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Qualified Immunity Denied in Washington Rape of Transsexual Prisoner by The Ninth Circuit Court of Appeals has denied a Washington guard's claim of qualified immunity in sexually assaulting a transsexual prisoner. The Court also held the protection afforded by the Gender Motivated Violence Act (GMVA) extends to transsexuals, but upheld …
$350,000 Verdict in Dirty Dancing Suit; Punitive Damages Vacated by John E Dannenberg AU.S. district court jury in Washington, D.C., awarded female D.C. Jail prisoner Sunday Daskalea $350,000 in compensatory damages and $5 million in punitive damages against the District and the Department of Corrections Director, Margaret Moore, for Daskalea's …
Michigan DOC Sex Abuse Suit Nets Nearly $4 Million by Roger Smith On February 7, 2000, Michigan DOC officials agreed to settle a lawsuit with 32 women prisoners for $3,787,000 in damages, costs, and attorney fees. The women sued in a Michigan federal district court after being sexually abused by …
$1.18 Million in Santa Clara Co. Sexual Assault/Harassment Suit by $1.18 Million In Santa Clara Co. Sexual Assault/Harassment Suit Female prisoners were awarded a total of $1,180,000 in damages and attorney's fees in the settlement of a suit filed against the Santa Clara County, California, Board of Supervisors and Department …
DC District Court Denies Guards' Summary Judgment Retaliation Case by A federal district court in the District of Columbia has denied prison guards' motion for summary judgment and set for trial a civil rights suit alleging that guards retaliated against prisoners who complained of a guard's repeated unsolicited sexual propositions. …
PA Prisoner Awarded $300,000 in Guard Beating by On February 29, 2000, a federal jury in Pittsburgh, Pennsylvania awarded Pennsylvania prisoner Raymond Pryer $300,000 in damages for a beating he suffered at the hands of prison guards. On September 27, 1990, Pryer complained that a guard at the State Correctional …
Wackenhut Wracked by Sexual Abuse Scandals by Ronald Young Wackenhut Wracked By Sexual Abuse Scandals by Ron Young After a decade as a leading operator of corporate-owned prisons, Wackenhut Corrections has become a prisoner of its own problems. In New Mexico, a 500-page legislative report written by five consultants calls …
Women in Prison: GAO Report by Julia Lutsky Reviewed by Julia Lutsky During the calendar years 1995 to 1998, approximately 31,400 women prisoners in the three largest U.S. jurisdictions made a total of 506 allegations of staff sexual misconduct; of these only 92, or 18 percent, were sustained. "Because many …
City Liable for Jail Sex Shows and Nude Dancing by PLN has extensively reported on the prevalence of sexual assault and sexual harassment of women prisoners in District of Columbia prisons and jails. In "Our Sisters Keepers," by Daniel Burton Rose, [PLN, Feb. 1999] we reported on women prisoners in …
Virginia DOC Says 'No Pattern' of Sexual Abuse by In 1999 the Virginia Department of Corrections conducted an internal review of 44 complaints of sexual assault, harassment and fraternization between prisoners and staff of the Fluvanna Correctional Center for Women, all since the prison opened in April 1998. Even though …
Michigan Legislature Kills Class Action Suit by Female Prisoners by Maia Justine Storm In March, 1996, seven women pris- oners filed suit in the Washtenaw County Circuit Court against the Michigan Department of Corrections, Director Kenneth McGinnis, and ten individual wardens and officers. (96-6986 CZ) The complaint alleged that the …
Michigan DOC Settles DOJ Sexual Abuse Lawsuit by Maia Justine Storm This past May, the Michigan Department of Corrections (MDOC) agreed to settle a lawsuit filed by the U.S. Department of Justice (DOJ) which alleged a pattern and practice of sexual misconduct and invasions of privacy at the women's prisons …
1999 Washington State Legislative Roundup by The 1999 Washington legislature created or amended far too many statutes of interest to our readers to adequately summarize, but here are some highlights: Custodial Misconduct makes it a class C felony for an employee or contract personnel of a correctional agency [or] law …
Prisoner Strip Search Warrants Fourth Amendment Analysis by Ronald Young The court of appeals for the Fifth circuit held that a prisoner's Fourth Amendment claim alleging unreasonable multiple strip searches performed on him by a female guard were not frivolous, as would warrant dismissal under the PLRA. The court also …
Arizona DOC Settles Sexual Abuse Suit by On March 11, 1999 the Arizona Dept. of Corrections (ADOC) agreed to settle a lawsuit filed by the U.S. Dept. of Justice (DOJ) which alleged that state prison officials failed to protect female prisoners from systemic sexual abuse, misconduct and harassment by guards. …
ADOC Settlement Terms by -Additional staff training on sexual misconduct and prisoner privacy issues. -Implementation of a program to inform the state's 1,810 female prisoners about their rights. -Requiring all male prison employees who may be alone with a female prisoner to notify a supervisor. -Providing two 15-minute periods a …
Eighth Circuit Reinstates $80,000 Damage Award in Rape Case by The court of appeals for the eighth circuit held that an Arkansas state prisoner was entitled to damages for both the state tort of "outrage", and for a constitutional violation. The court reinstated the full $80,000 damage award against the …
Our Sisters' Keepers by Daniel Burton-Rose No one can imagine. What it's like. Not unless you've gone through it. Christina Foos has. While incarcerated in a for-profit prison in Arizona, Christina says she was accosted by a guard, Ernesto Rivas, as she stepped out of the shower in March of …
An End to Silence by Paul Wright An End to Silence: Women Prisoners' Handbook on Identifying and Addressing Sexual Misconduct is a 67 page booklet published by the National Women's Law Center. The booklet is designed for women prisoners, their advocates, prison officials and attorneys. It contains chapters on recognizing …
Sexual Harassment Actionable by The court of appeals for the seventh circuit held that sexual harassment by prison staff is actionable under 42 U.S.C. § 1983. The ruling is important because it defines when prison staff act under "color of state law" for liability purposes. Eric Walker, an Illinois state …
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