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Showing Of Malice Under Eighth Amendment Excessive Force Test Not Required For Sexual Assault Claim by Ronald Young By Ronald Young The court of appeals for the Tenth Circuit held that it was plain error to instruct a jury that, to find a prison guard liable on excessive force claim …
Arizona Jury Acquits CCA Escapees by Two Alaska state prisoners on trial for a 1996 escape from a private prison were acquitted by an Arizona jury. The prosecution was undoubtedly stunned by the verdict in what was considered to be an open and shut case. However, the prosecutor in the …
Article • July 15, 2000 • from PLN July, 2000
Private Prison Contract May be Invalid by Private Prison Contract May Be Invalid The Colorado state court of appeals remanded a case to the trial court for a determination of the validity of a private prison contract. The court implied that the contract may be invalid but failed to indicate …
Louisiana Sheriff Busted in Private Prison Scheme by In 1990, Dale Rinicker, then Sheriff of East Carroll Parish (county), Louisiana, saw a lot of money being made in the private "rent-a-jail" business and decided he wanted a piece of the action. So cooked up a scheme that would eventually net …
Prison Realty/CCA Verges on Bankruptcy by Dan Pens On March 31, 2000, Prison Realty Trust, Inc. announced operating losses of $62 million for the year ended December 31, 1999. Its largest subsidiary and chief tenant, Corrections Corporation of America (CCA), reported a net loss of $203 million for 1999. Independent …
Article • June 15, 2000 • from PLN June, 2000
Riot at Private Prison by On November 14, 1999, hundreds of prisoners housed at a privately operated prison in Taft, California, rioted in protest over conditions, according to The Bakersfield Californian. Prisoners at the Wackenhut Corrections run facility broke windows, televisions, and furniture causing some $60,000 in damage at the …
Wisconsin Prisoners Rebel at Private Tennessee Prison by On November 30, 1999, Wisconsin state prison officials were touring the Whiteville Correctional Facility (WCF) in Tennessee. The prison is operated by Corrections Corporation of America (CCA) and houses 1,500 Wisconsin prisoners. Just minutes after WCF warden Percy Pitzer led an entourage …
Former BOP Director Fingered in Sex Scandal by In 1992 Bureau of Prisons (BOP) em- ployee Steven McPeek quietly settled a sexual harassment complaint he leveled against then-BOP director J. Michael Quinlan, according to recently filed court papers. McPeek alleged in his 1992 complaint that Quinlan made sexual advances beginning …
DOJ Investigates CMS Health Care at Missouri Prison by Michael Rigby DOJ Investigates CMS Health Care At Missouri Prison by Michael Rigby Allegations of improper medical treat-ment, lack of medical treatment, and several suspicious deaths at the Women's Eastern Reception, Diagnostic and Correctional Center, a state women's prison in Vandalia, …
CCA Prison Under Gang Control: Death and Injury Suits Filed by Gary Hunter Two suits were filed against Corrections Corp. of America (CCA) in less than a week. On April 15, 2003 the family of Iulai Amani sued CCA and the state of Hawaii for "wrongful conduct" resulting in Amani's …
Article • May 15, 2000 • from PLN May, 2000
Denial of Medication Precludes Summary Judgment by The U.S. district court for the southern district of Ohio held that a genuine issue of material fact precluded summary judgement against an arrestee who was denied needed AIDS medication during his eight-day jail incarceration. Devin Karl Murphy brought a 42 U.S.C. § …
Article • May 15, 2000 • from PLN May, 2000
$600,000 In GA Medical Neglect Suit by On February 27, 1999, a Baldwin county superior court jury in Georgia awarded prisoner Stephanie Stitt $600,000 in damages in a medical neglect suit against Correctional Medical Systems (CMS). Stitt fell and injured her back while playing volleyball at the Baldwin State Prison. …
New Mexico Private and State Prison Phone Rates Challenged by Two separate state court class action lawsuits have challenged the excessive phone rates charged to people who accept collect calls from New Mexico state prisoners. The first lawsuit, Valdez v. Wackenhut Corrections Corporation, was filed on December 30, 1999, in …
Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies by Al Gerhardstein As the number of prisoners in private lock-ups continue to increase, lawsuits filed by them, not unexpectedly, are also on the rise. While that is no surprise to corrections professionals and …
CCA Facility Cited for Sex Scandal by On Sept. 17, 1999, Colorado Dept. of Corrections officials confirmed that they are investigating allegations of brutality, sexual misconduct and drug trafficking involving guards at the CCA-operated Kit Carson Corr. Facility in Burlington, which houses around 650 state prisoners. The investigation began in …
Brazoria Trial Brings Acquittals, Convictions in Jail Beatings by In October, 1999, a federal jury returned acquittals and a minor conviction against private prison guards charged with beating and abusing Missouri prisoners. As previously reported in PLN, some 100 Missouri prisoners were sent to the Brazoria county jail in Texas …
Out-of-State Prisoner Housing Contracts Subject to Long-Arm Jurisdiction by A federal court in Missouri has held that Missouri prisoners whose incarceration was contracted to Brazoria County, Texas, could sue Brazoria County in Missouri. This is a lawsuit filed in Missouri federal district court by Missouri state prisoners who were abused …
Miscarriage is Serious Medical Condition by A federal district court in Maine held that a miscarriage is a serious medical condition, but dismissed a state law medical negligence claim for failure to comply with the pre-suit screening requirements of the Maine Tort Claims Act (MTC). On June 13, 1996, Melissa …
Prison Health Services Refuses to Pay by The U.S. court of appeals for the Eleventh Circuit held that a forum selection clause in an indemnity agreement between the Sheriff of Polk Co., Florida and Prison Health Services (PHS), which allowed contract disputes to be brought in the state circuit court, …
Habeas Challenging Transfer to Private Prison Dismissed by The court of appeals for the Seventh circuit held that habeas corpus was not the proper means to challenge a state statute allowing states to confine their prisoners in private prisons in other states. The court also held that a lawsuit challenging …
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