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Texas Prison System Must Accommodate Hearing-Impaired Visitors by Matthew Clarke by Matt Clarke On December 2, 2010, a Texas federal court entered summary judgment in favor of a visitor to a state prisoner who had sued the Texas Department of Criminal Justice (TDCJ) for failing to adequately accommodate his disability. …
Judge Declines to Terminate Orders Requiring Air-conditioned Housing for Heat-sensitive Prisoners by Brandon Sample New York U.S. District Court Judge Harold Baer, Jr. has declined to terminate a series of orders requiring New York City jail officials to house “heat-sensitive” prisoners in air-conditioned cells when temperatures reach 85 degrees Fahrenheit …
Sweeping Settlement Covers Medical and Mental Health Care at Wisconsin Women’s Prison by On August 23, 2010, the American Civil Liberties Union (ACLU) and ACLU of Wisconsin filed a settlement agreement in U.S. District Court that will improve medical and mental health care and conditions of confinement for disabled prisoners …
Eleventh Circuit Finds Disabled Prisoner in Imminent Danger for Filing Fee Purposes by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has vacated a Georgia federal district court’s injunction that prohibited a prisoner from submitting future filings, and reversed the lower court’s dismissal of the prisoner’s …
Article • May 15, 2011
One-legged man forced to climb into top bunk wins $1,000 by On September 27, 2009, the District of Columbia agreed to pay $1,000 to a disabled man who was injured after being forced to climb into a top bunk. William Mercer sued the District after falling twice while attempting to …
Washington DOC Agrees to Pay $15,500 to Paraplegic Prisoner for Disability-Based Discrimination by On January 27, 2006, the Washington State Department of Corrections (DOC) agreed to pay $15,500 to a paraplegic prisoner who received inadequate medical care and was discriminated against because of his disability. John Chauers, a DOC prisoner …
Seventh Circuit Remands Illinois “Crutch Policy” Case; District Court to Evaluate Class Certification for Damages by Mark Wilson The Seventh Circuit Court of Appeals affirmed a lower court’s denial of class certification for injunctive relief, but remanded for further consideration of class certification for damages in an Illinois jail medical …
Federal Court Rejects California’s Attempt to Terminate Clark Remedial Plan, Grants $2.3 Million in Attorney’s Fees by Michael Brodheim by Mike Brodheim On August 26, 2010, the U.S. District Court for the Northern District of California issued proposed Findings of Fact and Conclusions of Law after conducting a hearing to …
Brief • March 28, 2011
Henderson v. Bentley, AL, Complaint, HIV Prisoner Discrimination, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION LOUIS HENDERSON, DANA HARLEY, DARRELL ROBINSON, DWIGHT SMITH, ALBERT KNOX, ROOSEVELT JAMES, JOHN mCKS, APRIL STAGNER, ASHLEY DOTSON, and MELINDA WASHINGTON, on behalf of themselves and of …
Article • March 15, 2011
$2,000 Settlement in Confiscation of DC Prisoner’s Medical Braces by The District of Columbia (DC) paid $2,000 to settle a lawsuit filed by prisoner Patrick Brady, claiming a guard confiscated his medical braces. The confiscation occurred on July 27, 1997, which was three days after doctors at the DC General …
Article • March 15, 2011
Washington Paraplegic’s Suit Settled for $2,750, Single Cell and Specialist Consult by The State of Washington paid a paraplegic prisoner $250 in costs, and $2,500 in attorney’s fees to settle a federal lawsuit alleging inadequate medical care, pain management and living conditions. The State also agreed to a specialist consult, …
Brief • January 14, 2011
Taylor v. Clark et al, CA, Plf Response to Def Mot for SJ, Deaf Prisoner Accommodation Excessive Force, 2011 Case 1:07-cv-00032-AWI-SMS Document 131 5 CARTER C. WHITE, CSB # 164149 KING HALL CIVIL RIGHTS CLINIC U. C. Davis School of Law One Shields Avenue, Bldg. TB-30 Davis, CA 95616-8821 Telephone: …
Brief • November 9, 2010
Minnis v Johnson VDOC, VA, Consent MTD - Settlement Agreement, deaf disabled prisoners, 2010 Case 1:10-cv-00096-TSE-TRJ Document 107 Filed 11/09/10 Page 1 of 32 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division GARY MINNIS, et al., Plaintiffs, v. GENE JOHNSON, et al., Defendants. ) …
Sixth Circuit: No Eleventh Amendment Immunity When ADA Claim Includes Fourteenth Amendment Violations by Matthew Clarke by Matt Clarke On January 5, 2010, the Sixth Circuit Court of Appeals upheld a Michigan district court’s denial of Eleventh Amendment immunity for a claim involving both a violation of the Americans with …
Illinois: Disabled Detainees’ Discrimination Claims May Proceed to Trial by In a lengthy and well-reasoned opinion and order, U.S. District Court Judge Elaine E. Bucklo, for the Northern District of Illinois, denied cross-motions for summary judgment in a class-action suit brought by paraplegics and partially-disabled pre-trial detainees currently and formerly …
Tennessee Jail Agrees to Pay $5,000 for Withholding Prisoner’s Leg by The Davidson County Sheriff’s Department has agreed to settle a lawsuit brought by a prisoner under the Americans with Disabilities Act (ADA). Jerry Ray Brock was extradited from Columbus, Georgia to Tennessee to begin service of a Tennessee conviction. …
Bivens Case by Disabled Prisoner Against Federal Prison Officials Remanded; Settles for $15,000 by The U.S. Court of Appeals for the Fourth Circuit reversed a grant of summary judgment to federal prison officials in a Bivens case brought by a handicapped prisoner who was unable to take a shower or …
$12,000 Award to Wheelchair-Bound NY Prisoner for Fall off Loading Ramp by A New York Court of Claims awarded a prisoner $12,000 for injuries incurred by a fall off a curb while in a wheelchair. Prisoner Darin Carathers became a paraplegic after sustaining a gun shot wound to the neck …
Massachusetts DOC Agrees to Pay $15,000 to Settle ADA Suit by On October 24, 2005, the Massachusetts Department of Corrections (DOC) agreed to settle a suit brought by a prisoner under the Americans with Disabilities Act (ADA) for $15,000. Paul Shedlock sued the DOC after staff at MCI Norfolk refused …
Washington State Settles Prisoner's Personal Injury Claim for $20,000 by On January 8, 2007, the State of Washington settled for $20,000 a personal injury claim brought by a state prisoner. Michael Humburgs, a Washington State state prisoner, was incarcerated at the Larch Mountain Corrections Center when he injured his ankle. …
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