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D.C. Agrees to Pay $40,000 to Settle Excessive Force & Inadequate Medical Care Claims by On September 23, 2002, the District of Columbia agreed to pay $40,000 to a man who was assaulted by guards at the D.C. Central Detention Facility. Mark Franklin, unaware of protocol used for moving prisoners …
$340,000 Settlement for Federal Prisoner Severely Beaten by Cellmate While Handcuffed by Lonnie Burton On October 2, 1997, the United States agreed to pay a federal prisoner a total of $340,000 to settle a lawsuit filed just months earlier alleging that negligence and deliberate indifference on the part of prison …
$55,000 Settlement for Federal Prisoner Repeatedly Raped By Guard by Lonnie Burton On November 20, 2003, a federal prisoner settled a lawsuit she filed against the United States, a guard, and the warden at a federal prison in San Diego on a claim that she was repeatedly raped by a …
Arizona Fines Wexford SIOK for Neglect, Hep-C Exposure by Arizona's Department of Corrections (ADC) disciplines private contractors like parents who banish teenagers to the cozy confines of their bedrooms. Wexford Health Sources, which recently took over prisoner healthcare in Arizona after winning a three-year. $349-million contract, was lined a paltry …
Article • September 9, 2016
Citizen's Wrongful Detention suit against ICE 'reinstated by Second Circuit by Derek Gilna Viterbo Liranzo was a U.S. citizen through section 321 of the Immigration and Naturalization Act (INA), which conferred derivative citizenship on children of U.S. citizens, even though neither parent nor the child requested it. Liranzo was unaware …
Former New Mexico Jail Lieutenant's Prisoner Mistreatment Convictions Upheld by On February 28, 2012, the Tenth Circuit court of appeals upheld the convictions of a former guard lieutenant for abusing prisoners and falsifying records at two different New Mexico jails. Based on speedy trial and exclusion-of-evidence grounds, John Gould, a …
Suicides Plague North Carolina Prison System by Four suicides occurred in North Carolina state prisons during a 17-day period from April 19 to May 5, 2016, bringing the total number of self-inflicted prisoner deaths to five this year and surpassing last year’s total of three. An investigation by The Charlotte …
Louisiana Sheriff Faces Recall Petition, Federal Indictments by Organizers hope that a petition circulating throughout Louisiana’s Iberia Parish will result in the recall of Sheriff Louis Ackal. According to Donald Broussard, the activist who started the petition, a “dark cloud is being cast over Iberia Parish” due to corruption attributed …
Article • September 2, 2016 • from PLN September, 2016
North Carolina Prisoners and Former Employees Describe “Boom-Boom Room” by Inside the Lumberton Correctional Institution, a medium-security prison near Fayetteville, North Carolina, there is said to be an isolated office known as the “boom-boom room.” There, according to prisoners and former staff members alike, unlucky prisoners were taken by guards …
Publication • September 1, 2016
Civil Rights Plaintiffs Can Defeat Qualified Immunity Defenses and Get Frivolous Appeal Sanctions, Rosen, 1999.pdf CIVIL RIGHTS PLAINTIFFS CAN DEFEAT QUALIFIED IMMUNITY DEFENSES AND GET FRIVOLOUS APPEAL SANCTIONS: THEY SHOULD TRY MORE OFTEN!  Sanford Jay Rosen April 1999 INTRODUCTION This article is about recent United States Supreme Court and …
Article • August 24, 2016
Appeal for Summary Judgment Upheld for Qualified Immunity by The Eleventh Circuit Court of Appeals upheld a Georgia Federal District Court’s order granting dismissal of a lawsuit alleging use of excessive force on a prisoner. On January 28, 2007, Reginald Fennell was arrested for several misdemeanor charges. As he was …
Article • August 24, 2016
Sixth Circuit Affirms Denial of Qualified Immunity for Michigan DOC Officials by On February 6, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed a denial of qualified immunity for three Michigan prison officials accused of violating the First Amendment and the Religious Land Use and Institutionalize Persons …
Wrongful Death Lawsuit Spurs Re-Training of Syracuse, N.Y. Jail Guards by In the wake of a wrongful death lawsuit filed by a former prisoner's widow, guards at the Onondaga County Justice Center Jail in Syracuse, N.Y., have purportedly been re-trained in the humane treatment of prisoners with drug abuse and …
Article • August 23, 2016
Department of Justice Publishes Report on Non-Federal Law Enforcement Hiring by Matthew Clarke In October 2012, the bureau of Justice Statistics of the U.S. Department of Justice published a report on the hiring and retention of state and local law enforcement officers in 2008. The report showed a strong growth …
Eighth Circuit Affirms Denial of Qualified Immunity by The Eighth Circuit Court of Appeals upheld the denial of qualified immunity to two guards on failure-to-protect claims. Minnesota prisoner Kenneth Young was assigned to Edward Whitefeather’s cell. Almost immediately, Whitefeather threatened Young, telling him that “he would do whatever he wanted …
Rikers Island Excessive Force Monell Claims Survive Dismissal by Mark Wilson A New York federal court refused to dismiss Monell Claims in a Rikers Island excessive force case. On September 28, 2013, Bobby White was incarcerated at Rikers Island, when guard Marlene Ocasio sprayed him with a chemical agent and …
Article • August 11, 2016
Fourth Circuit: No Qualified Immunity for Police Shooting Homeowner without Warning by The Fourth Circuit Court of Appeals affirmed the denial of qualified immunity to police who repeatedly shot a homeowner without warning. Just after 11 p.m., on May 2, 2007, a 911 call reported "that an altercation was occurring …
Article • August 11, 2016
Washington State Settles Over Negligent Oversight of Sexual Predator by As a result of an egregious and ongoing episode of gross negligence on the part of caseworkers and their supervisors responsible for the supervision of Daniel Martineau, a repeat sexual predator, the State of Washington Department of Corrections (DOC) settled …
San Diego County Hit With $3 Million Dollar Jury Verdict In Prisoner Jail Death by Derek Gilna In 2011, Daniel Sisson, a 21-year-old asthma-sufferer with a severe heroin addiction and already in a drug-diversion program in San Diego County, California, was arrested again for drug possession. When he went with …
Iowa Jail Guard Who Tased Mentally Ill Woman Missed Training for Three Years by After a guard tased a mentally ill woman in October 2013 to compel her to change her clothes, officials at the Muscatine County, Iowa, Jail are considering requiring less Taser training for guards rather than more. …
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