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Article • September 15, 2009 • from PLN September, 2009
No Qualified Immunity for Guards Who Failed to Help Vomiting Prisoner Who Died by The U.S. Court of Appeals for the Eighth Circuit has affirmed a denial of qualified immunity for three Greene County, Arkansas jail guards accused of violating a prisoner’s Eighth Amendment rights. On January 4, 2002, Phil …
Article • September 15, 2009 • from PLN September, 2009
California Prison Still Subpar, Grand Jury Finds by The Pleasant Valley State Prison (PVSP) in Coalinga, California continues to suffer from overcrowding and inadequate medical care, according to a March 25, 2009, report by the Fresno County Grand Jury. As part of section 919(b) of the California Penal Code, grand …
Article • September 15, 2009 • from PLN September, 2009
Filed under: News, News in Brief
News in Brief: by Arizona: On July 17, 2009, 27-year-old Danny Torres, a guard at the Corrections Corporation of America run Saguaro Correctional Center in Eloy, was shot and killed during a home invasion robbery in Tucson. Pima County Sheriff’s Deputy Dawn Barkman said Torres was one of three men …
$1,000 Jury Award to Beaten Missouri Prisoner by A Missouri federal jury awarded a prisoner $1,000 on a state law battery claim. The award came after trial on several claims brought by Eugene Kenneth Jones-El for damages he incurred while imprisoned at Missouri’s Eastern Reception Diagnostic and Correctional Center (ERDCC). …
Article • September 15, 2009
$13,500 Settlement in Premise Liability Claim by Washington State’s King County Jail has paid $13,500 to Sandra K. Thompson for injuries that occurred when she stepped in a hole in the sidewalk of the Juvenile Justice Center, which caused her to step into a bigger hole. As a result, she …
Article • September 15, 2009
$14,000 Settlement in Accident Caused by County Employee Running Red Light by Washington State’s King County has paid $14,000 to settle the claim of Galina Labaz, who was injured when her car was hit by a county vehicle driven by King County employee Debra Hindman. As she was driving through …
Article • September 15, 2009
$14,000 Settlement in Seattle Jail Excessive Force and Failure to Treat Seizure Disorder by Washington State’s King County paid $14,310.10 to settle the claim of Nikki Stivers, who was arrested on October 1, 2002 by Federal Way police at her home on a warrant. Stivers’s partner warned police that she …
Article • September 15, 2009
$3,500 Settlement in Failure to Disclose Public Records by Washington State’s King County paid $3,470.70 to settle a lawsuit claiming a violation of Washington’s Public Disclosure Act. The suit was filed on behalf of Dionne Credit, who sought copies of the internal investigation of the April 4, 2004 assault of …
Article • September 15, 2009
$3,600 Returned Following Dismissal of Forgery Charge by Washington’s King County Jail has returned $3,600 to a man arrested and charged with forgery on July 2, 1999. The money was confiscated upon arrest. The charges against Ervin B. Harvey were subsequently dismissed. King County settled Harvey’s April 14, 2004 claim …
Article • September 15, 2009
$3,600 Settlement in Public Records Violation Claim by Kitsap County by Washington State’s Kitsap County paid $3,600 to settle the claim of Shawn Orndorff, who claimed that between January 12, 2004 and May 4, 2005, the Kitsap County Prosecutor’s Office failed to provide public records he had requested. On October …
Prisoner Not Allowed to Sue One DOC in Another State by The Seventh Circuit Court of Appeals in Illinois held that New Mexico Department of Corrections (NMDOC) officials cannot be sued in Illinois due to lack of personal jurisdiction. Jimmy Kinslow, an NMDOC prisoner, was transferred in 1995 to the …
Same Sex Guard Requirement Violates Title VII by The Seventh Circuit Court of Appeals held that a correctional institution was wrong for changing its policy to exclude guards from supervising prisoners of the opposite sex on certain shifts. The Court did, however, deny claims of workplace harassment and retaliation. In …
Article • September 15, 2009
Search of Parolee’s Home One to Two Hours After Search During Traffic Stop Unreasonable, Court Holds by On April 29, 2008, the Court of Criminal Appeals of Tennessee affirmed a lower court’s order suppressing evidence recovered during the search of a parolee’s home. Charlotte Turner was stopped by police for …
Article • September 15, 2009
Sentence Enhancements Do Not Affect DOSA Sentence by A DOSA (Drug Offender Sentencing Alternative) sentence may include time that arises from a sentencing enhancement, the Court of Appeals of the State of Washington decided. Ray Roy Gutierrez pleaded guilty to delivery of a controlled substance. He was sentenced to 40 …
Seventh Circuit Affirms Denial of Deliberate Indifference Claim by On July 14, 2008, the U.S. Court of Appeals for the Seventh Circuit upheld a grant of summary judgment for two doctors accused of deliberate indifference. Greg Duckworth, an Illinois prisoner, sued two prison physicians after it was discovered that he …
Article • September 15, 2009
Split Decision in Termination Proceeding of Two Guards Required Revote by A split decision in termination proceedings by the Imperial County Employment Appeals Board of two California prison guards required a revote, the California Court of Appeal, Fourth Appellate District, held July 22, 2008. Richard Lopez and Rosario Lopez, correctional …
State May Lawfully Punish Sex Offender for Refusing to Participate in Sex Offender Program by Sex offenders may be denied certain privileges for refusing to participate in a sex offender treatment program without running afoul of the First and Fifth Amendments, the U.S. Court of Appeals for the Third Circuit …
Article • September 15, 2009
Supervised Release Period Does Not Begin When Federal Prisoner Is Transferred To Pre-Release Custody by A federal prisoner's period of supervised release does not commence upon transfer to a halfway house, jail or other component of community confinement, the U.S. Court of Appeals for the Ninth Circuit decided November 7, …
Article • September 15, 2009
Time Served In Excess of Base Term Cannot Be Used to Reduce Parole Period by The California Court of Appeal for the First Appellate District has affirmed the denial of a habeas petition filed by a parolee seeking discharge from parole based on time served in excess of the prisoner’s …
Article • September 15, 2009
How About a Small Bank Specializing in Loans to Ex-Cons? by Jeffrey Ross by Jeffrey Ian Ross, Ph.D., Stephen C. Richards, Ph.D. and Nicholas Vasquez, M.D. Our nation's population of ex-convicts, growing and showing no signs of slowing down, is a billboard for dysfunction. Americans say they want to reduce …
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