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Article • May 15, 2007
Limits on Prison Labor Union Constitutionally Valid by The U.S Supreme Court ruled that prison regulations limiting the activities of a prison labor union did not violate the prisoners' First and Fourteenth Amendment rights. Prisoner labor union members in the North Carolina Department of Correction filed a § 1983 action …
Article • May 15, 2007
$200,000 Paid for Georgia Prisoner's Improper Detainment by Michael A. Vallone was arrested on three misdemeanor charges and detained at Georgia's Douglas County Jail for 7.5 months. He alleged he was not allowed access to an attorney or bail bondsman, and was virtually lost within the jail system. He was …
$40,000 Paid in Washington Guards' Defamation Suit by Michael and Heidi Malpass, husband and wife, worked at the Washington Corrections Center as guards in 1997. Using hearsay information provided by WCC staff members, Lt. Waller compiled a list of eleven names of persons claimed to be involved in or associated …
Article • May 15, 2007
$200,000 Verdict for Florida Prisoner in Failure to Treat Epilepsy by The plaintiff in this case was arrested and housed in Florida's Broward County Jail. Upon his arrest, he had a history of epilepsy and brought his medication with him to the jail. A doctor employed by defendant Prison Health …
$259,000 Paid in Michigan Guard's Discrimination Claim by Michigan prison guard Kenneth McIntyre, who had been employed for 7 years, had lifting restrictions due to congenital spinal bifida. An MRI disclosed he developed bulging discs and had his lifting restrictions changed from 50 to 20 pounds. The State said he …
Article • May 15, 2007
$260,000 Paid for Washington Parolee's Attempted Rape by On June 27, 1992, Kevin Ingalls assaulted and attempted to rape Deborah Kelly. At the time, Ingalls was on parole. The complaint alleged negligent supervision because Ingalls had violated parole before the incident. On March 25, 2002, the Washington Department of Corrections …
Article • May 15, 2007
$350,000 Awarded in Pennsylvania False Rape Charges by The plaintiff in this case was accused of raping the defendant at knife point in January 1985. The plaintiff was convicted and sentenced to 7.5 to 15 years in prison. The defendant claimed she received threatening letters and phone calls at the …
Article • May 15, 2007
$385,000 Paid to Connecticut Prisoner for Guard's Sexual Assault by On April 15, 1991, a jury awarded a 34-year-old former prisoner of Connecticut's Women's Correctional Institution $385,000, which included $250,000 in punitive damages, against a prison guard who sexually assaulted her during incarceration. The guard was ultimately fired and criminally …
Article • May 15, 2007
$402,000 Paid in Oregon Guard's Discrimination Suit by Oregon prison guard Bruce Anglin, 37, was awarded $402,000 after an 8-day jury trial on his claim that the Oregon Department of Corrections failed to reinstate him to available and suitable work and discriminated on the basis of disability in 1997. Anglin …
$125 Attorney Fees Paid to Washington Prisoner in Personal Restraint Action by Lonnie L. Burton was a prisoner at Washington's Stafford Creek Corrections Center in April 2001 when he received a disciplinary infraction. He did not attend the hearing, which resulted in errors occurring. After the Attorney General's office requested …
Article • May 15, 2007
No Disclosure of Federal Prisoners Held in Illinois Jail by A federal district court in Illinois held that the Illinois Freedom of Information Act did not allow the disclosure of the names of federal prisoners held in the DeWitt county jail in Illinois. A reporter from The Pantagraph, a local …
Article • May 15, 2007
Summary Judgment for Jail Guard Upheld; Punch, Injury De Minimis by The U.S. Third Circuit Court of Appeals upheld a district court's grant of summary judgment to a jail guard in a case where a prisoner claimed he had been punched by the guard. Luis Reyes was housed in the …
Article • May 15, 2007
Use of Stun Gun, Four-Point Restraints Not Constitutional Violation by The U.S. Third Circuit Court of Appeals affirmed a federal district court in Pennsylvania by holding that a state prisoner's Eighth Amendment rights were not violated by guards' use of a stun gun and four-point restraints, where evidence showed the …
Warden Denied Qualified Immunity in Guard's Race Discrimination Suit by The U.S. Sixth Circuit Court of Appeals dismissed an interlocutory appeal from a district court's denial of summary judgment to an Ohio prison warden. Richard Parks was a guard at Warren Correctional Institution (WCI), where Anthony Brigano was warden. Parks …
Article • May 15, 2007
Washington Prisoner's Motion to Withdraw Guilty Plea Denied by On February 14, 2003, the Washington Court of Appeals, Division II, upheld a trial court's denial of a state prisoner's motion to withdraw a guilty plea. Steven Henderson and another prisoner were charged with escaping from the Clallam Bay Corrections Center …
Texas Jail Director's Conviction Upheld by The Fifth Circuit Court of Appeals affirmed the convictions of two defendants charged with extortion and conspiracy to extort under the Hobbs Act, 18 U.S.C.§ 2 and 1951. The defendants were Jose Marcelino Rubio, Sr., the father of the District Attorney for Texas' Web …
Texas Sex Offender Counseling Provision Not Ex Post Facto by The Fifth Circuit Court of Appeals held that a statute enacted after a prisoner was convicted and sentenced is not ex post facto if it is not punitive. Texas prisoner George W. Rieck, Jr., filed a habeas corpus petition challenging …
Article • May 15, 2007
Filed under: Media
TN Prisoner Libel Proof by The Tennessee Court of Appeals held that a prisoner's conviction resulting in incarceration for 99 years renders any reputation he may have virtually valueless," and that he was, in the eyes of the law, libel proof." This action was filed by a prisoner convicted of …
$75,000 Award Upheld in Use of Carcinogense Blood Detection Agency by The First Circuit has ruled that the forcible application of benzidine, known as a primary carcinogen, to prisoner's bodies was a constitutional violation and sufficient to warrant damages. On November 2 and 3, 1974, Douglas S. Gomes and several …
Arbitrary Censorship and Abuse of Disabled Prisoners Unlawful by The Sixth Circuit has held that the First Amendment protects prisoners from capricious interference with their incoming mail and that actual physical injury is not a requisite to show an Eighth Amendment violation of cruel and unusual punishment. George Parrish and …
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