Maryland State Damages Cap Trumps Federal Awards For 11 Year Old Paraplegic by Davita Carter, an 11 year old resident of Illinois and a Marine veteran's daughter, appealed the damages reduction awarded her in 2000 after surgery left her a paraplegic. The federal court's award was dictated by Maryland State …
Prison Health Services Physician’s Assistant License Revocation Upheld by On June 2, 2005, a Maryland court of appeals upheld the revocation of a Prison Health Services (PBS) Physician’s Assistant (PA) certificate for fraudulently procuring prescriptions for his adult son. Carl F. Oltman, Sr., was a PA, employed by PHS, contracted …
Maryland Prisoner Wins $230,144 in Police Brutality Suit by Charles Totten, a Maryland state prisoner, tried to escape Baltimore cops John Burns and Stephen Kolackovsky on foot. When they caught him, they cuffed him, slammed his head into the street in a "pile driven" fashion and threw him in the …
Maryland Settles Suit Over Guard Wearing Dreadlocks by On 05-24-04, Maryland settled a suit brought by a prison guard who was disciplined for failing to cut his dreadlocks. Jonathan Booth was a 35-year old, married, black Maryland prison guard when he was ordered to cut his dreadlocks. Booth, who is …
Massachusetts Court of Appeals: Instructional Videotape Not Learned Treatise by On March 15, 1990, a Massachusetts court of appeals ruled that an instructional medical videotape was not a learned treatise and was therefore inadmissible as evidence in a medical malpractice case. Stanley G. Simmons, 69, was a patient of Dr. …
Internal Affairs Reports Available to Maryland Criminal Defendant; 2 Prong Test Discussed by Maryland’s Special Court of Appeals has held that a criminal defendant is entitled to disclosure of a detective’s Internal Affairs Division (IAD) filed, but held the Court must review that file to determine what must be disclosed. …
Maryland Prison Officials Get Qualified Immunity for Prisoner “Retake” Orders by Maryland Prison Officials Get Qualified Immunity for Prisoner "Retake" Orders Based on a state appellate decision concerning sentence credit, prison officials decided they had released some prisoners incorrectly, so they had them arrested and reincarcerated through "retake orders." The …
Audit Reveals Problems with Maryland’s New Prisoner Health Care System by Michael Rigby Audit Reveals Problems with Maryland's New Prisoner Health Care System by Michael Rigby Maryland's new prisoner health care program remained understaffed in 2006, and the state Department of Public Safety and Correctional Services (DPSCS) has yet to …
Guards’ Failure to Enforce Prison No-Smoking Policy May Violate 8th Amendment by Guards' Failure to Enforce Prison No-Smoking Policy May Violate 8th Amendment Dwayne Manning, a federal prisoner, was exposed to cigarette smoke when prison guards didn't enforce the prison's no-smoking policy. He developed medical problems and sued the guards …
Records Unsealed, Doors Re-opened to Proceedings in Maryland Police Shooting Settlement by Maryland newspaper The Baltimore Sun (Sun) sought reversal of a 1999 court order closing courtroom doors and sealing records in a civil settlement for wrongful death following a shooting by police. On a writ of certiorari, the appellate …
Citizen Who Triggered Investigation Against Baltimore Police Refused Access To Report's Findings by Maryland citizen Kevin Briscoe appealed a 1993 court ruling denying the disclosure of investigative records initiated by his complaint against Baltimore police. The court affirmed nondisclosure because Briscoe was not the subject of the investigation. Briscoe and …
Maryland Public Information Act Requires Disclosure of Criminal Case File To Defendant by Maryland's Court of Special Appeals has held that a criminal defendant is entitled to disclosure relating to his prosecution for murder upon request under the Maryland Public Information Act (MPIA) once there is no pending proceeding. Maryland …
Jail Policy of Cross Gender Guard Doesn’t Establish Liability in Guard Rape by The plaintiff alleged that a male guard had engaged in sex with her, taking advantage of her mental and physical state. The officer was fired and entered an Alford plea to criminal charges. A policy of "cross-gender …
Prison Drinking Water and Wastewater Pollution Threaten Environmental Safety Nationwide by John Dannenberg by John E. Dannenberg Aging infrastructure concerns are not limited to America's highways, bridges and dams. Today, crumbling, overcrowded prisons and jails nationwide are bursting at the seams -- literally -- leaking environmentally dangerous effluents not just …
Little State, Big Problems: Maine’s Prison Crisis Continues Unabated by Lance Tapley Little State, Big Problems: Maine?s Prison Crisis Continues Unabated by Lance Tapley Only big prison systems mistreat prisoners, right? Only prison systems where racism, right-wing tough-on-crime attitudes, or prison-industrial-complex power have full reign, like in California or Texas, …
Maryland Prison Audit Reveals Potential Fraud “Undetectable” by Michael Rigby Maryland Prison Audit Reveals Potential Fraud "Undetectable" by Michael Rigby Maryland employees responsible for millions of dollars worth of equipment and funds perform their duties without adequate oversight or fiduciary controls, an audit of the Jessup Region of the Maryland …
Maryland Closes Decrepit, Scandal-Plagued House of Correction by The dilapidated and violent relic known as the Maryland House of Correction (MHC) has finally closed. MHC?s remaining 842 prisoners were transferred on March 16, 2007. The most troublesome prisoners were moved to various federal prisons around the country; the rest were …
Maryland Restores Voting Rights to 50,000 Felons by Annapolis, MD - Governor Martin O?Malley on April 24, 2007, signed legislation re-enfranchising more than 50,000 Maryland residents who have completed their felony sentences of prison, parole, and probation. O?Malley?s support of the ?Voting Registration Protection Act? ends the state?s draconian lifetime …
Summary Judgment on Wrongful Arrest Reversed by The Fourth U.S. Circuit Court of Appeals has vacated and remanded the grant of summary judgment to various state, county, and city defendants by the U.S. District Court of Maryland in a wrongful arrest case. Tray Carter was twice arrested and held in …
Pretrial Detainees May Not Be Disciplined or Denied Family Visits by The United States District Court for the District of Maryland ruled that pre-trial detainees may not be disciplined in any way, and should be permitted to visit with family members and enjoy other privileges. Pre-trial detainees at the Baltimore …
