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Federal "Relation Back" Doctrine Intended To Expand, Not Limit, Prisoners' Rights by New Jersey State prison officials, guards and riot team personnel (defendants) moved for summary judgment dismissal of an amended 42 U.S.C. § 1983 complaint following a 30 day lockdown at the Bayside Prison. The amendment allowed an already …
Article • February 15, 2009
Ohio Pays $552,500 For 13 Years Of Wrongful Imprisonment by Ohio ex prisoner Anthony Green settled his wrongful imprisonment action against the Ohio Department of Rehabilitation and Correction for $552,500. He had been imprisoned for 13 years. Green was found guilty by a Cuyahoga County jury for rape and aggravated …
Article • February 15, 2009
Oregon Prohibits Public Individuals' Cause Of Action Elimination Absent Adequate Substitution by The Oregon Health Sciences University (OHSU) sought review of an appellate ruling disregarding statutory provisions and allowing claims against the OHSU's individual defendants for neglect causing permanent brain damage to Jordan Clarke in 1998. Clarke's guardian, Sari, sought …
$2,000 Settlement For Federal Prisoner's Lost Property And Legal Work by Wisconsin federal prisoner Joseph Davis brought a combined 42 U.S.C. § 1983 and federal tort action in 1997 after guards lost his property and legal documents, and assaulted him during a transfer to another prison. He claimed that he …
Federal Prisoner Sues For $1 Million After Being Raped By Guard by Kentucky federal prisoner Katherine West Wegner (plaintiff) brought a federal tort action for $1 million in 1995 after being raped by a Bureau of Prisons (BOP) guard. The guard had prior known incidents of such behavior that went …
Federal Prisoner's Suit Settles For $1,500 after Falling From Bunk by Virginia federal prisoner Glen Francis brought a federal tort action in 1995 for $200,000 after being injured at FCI Petersburg while climbing down from his bunk. The suit settled for $1,500. Francis was on his top bunk when FCI …
Article • February 15, 2009
Mississippi To Ensure Deaf Citizen's Right To Jury Participation by Harrison County (Mississippi) entered into a settlement agreement with the U.S. Department of Justice (DOJ) ensuring deaf and hard of hearing individuals' right to participate in circuit court programs and services. This came after Mississippi resident Charles Carver was disqualified …
Article • February 15, 2009
Montana Detention Center May Not House Out Of State, Federal Prisoners by Montana Attorney General Mike McGrath, upon request of Hardin City Attorney Rebecca Convery, issued an opinion that detention center officials lack the authority to contractually house out of state and federal prisoners. A reportedly $20 million detention center …
Article • February 15, 2009
Montana Prison Settles Suit For Employees' Interrupted Lunch Breaks by Fourteen Montana State Prison (MSP) employees brought suit against the state Department of Corrections for reimbursement after allegedly working through their lunch breaks. The suit for damages in excess of $250,000 settled for $124,000. MSP employees consisting of three shift …
N.Y. Affirms Multiple Accumulating DOC Disciplinary Proceedings For Same Incident by New York State prisoner Derek Josey sought review of an intermediate appellate court ruling allowing the Department of Correctional Services (DOCS) to punish him multiple times for the same incident. New York’s highest court ruled that res judicata did …
N.Y. Corrections Veteran Awarded $150,000 For Retaliation by New York State guard Patricia Luca brought 42 U.S.C. § 1983 action against Nassau County, it's police and sheriff's departments, Civil Service Commission and various individuals. She alleged gender discrimination and retaliation for having filed a sexual harassment complaint. Luca was awarded …
Article • February 15, 2009
N.Y. Guards Remain In Nassau Correction Center Kitchens by The Nassau County (New York) Sheriff Officer's Association, Inc. (SOA) appealed their preliminary injunction denial allowing civilian workers and supervisors to replace guards at the Nassau County Correction Center (NCCC). The denial was reversed. The SOA filed suit after kitchen workers …
Article • February 15, 2009
N.Y. Land Records' Denial Remanded For Privacy, Preparation Determination by Nationally operated Data Tree, Inc., LLC., sought review of an appellate affirmation denying public land records requested under the state's Freedom of Information Law (FOIL). The denial was reversed and remanded for an in camera inspection to determine electronic accessibility …
Nassau County Attorney's Representation Of Assistant D.A. Terminated For Suspicion by Nassau County (New York) and District Attorney Dennis Dillon appealed an order granting reimbursement for private counsel obtained by Assistant District Attorney Marie Salem in a 42 U.S.C. § 1983 defamation suit. The County also appealed a protective order …
Article • February 15, 2009
$316,131 Settlement In Ex BOP Employee's Civil Rights Suit by Former Federal Bureau of Prisons (BOP) employee Shelly Sheets brought a 42 U.S.C. § 1983 action against the BOP in 1997, alleging disparate treatment, sexual harassment and retaliation. A jury awarded Sheets a total of $316,131. Sheets, a seven year …
Article • February 15, 2009
Allegedly Beaten Federal Prisoner Settles For $75; Pays § 1983 Filing Fee by Brian Lane, a Bureau of Prisons prisoner, brought a pro se 42 U.S.C. § 1983 action in 1998 after allegedly being beaten by USP Terre Haute guard Fred Thomas, Jr. The suit settled for $75 in 2000. …
BOP Medical Worker's Race Based Termination Suit Settles For $65,000 by West Virginia resident and ex Bureau of Prisons medical employee, Darrick Leacock, brought a 42 U.S.C. § 1983 action in 1995 against United States Attorney General Janet Reno after allegedly being discriminated against and subsequently fired due to his …
Article • February 15, 2009
BOP Offers $150,000 Settlement After Prisoner Was Raped By Guard by Kentucky federal prisoner Vileiby Rosado brought a federal tort action in 1995 for $500,000 after being raped by a Federal Bureau of Prisons (BOP) guard who had prior undisciplined incidents for similar conduct. A $150,000 settlement was offered by …
Article • February 15, 2009
California Assesses Retroactive Fees For Courthouse Construction by California State prisoner Timothy McCoy appealed the assessment of fines and penalties after violating the terms of his probation. The assessment was affirmed after resolving ambiguous statutory provisions. The court noted that the decision was only applicable in Los Angeles County and …
Article • February 15, 2009
California Court Security Maintenance Fee Held Retroactive, Not Punitive by California State prisoner Tracy Alford sought review of an appellate affirmation allowing the retroactive imposition of a fee in addition to his sentence. The court held that the fee was not punitive and that the Legislature clearly intended for the …
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