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Oregon Prison System’s Medical Rule and Policy Invalidated

Article • May 5, 2017 • from PLN May, 2017

Filed under: Medical, Staffing, Administrative Procedures Act (State)

Oregon Prison System’s Medical Rule and Policy Invalidated by The Oregon Court of Appeals held in March 2016 that an Oregon Department of Corrections (ODOC) rule which authorized the Health Services clinical director to appoint the chief medical officer for each state prison was invalid because it conflicted with a …

Failure to Accommodate Deaf Prisoner Costs Oregon DOC $400,000

Article • May 5, 2017 • from PLN May, 2017

Filed under: Deaf Prisoners, Americans with Disabilities Act

Failure to Accommodate Deaf Prisoner Costs Oregon DOC $400,000 by On November 3, 2016, a federal jury awarded a deaf former Oregon prisoner $400,000, finding prison officials had violated his civil rights by failing to accommodate his hearing disability. David VanValkenburg, 51, is deaf and must communicate through a sign …

Thomas v. Lincoln County, OR, Complaint, Jail Death, 2017

Brief • April 28, 2017

Filed under: Jail Misconduct, Environmental Law, Jail Specific, Wrongful Death, Mental Health, Failure to Treat (Mental Illness)

Thomas v. Lincoln County, OR, Complaint, Jail Death, 2017 Case 6:16-cv-00562-AA Document 48 Filed 04/28/17 Page 1 of 16 Thomas Melville, OSB# 971282 tom@greshaminjurylaw.com Gresham Injury Law Center 424 NE Kelly Ave. Gresham, Oregon 97030 Telephone: (503) 492-1100 Facsimile: (503) 667-0321 Jennifer Middleton, OSB #071510 jmiddleton@justicelawyers.com Johnson, Johnson & Schaller, …

Oregon: Muslim Prison Visitor Receives $40,000 for Discrimination, Retaliation

Article • April 3, 2017 • from PLN April, 2017

Filed under: Gang Policies, Visiting, Religious Grooming

Oregon: Muslim Prison Visitor Receives $40,000 for Discrimination, Retaliation by The Oregon Department of Corrections (ODOC) agreed to pay a female Muslim visitor $40,000 for religious discrimination and retaliation by state prison guards. Myell Thompson, who converted to the Islamic faith, wears a traditional head covering known as a hijab. …

Early Dismissal of Probationer's Lawsuit on Qualified Immunity Grounds Reversed By Ninth Circuit

Article • March 14, 2017

Filed under: Probation, Sex Offender Treatment

Early Dismissal of Probationer's Lawsuit on Qualified Immunity Grounds Reversed By Ninth Circuit by On March 29, 2016, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed an Oregon federal district court ruling which dismissed a lawsuit filed by a man whose probation was revoked …

Convicted Oregon Teachers Collect $10.8 Million Annual Pensions at Taxpayer Expense

Article • March 14, 2017

Filed under: Sexual Assault, Forfeiture, Pensions

Convicted Oregon Teachers Collect $10.8 Million Annual Pensions at Taxpayer Expense by Oregon teachers who sexually abuse students or commit other felonies still receive sizeable pensions, at a cost to taxpayers of at least $10.8 million annually, according to Freedom Foundation Oregon, a "think and action tank promoting individual liberty, …

Another Oregon Guard Arrested for Sex with Prisoner

Article • March 13, 2017

Filed under: Prisoner-Staff Assault, DOC/BOP misconduct

Another Oregon Guard Arrested for Sex with Prisoner by An Oregon prison guard faces eleven felony sex abuse charges and a misdemeanor official misconduct charge for having sex with a female prisoner, according to court documents and the Oregon State Police. Edgar P. Mickles, 50, began working at the Coffee …

Johns v. City of Eugene, OR, Opinion and Order, 4th and 14th Amendment Rights, 2017

Brief • February 15, 2017

Filed under: Government Misconduct, Racial Discrimination, Fourth Amendment, rights, Fourteenth Amendment, rights

Johns v. City of Eugene, OR, Opinion and Order, 4th and 14th Amendment Rights, 2017 Case 6:16-cv-00907-AA Document 43 Filed 02/15/17 Page 1 of 23 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION ALVIN JOHNS, Case No. 6:16-cv-00907-AA OPINION AND ORDER Plaintiff, v. CITY OF …

One Oregon Prisoner + Sex with Two Jailers = 86 Months in Prison

Article • February 8, 2017 • from PLN February, 2017

Filed under: Sexual Assault, Staff-Prisoner Assault, Misconduct/Corruption, Guard Misconduct, Threats by Staff, Jail Misconduct, Eighth Amendment, Jail Specific

One Oregon Prisoner + Sex with Two Jailers = 86 Months in Prison by Mark Wilson Two Oregon jail employees who pleaded guilty to 40 criminal charges were sentenced to 36- and 50-month prison terms for having sex with the same prisoner 19 times. Jill Curry, 38, a civilian jail …

Marbet v. City of Portland, OR, Export Report, Use of Pepper Spray, 2017

Brief • January 19, 2017

Filed under: Medical, Pepper Spray/Tear Gas, Police

Marbet v. City of Portland, OR, Export Report, Use of Pepper Spray, 2017 Duke University Medical Center Department of Community & Family Medicine Division of Occupational & Environmental Medicine Box 3834, Durham, NC 27710 December 5, 2008 Fax: 919-286-5647 Tel: 919-286-5744 Mr. Alan Graf 1020 Southwest Taylor St. Suite 370 …

In the Matter of the Estate of Samantha Jeanne Robinson, OR, Petition re Settlement, Bacterial Pneumonia, 2017

Brief • January 6, 2017

Filed under: Infections, Medical Neglect/Malpractice

In the Matter of the Estate of Samantha Jeanne Robinson, OR, Petition re Settlement, Bacterial Pneumonia, 2017 1/6/2017 4:21:40 PM 14PB02525 1 2 3 4 5 IN THE CIRCUIT COURT OF THE STATE OF OREGON 6 FOR THE COUNTY OF LINN 7 8 In the Matter of the Estate of: …

Mays v. Deschutes County, OR, Settlement Agreement, Meth Overdose, 2016

Brief • December 16, 2016

Filed under: Seizures, Drug Overdose, Eighth Amendment, Medical Neglect/Malpractice

Mays v. Deschutes County, OR, Settlement Agreement, Meth Overdose, 2016 s r. ET TLE M EN T Á,çßp, .E MEIì{T ôNp R E |,pA,F_H.OF, À rL CrA r MS FARTTES: This effective the and Release of All Claimç ('Agreeräent") is entered into Decemher 2016, by and betwecn thsfollowing I 1. …

Mays v. Deschutes County, OR, Amended Complaint, Meth Overdose, 2016

Brief • November 12, 2016

Filed under: Seizures, Drug Overdose, Eighth Amendment, Medical Neglect/Malpractice

Mays v. Deschutes County, OR, Amended Complaint, Meth Overdose, 2016 Case 6:15-cv-00898-AA Document 58 Filed 11/21/16 Page 1 of 30 JENNIFER L. COUGHLIN OSB 065781 Brothers Hawn & Coughlin, LLP 974 NW Riverside Blvd. Bend, OR 97703 Telephone: 541-382-5885 Facsimile: 541-382-3328 jlc@brotherslaw.com MICHELLE R. BURROWS OSB 896160 420 SW Washington …

Oregon “Incorrigible Masturbator’s” Life Sentence Unconstitutionally Disproportionate

Article • November 8, 2016 • from PLN November, 2016

Filed under: Sex Offenders (Discrimination), Sentencing, Sex Offender Treatment, Civil Commitment

Oregon “Incorrigible Masturbator’s” Life Sentence Unconstitutionally Disproportionate by Mark Wilson The Oregon Court of Appeals held on June 17, 2015 that a true life sentence for “an incorrigible masturbator” was an unconstitutionally disproportionate punishment – a decision subsequently upheld by the state Supreme Court. Under ORS 137.719(1), certain recidivist sex …

Oregon Parole Board Incorrectly Prohibited Legal Assistant from Speaking at Parole Hearing

Article • November 7, 2016 • from PLN November, 2016

Filed under: Parole Board Misconduct, Prisoner Legal Assistance, Parole

Oregon Parole Board Incorrectly Prohibited Legal Assistant from Speaking at Parole Hearing by Mark Wilson Last year, the Oregon Court of Appeals held that a prisoner was improperly compelled to choose between having his mother or a legal assistant speak on his behalf at a parole hearing. Oregon state prisoner …

Oregon Prison Parenting Program Dramatically Reduces Recidivism

Article • November 7, 2016 • from PLN November, 2016

Filed under: Prison Reform, Statistics/Trends, Rehabilitation/Recidivism, Release and Reentry, Extended Family Visiting, Family, Fathers in Prison, Mothers in Prison, Parental rights, Children of Prisoners

Oregon Prison Parenting Program Dramatically Reduces Recidivism by Mark Wilson Oregon prisoners who complete a parenting program are significantly less likely to engage in criminal behavior and substance abuse after release, a long-term study found. More than half of America’s 2.3 million prisoners have children under the age of 18 …

VanValkenburg v. Oregon Department of Corrections, OR, Verdict, Hearing Disability Discrimination, 2016

Brief • November 3, 2016

Filed under: Deaf Prisoners, Americans with Disabilities Act

VanValkenburg v. Oregon Department of Corrections, OR, Verdict, Hearing Disability Discrimination, 2016 Case 3:14-cv-00916-MO Document 183 Filed 11/03/16 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON DAVID D. VANVALKENBURG, Plaintiff, Case No. 3: 14-cv-00916-MO v. VERDICT FORM OREGON DEPARTMENT OF CORRECTIONS, a state …

Warrantless Jail Cell Manuscript Seizure Vacates Oregon Rape Convictions

Article • November 1, 2016

Filed under: Police Misconduct, Jail Misconduct, Evidence, Cell Searches, Prisoner Property, Prisoner Media, First Amendment

Warrantless Jail Cell Manuscript Seizure Vacates Oregon Rape Convictions by Mark Wilson The Oregon Court of Appeals reversed an Oregon man's rape convictions, finding that prosecutors improperly seized a handwritten manuscript from his jail cell without a warrant. Kenneth Everett Moore was arrested on six counts of rape when his …

Oregon Prison Guard's News Broadcast Tort Claims Dismissed

Article • November 1, 2016

Filed under: Media, TV/Movies, First Amendment, Failure to Protect (Staff)

Oregon Prison Guard's News Broadcast Tort Claims Dismissed by Mark Wilson The Oregon Court of Appeals ordered a lower court to dismiss a prison guard's tort claims against a television broadcast company. Around 10:00 p.m., on January 10, 2010, someone fired gunshots in a Salem, Oregon neighborhood. Some of the …

9th Circuit Dismisses Most of Prisoner Wrongful Death Suit

Article • October 24, 2016

Filed under: Guard Misconduct, Prison/Jail Murders, Failure to Protect (General)

9th Circuit Dismisses Most of Prisoner Wrongful Death Suit by Lonnie Burton The U.S. Court of Appeals for the Ninth Circuit has upheld the dismissal of the majority of a lawsuit brought by the estate of a prisoner who was beaten to death by his cellmate. In 1997, prisoner Daniel …