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$175,000 Paid in WA Guard's Second Sexual Harassment and Retaliation Suit by Madge Wheelock, a Sergeant at Monroe Command for the Washington Department of Corrections, was subjected to continued sexual harassment and retaliation, which occurred after she received a judgment under Snohomish County Case No. 85-2-04790-5 in the amount of …
Sanctions Upheld, New Trial Ordered Over Use of Plaintiffs Sexual History at Trial by Sanctions Upheld, New Trial Ordered Over Use of Plaintiffs Sexual History at Trial The Ninth Circuit Court of Appeals held a complaint filed by a female officer of the Maui Police Department with the Hawaiian Civil …
$7,701 Paid in WA DOC Employees Discrimination Claim by Stacy Lee Sund filed a tort claim with the Washington office of Risk Management alleging that the assistant director of the office of Correctional Industries stated she got pregnant in order to take advantage of the state system and medical benefits …
PLN Nazi Guard Censorship Suit Remanded for Injunctive Relief by The court of appeals for the Ninth circuit, in an unpublished opinion, affirmed in part and reversed in part a Washington federal district court's grant of summary judgment to Washington Department of Corrections officials who censored the May, 1999, issue …
$35,000 Award In Indiana Prison Guard Gender Discrimination Suit by On April 18, 2002 an Indiana federal jury awarded Johnana Horn, a prison lieutenant at the Wabash Valley Prison, a $35,000 verdict for gender discrimination by her employer the Department Of Corrections (DOC). In 1998 Horn was working the night …
Male Guards Violate Female Prisoners Right to Privacy by New York state female prisoners at the Bedford Hills Correctional Facility filed a 42 U.S.C. p1983 complaint claiming violations of their right to privacy. The federal district court granted a preliminary injunction based solely on the briefs and affidavits submitted by …
Article • May 15, 2007
Guard's Employment Rights Trump Prisoners' Privacy Rights by New York state female prisoners at the Bedford Hills Correctional Facility filed a 42 U.S.C. p1983 complaint when male guards were assigned to their housing and medical units at night. The prisoners claimed that their constitutional rights to privacy were being violated …
$1,000 Paid in WA DOC Employee's Discrimination Suit by Saiyed I. Hasan, an employee at Washington Corrections Center, filed suit is State Court alleging he was the victim of harassment, discrimination, and false reports. The complaint does not detail the facts, which occurred in 1993. The suit was filed in …
$62,000 Paid In WA DOC Employee's Race/Gender Discrimination Suit by Dorothy J. Sanders, an employee of the Washington Corrections Center in Shelton, filed suit in the U.S. District Court, Western District of Washington, alleging that in 1997 she was forced to work in a hostile environment due to her race …
9-11 Detainees' Suit Survives Government's Motion to Dismiss by Matthew Clarke By Matthew T.Clarke On. September 27, 2005, a federal district court in New York issued a 70-page, unpublished memorandum and order granting in part and denying in part the defendants' motion to dismiss civil rights conditions-of confinement claims brought …
Article • May 15, 2007
Political-Party Discrimination Rampant in Puerto Rico; Damage Award Upheld by In 2000, Mirla Rodriguez-Marin (Marin) and Ana Escobar-Pabon (Pabon) were high-ranking officers in Puerto Rico's Administration of Corrections (AOC). Both were members of the New Progressive Party (NPP). That year's incumbent Governor was a member of the Popular Democratic Party …
Iowa Supreme Court Holds Prison Sex Offender Screening Process Constitutional by On October 22, 2004 the Iowa Supreme Court ruled on a prisoner's claim that a prison rule concerning sexually violent prisoners enacted after his imprisonment effectively removed him from consideration for early parole. The court held that although the …
Article • May 15, 2007
CO Prisoners Need Not Obtain Post-Conviction Relief Before Filing Malpractice Suit Against Trial Lawyers by Geoffrey Rantz was convicted in a Colorado court of sexually assaulting two boys and sentenced to sixty-years in prison. While his case was on appeal, Rantz filed a malpractice suit against his trial lawyers. The …
Soverign Immunity Bars Prisoners ADA Damage Claim by The Third Circuit Court of Appeals has held that a prisoner is not entitled to bring a claim for damages in a suit under Title II of the American with Disabilities Act (ADA). This lawsuit was brought by New Jersey prisoner Oliver …
Article • May 15, 2007
California Sex-Offender Registration Requirement Held "Not Punishment" by John Dannenberg By John E. Dannenberg Overruling its own precedent, the California Supreme Court held that mandatory sex offender registration does not amount to punishment, and that a lifetime registration requirement therefore cannot be deemed unconstitutional "cruel or unusual punishment." Leon Alva …
Article • May 15, 2007
Female Only Guard Posts Approved by The Ninth Circuit Court of Appeals held a policy at Hawaii's Women's Community Correctional Center that designates six posts as available as only assignable to women guards is a reasonable response to concerns about prisoner privacy and allegations of abuse by male guards. The …
Article • May 15, 2007
District of Columbia Sex Offender Registration Unconstitutional by The public notification provisions of the D.C. Sex Offender and Registration Act deny due process because they provide no opportunity for sex offenders to contest whether such notification is necessary to protect the public. There is a liberty interest under the "stigma-plus" …
BOP Prisoner Bystander Hurt in Gang Fight States FTCA Claim by The plaintiff sued under the Federal Tort Claims Act alleging that prison staff negligently permitted him to be injured as a result of a gang fight in which he was not involved, and that he did not receive proper …
Parole Condition Banning Pornography Too Vague by The defendant, convicted of possessing child pornography, was forbidden as a condition of post-incarceration supervised release to possess any pornography, child or otherwise. The court rejects the government's position that the condition isn't ripe for judicial review until it is enforced, since it …
Parole Board Can Consider Dismissed Sex Offenders by The plaintiff's sex offense charge had been dismissed as part of a plea bargain, with the parole board forbidden to consider it. Seventeen years later, prison staff classified him as in need of sex offender treatment. He was paroled and then his …
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