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BOP's Motion to Dismiss Religious Discrimination Case Denied by A North Carolina District Court has denied the Federal Bureau of Prisons (BOP) motion to dismiss prisoners Lascelles Somie and Oral Malcolm's complaint alleging that the BOP failed to permit them to exercise their Twelve-Tribe Rastafarian religion. The plaintiffs had claimed …
Article • May 15, 2012
BOP Settles Medical Neglect Death Suit by On August 15, 2008, the wife of a deceased federal prisoner settled claims against the Federal Bureau of Prisons (BOP) related to his death. Terms of the settlement are unknown. BOP prisoner Terrance Mallett repeatedly complained of a sore throat and nasal problems. …
Article • May 15, 2012
Eighth Circuit Upholds Dismissal of Arkansas Jail Prisoner’s Excessive Force Claim by The Eighth Circuit Court of Appeals affirmed a lower court's dismissal of an Arkansas prisoner's excessive force claims. On May 22, 2007, prisoners in B-Pod of the Ouachita County Detention Center created a disturbance when they were mistakenly …
Fifth Circuit Issues Landmark Ruling on Texas Prison System Correspondence Rules by Texas state prisoner Guadalupe Guajardo filed a federal civil rights action pursuant to 42 U.S.C. § 1983 challenging the restrictions on prisoners correspondence in Texas prisons. After partial settlement, the court ruled that, because only declaratory judgment was …
Article • May 15, 2012
Fifth Circuit Upholds Censorship of Louisiana Prison-Oriented Newsletter by The publisher of the newsletter for a Louisiana organization advocating for prisoners and a Louisiana state prisoner filed a federal civil rights action pursuant to 42 U.S.C. § 1983 after Louisiana prison system officials refused to distribute a mass mailing of …
Florida Court Permits Female Prisoner's Lawsuit for Forced Sex with Guard to Go Forward by Derek Gilna By Derek Gilna A Florida District Court has permitted parts of a lawsuit by a female prisoner for being forced into sex by a male prison guard to go forward, finding that questions …
Former Connecticut Prisoner's ADA and RA Complaint Survives Motion to Dismiss by Derek Gilna By Derek Gilna Former Connecticut state prisoner Richard Rogues' Section 1983 lawsuit for violations of the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA) has survived a motion to dismiss filed by defendants, including …
Former Pennsylvania Guards Settle Retaliation Suits for $675,000 by Two former Pennsylvania jail guards settled their retaliation claims for $675,000. Lieutenants John Barry and Genevieve Butczynski were employed by Pennsylvania's Luzerne County Prison. In October 2003 both guards made critical comments in a news story which detailed problems at the …
Article • May 15, 2012
ICE Deportation Officer Busted in Drug Smuggling Ring by On October 19, 2011 United States Immigration and Customs Enforcement (ICE) deportation officer Jason Alistair Lowery, 34, led state and federal agents on a high speed chase through the Arizona desert as he tossed bails of marijuana out of his government …
Article • May 15, 2012
Iowa Supreme Court Refuses Miranda Protection for Confession to Case Worker by Derek Gilna By Derek Gilna The Iowa Supreme Court has affirmed a lower-court decision denying defendant Jess John Pearson's Motion to Suppress, based upon the Miranda case for a voluntary confession given to his social worker, who interviewed …
Louisiana Trustee Impregnates 11-Year Old; Trustee Program Cancelled by Louisiana's Morehouse Parish Sheriff's Office has ended its jail trustee work program in the wake of a detainee impregnating his 11-year old step-daughter while on trustee status. Rodney Morrison, 37, was arrested on August 14, 2006, for raping his 11-year old …
Maricopa County Settles Illegal Immigration Detention Suit for $200,000 by On February 11, 2009, Julian Mora, 68, a legal permanent U.S. resident, and his son Julio, 28, a U.S. citizen, were stopped on a public street in Phoenix, AZ, pulled from their truck, handcuffed with zip-ties and taken to an …
California Prison System Settles Employee's Unlawful Discharge Suit for $98,000 by Ruby P. Daniels was employed as a “materials and stores supervisor” at San Quentin Prison after having worked about six years for the California Department of Corrections and Rehabilitation. She is the primary caregiver for her sister, who is …
Article • May 15, 2012
California Prison System Settles Marital Status Discrimination Suit by Terry Dickinson was employed by the California Department of Corrections and Rehabilitation (CDCR) as a Correctional Counselor II in the Inmate Appeals Office at the California State Prison-Solano when Warden Tom Carey and other prison officials allegedly informed him that he …
California Prison System Settles Prisoner's Excessive Force Suit for $1,000 by On May 14, 2007, Tyun Sockee Dodson, a California state prisoner, filed a pro se federal civil rights action under 42 U.S.0 § 1983 alleging he was severely beaten by guards at the Calipatria State Prison without provocation while …
Article • May 15, 2012
California Prisoner's Syringe Possession Conviction Upheld by The Fifth Appellate District of the California Court of Appeals affirmed a prisoner's conviction for possessing a syringe. On January 18, 2007, guards at the Shafter Community Correction Facility witnessed Vicente Perez and another prisoner acting suspiciously. They searched the prisoners and discovered …
Article • May 15, 2012
California Settles Former Parolee's Untreated HIV and Delayed Release Suit for $2,500 by Bradley G. Dreher was a California parolee when he learned that he was HIV-positive. He was seeking treatment, but was arrested and incarcerated for alleged parole violations before he could begin a treatment regimen. He remained in …
California Settles Prison Nurse's Employment Discrimination Suit for $15,000 by Jadesloa O. Atomre was a Registered Nurse working at Folsom Prison when the California Department of Corrections and Rehabilitation took adverse employment action against her. Atomre, a 51-year-old black female naturalized citizen from Nigeria, filed suit in state court alleging …
Article • May 15, 2012
Filed under: Medical, Kidney
California Settles Prisoner's Medical Care Denial Claim for $50,000 by Relaun V. Deadmon, a California state prisoner, filed a civil rights action in federal court alleging that prison officials violated his Eighth Amendment rights by refusing to provide him with a proper diet and medical care for his chronic kidney …
Article • May 15, 2012
California Settles Prisoner's Retaliation and Loss of Property Suit for $500 by California prison officials paid a prisoner $500 to settle his federal retaliation suit. On November 14, 2000, Henry Murray was transferred to the Pleasant Valley State Prison (PVSP) from another California facility. On December 5, 2000, he was …
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