditions at the Harris County jail in Houston, Texas. From 2001 through …
$125,000 Settlement in Suicide Death Of New York Jail Prisoner by On April 29, 2009, Onondaga County, New York agreed to settle a lawsuit filed by the family of a prisoner who committed suicide at the Onondaga County Justice Center (OCJC) for $125,000. On October 7, 2006, William O’Neil hung …
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