Federal Prison Guard's Drug Smuggling and Sexual Activities Warrant 46 Month Sentence by Former federal prison guard Celeste Akers appealed her sentence after smuggling drugs into a Bureau of Prisons facility in Forest City, Arkansas. The judgment was affirmed. Akers’ federal employment lasted from 2001 to 2005. A 2004 Department …
$64,900 Award in Arkansas Excessive Force Claim; Warden Held Not Liable by David Reutter by David M. Reutter The Eighth Circuit Court of Appeals has reversed a judgment against the warden of Arkansas’ Cummins Unit, finding he did not have sufficient knowledge that the guards under his supervision were inflicting …
Jail Not Liable for Prisoner’s Rape by Cellmate by The plaintiff was raped by his cellmate in a county jail holding cell after being arrested for public intoxication. Defendants knew the cellmate was a disruptive individual but the district court found that they did not know he posed a risk …
Jail Guards Get Qualified Immunity for Beating, Pepper Spraying Prisoner Who Commits Suicide by The decedent was arrested for public intoxication; there was a fight when he was booked, resulting in his being sprayed with pepper spray or other chemical restraint. The officers carried him to a cell and sprayed …
Arkansas State Agency Prepared Taxpayer Documents Ordered Disclosed by Arkansas State corporation Ryan & Company AR, Inc. (Ryan) appealed a court ruling exempting the disclosure of specific taxpayer related legal opinions under the state Freedom of Information Act (Act). The ruling was reversed and the redacted disclosure was ordered. Ryan …
Arkansas Chief Probation Officer's Termination Suit Settles for $32,500 by Former City of Searcy, Arkansas chief probation officer Denny Bishop brought suit against the city after being terminated when he voiced opposition to allegedly discriminatory employment practices. The suit was settled out of court for $32,500. Bishop filed the lawsuit …
Arkansas Law Discloses Legislators’ Business Ties to State by David Reutter Of concern to taxpayers should be the private business interests of their legislators. An Arkansas law enacted in 2007 requires disclosure of those interests when a lawmaker or his or her spouse owns at least 10 percent of a …
Prisoner Must Have Notice of Forfeiture; Sanctions Denied for Lying Prison Official by A prisoner alleged that he never received notice of forfeiture which was signed for by a prison official, had the return receipt marked by a prison official, and the notice marked as delivered. Notice of forfeiture must …
Jail Uprisings in Oklahoma and Arkansas by Matthew Clarke by Matt Clarke June 2007 saw three disturbances at two jails in Oklahoma and Arkansas. The Pittsburg County, Oklahoma jail was built in 1974 and designed to hold 64 prisoners. On June 26, 2007 almost 100 were packed into the facility. …
Factor 8: the Arkansas Prison Blood Mining Scandal Movie review and Director Interview by Brandon Eng Filmmaker Kelly Duda’s first documentary, Factor 8: the Arkansas Prison Blood Scandal, chronicles the decades of abuse towards prisoners and patients from blood mining in search of profits. Traveling back to his home state …
Federal Prison Must Disclose Part of Investigation Manual by The federal prison at Forrest City, Arkansas (Prison) suspended for one day an employee represented by the American Federation of Government Employees (AFGE). The AFGE requested the Special Investigative Supervisor Manual (Manual), which the Prison refused to disclose. An administrative law …
Eighth Circuit Upholds Arkansas Jailer’s 78-Month Sentence for Brutalizing Prisoners by Eighth Circuit Upholds Arkansas Jailer's 78-Month Sentence for Brutalizing Prisoners The Eighth Circuit U.S. Court of Appeals upheld the criminal conviction of an Arkansas jailer for violation of the civil rights of two prisoners whom he beat maliciously and …
FBI Investigates Arkansas Guard Violence by In June 2006, the FBI began a civil rights investigation into a prisoner's beating administered by guards at the Maximum Security Unit in Tucker, Arkansas. The investigation, surprisingly, was requested by prison officials. The officials were investigating an incident that occurred in the prison's …
All Claims Must Be Exhausted Before Suit is Filed by Four plaintiffs filed prematurely before their grievances were decided. Some claims were exhausted by the time the district court dismissed for nonexhaustion, some were still in process. At 885: When multiple prison condition claims have been joined, as in this …
Eighth Circuit Reverses Dismissal of Forced Religion Claim by The Eighth Circuit Court of Appeals reversed the dismissal of a prisoner?s Establishment Clause Claim as frivolous. In June 2000, Arkansas prisoner James Munson was granted parole, contingent upon completion of a year long sex offender treatment program called Reduction of …
Arkansas Prisoner Denied Kosher Diet Awarded $1,500 by On August 25, 2006, the Director of the Arkansas Department of Corrections was ordered to pay state prisoner Michael Fegans $1,500 for violating his constitutional rights to a kosher diet. Fegans is a devout member of the Assemblies of Yahweh, a religious …
Eighth Circuit Upholds Arkansas Sex Offender Registration/Residency Restrictions by Matthew Clarke by Matthew T. Clarke The Eighth Circuit Court of Appeals affirmed the dismissal of a civil rights challenge to provisions of the Arkansas Sex Offender Registration Act, Ark. Code Ann. § 12-12-901 et seq., and to a criminal statute …
Arkansas Ups Work-Release Fees to Pay for Guard-Drivers by On October 27, 2006, the Arkansas Board of Corrections unanimously voted to increase the daily fees charged prisoners participating in the work-release program from $15 to $17. The increase is to be used to pay for guards to drive the prisoners …
Procedure Required for Sending/Receiving Sealed Media Mail by Procedure Required For Sending/Receiving Sealed Media Mail The U.S. District Court for the Eastern District of Arkansas held that the Arkansas DOC must implement policies regulating incoming mail from, and outgoing mail to, media representatives similar to those governing privileged legal mail. …
Eighth Circuit Reverses Summary Judgment on Segregation Mail Ban by The Eighth Circuit Court of Appeals reversed an Arkansas district court judgment granting summary judgment to prison officials in a case involving the denial of mail privileges to segregated prisoners. The court noted that the district court acknowledged that the …
