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Article • July 15, 2009
New York Liable for Foreseeable Prisoner-on-Prisoner Assault; Prisoner Awarded $80,000 in Damages by A New York Court of Claims found that prison officials were 100% liable for injuries incurred from a foreseeable prisoner-on-prisoner assault at the Auburn Correctional Facility. On July 17, 2003, prisoner Alexis Irizarry was assaulted by prisoner …
Georgia Sheriffs are Not County Employees, Allowing Suit by Estate of Court Reporter Killed by Prisoner to Proceed by A county sheriff in Georgia is not a “county employee” for workers’ compensation purposes, the Georgia Court of Appeals decided June 26, 2008. This ruling clears the way for a tort …
Ion Spectrometry Suit Survives Initial Screening by A lawsuit challenging the Bureau of Prisons’ (BOP) use of ion spectrometry equipment has survived screening under 28 U.S.C. §1915A. Chris Dehmer, a federal prisoner, sued the BOP after he was denied visitation after one of his visitors tested positive for drugs on …
Jury Awards Guard $150,000 for Retaliation; Court Awards an Additional $800,000 by A Nassau County federal jury has awarded a county jail guard $150,000 for discrimination and retaliation that occurred as a result of a prior sexual harassment suit. Patricia Luca, a guard for 12 years, sued Nassau County, its …
Lesbian Guard Awarded $200,000 for Unlawful Discrimination, Retaliation by A New York appellate court has upheld an award of damages for a lesbian guard who was subjected to unlawful discrimination and retaliation. Alicia Humig, the only female guard on her cell block at the Wende Correctional Facilitiy, filed a complaint …
Court Enforces Settlement Agreement Despite Absence of Confidentiality Clause by U.S. District Judge Joe Billy McDade has ordered the enforcement of a settlement agreement between the State of Illinois and the family of a prisoner who died in his cell due to hypothermia. The estate of Charles Platcher sued Illinois …
Court Rejects Claims by Chaplains Duped Into Working for Free by A California court has rejected a suit by a group of chaplains who alleged that they were not paid overtime for their work in excess of eight hours a day and/or 40 hours a week. The chaplains sued Santa …
Article • July 15, 2009
Court Rejects Self-Analysis Privilege; Orders Jail Officials to Comply with Subpoena by U.S. Magistrate Judge Diane Welsh has granted a motion to enforce a subpoena for records in a class action suit challenging the adequacy of medical care at the Bucks County Correctional Facility in Pennsylvania. The plaintiffs served a …
Article • July 15, 2009
Discretionary Function Exception Shields State from Liability in MTCA Action by On June 21, 1999, the Supreme Judicial Court of Maine affirmed a grant of summary judgment to the State of Maine in a Maine Tort Claims Act (MTCA) case regarding the alleged negligence of a guard who closed a …
Eleventh Circuit Reverses Dismissal of 8th Amendment Medical Indifference Claim by The U.S. Court of Appeals for the Eleventh Circuit has reversed the dismissal of a lawsuit brought by a federal prisoner alleging deliberate indifference to his serious medical needs. Enrique Acosta brought suit against unknown named personnel of the …
Article • July 15, 2009
Supreme Court Holds Magistrate Judge May Conduct Voir Dire Without Defendant’s Personal Consent by A federal magistrate judge may conduct voir dire in a criminal case upon consent of a defendant’s attorney. No personal consent by a defendant is necessary, the Supreme Court decided May 12, 2008. Homero Gonzalez was …
Brief • June 18, 2009
Benkahla v. Federal Bureau of Prisons, IN, Proposed Amended Complaint, Wrongful CMU Confinement, 2009 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION ) ) ) Plaintiff, ) ) v. ) ) Federal Bureau of Prisons; ) Eric H. Holder, Attorney General of the ) United States; Harley …
Settlements You Can't Sign: Ethical Implications of Chicago's Machinery of Denial by Craig Futterman By Craig B. Futterman, Jason E. Huber, and Pier Petersen1 Introduction On February 28, 2006, Carlos Salazar,2 a Latino construction worker in his early 40s, had just picked up his mother from a health clinic on …
Article • June 15, 2009
West Virginia Supreme Court Upholds Regional Jail Payments From Counties by The Regional Jail and Correctional Facility Authority (Authority) of West Virginia filed an original mandamus action in the Supreme Court of Appeals of West Virginia to compel the County Commission of Cabell County (County) to fulfill its obligation to …
Alaska Prisoners May Assert Third-Party Beneficiary Claim Against Contract Medical Provider by Alaska prisoners may bring a third-party breach of contract claim against contract medical providers for medical negligence, the U.S. Court of Appeals for the Ninth Circuit decided August 28, 2007. Joseph Miller, an Alaska prisoner, sued Corrections Corporation …
Article • June 15, 2009
Arkansas City Settles Dispute Over Housing Prisoners In County Jail by The City of Pine Bluff, Arkansas reached a settlement with Jefferson County, Arkansas over a declaratory judgment regarding the meaning of the phrase "prisoners of municipalities" as used in an Arkansas statue governing how jail costs are appropriated between …
$200,000 Settlement in Sexual Harassment by Washington State’s King County paid $200,000 to settle the sexual harassment and hostile work environment claim of Jacqueline Galvan, who made claims relating to her employment at the Department of Adult and Juvenile Detention. The lengthy complaint in civil court details events from July …
$325,000 Award for Virginia Sheriff's Sexual Harrasment, Battery and Harassment by On January 15, 2008, a federal jury awarded a former sheriff's deputy $325,000 for battery and sexual harassment she suffered at the hands of a former sheriff. Lespia King, 22, a former deputy at the Roanoke City Jail in …
$899,500 Award in NY DOCS Medical Negligence Resulting in Leg Amputation by A New York Court of Claims awarded a former prisoner a total of $899,500 in a medical negligence claim. As a result of the delays and neglect in treatment of William C. Stephens’s peripheral vascular disease (PVD) by …
Colorado Prisoners’ Access to Courts, ADA Claims Allowed to Proceed by U.S. District Judge John L. Kane, Jr. has allowed a group of Colorado prisoners to pursue access to court and ADA claims against the Colorado Department of Corrections. Steven Marquiz, Steven Clouse and several other Colorado prisoners sued the …
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