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Continuing Violation Doctrine Applies to Deliberate Indifference in New York by The Second Circuit Court of Appeals has held that the continuing violation doctrine applies to a New York prisoner’s deliberate indifference claim under the Eighth Amendment. Jose J. Shomo was confined by the New York City Department of Corrections …
Fifth Circuit Holds Texas Parole Revocation Witness Denial Violates Due Process by The Fifth Circuit Court of Appeals has held that the Texas Board of Pardons and Paroles (BPP) failed to comport with the due process requirements of Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593 (1972) when it …
Article • March 15, 2011 • from PLN March, 2011
Dismissal for Failure to Effect Service Reversed in Florida Failure to Protect Suit by The Eleventh Circuit Court of Appeals has held that as long as a court-appointed agent to serve summons for a prisoner-litigant acting pro se can locate the prison guard-defendant with reasonable effort, prisoner-litigants who provide enough …
Article • March 15, 2011 • from PLN March, 2011
Massachusetts: Wrongful Conviction Suit Settled for $3.25 Million by The City of Boston has agreed to pay $3.25 million to settle a lawsuit filed by a man who was wrongfully convicted and imprisoned for 18 years for a series of rapes he did not commit. Ulysses Charles was convicted in …
Article • March 15, 2011 • from PLN March, 2011
Class Action Certified in California Federal Civil Rights Suit Against TransCor by On February 16, 2010, a California U.S. District Court certified a class action lawsuit against Nashville, Tennessee-based private prison transport company TransCor America for transporting prisoners more than 24 continuous hours without giving them an opportunity to rest …
Article • March 15, 2011 • from PLN March, 2011
Filed under: Private Prisons
Towns Defaulting on Prison and Jail Bonds by Matthew Clarke by Matt Clarke Municipal bonds have long been considered a safe investment. However, recent defaults on bonds used to pay for the construction of privately-run prisons and jails have investors worried about losing their capital, and towns worried about their …
Article • March 15, 2011 • from PLN March, 2011
$100,000 Settlement in Nebraska Jail Prisoner Suicide Suit by Sheridan County, Nebraska has agreed to pay $100,000 to the estate of a prisoner who committed suicide while at the Sheridan County Jail. Jay Spotted Elk hung himself with a belt in his cell after being arrested on a misdemeanor charge …
Article • March 15, 2011 • from PLN March, 2011
PLN and HRDC Win Consent Judgment Against Louisiana Sheriff in Censorship Case by On May 18, 2010, Prison Legal News (PLN) and its parent organization, the Human Rights Defense Center (HRDC), won another battle against censorship by prison and jail officials. In 2009, PLN and HRDC sued Jack A. Stephens, …
Florida: Cost Savings and Benefits of Prison Privatization Non-Existent by David Reutter by David M. Reutter “Florida’s experience with privatized prisons raises serious questions about whether the taxpayers are getting their money’s worth,” concludes an April 2010 policy brief report released by the Florida Center for Fiscal and Economic Policy. …
Tennessee: Private Prison Guards Considered “Public Servants” by Employees of Corrections Corporation of America (CCA), the nation’s largest for-profit prison company, are public servants within the meaning of Tennessee’s criminal code. In July 2008, CCA guards David Gilliam and Joe Edward McCown III, who worked at the Hamilton County Workhouse …
Article • March 15, 2011 • from PLN March, 2011
Texas Audits Private Prison and Substance Abuse Treatment Contract Monitoring by Matthew Clarke by Matt Clarke In March 2010, the Texas State Auditor’s Office released a report on a performance audit of the Private Facilities Contract Monitoring and Oversight Division (PFCMOD). The PFCMOD monitors private prisons and private substance abuse …
Article • March 15, 2011 • from PLN March, 2011
Short-Lived Class Action Lawsuit Filed Against Global Tel*Link in California, Then Secretly Settled by Michael Brodheim by Mike Brodheim Sick and tired of being gouged by high prison phone rates, Nadia Alvarez and Rachel Fishenfeld, two California residents, filed a consumer class action suit against Global Tel*Link (GTL) in August …
Kentucky Guards Sentenced to Federal Prison in Detainee Abuse Prosecution by A Kentucky federal court has sentenced five guards from the Fayette County Detention Center (FCDC) who were prosecuted in connection with systematic abuse of prisoners at the facility. FCDC Sgt. John McQueen, 33, and Cpl. Clarence McCoy, 31, were …
$55,000 Settlement in DC Jail Prisoner’s Confinement Conditions Suit by The District of Columbia (DC) paid $55,000 to settle prisoner Lawrence Caldwell’s lawsuit that asserted various unconstitutional conditions at the DC Jail. In a clear, detailed pro se complaint, Caldwell outlines numerous conditional factors that violate his constitutional rights. He …
Article • March 15, 2011
$100,000 Settlement in DC Guard’s Racial Discrimination Suit by The District of Columbia (DC) paid $100,000 to settle an unlawful discrimination suit filed by DC Department of Corrections (DOC) employee Oliver Amaechi. Amaechi, a Nigerian immigrant, alleged the DOC had a policy of discriminating against African or Caribbean born employees. …
Article • March 15, 2011
$150 Jury Award in Prisoner’s Destroyed Property Claim by The California Department of Corrections paid $150.00 to settle a prisoner’s due process violation claim. In his complaint, Prisoner Gregory L. Rhoades claimed staff at the Corcoran Correctional Institute destroyed personal property, which consisted of family photos, his mother’s wedding ring, …
Article • March 15, 2011
$150,000 Settlement in Strip Search Suit by Jail’s Juvenile Visitors by The District of Columbia paid $150,000 to settle the lawsuit of Marcus Bradley, a minor, for injuries sustained from false arrest. While attending school at W. Bruce Evans Middle School on May 17, 2001, Bradley, along with eleven other …
$150,000 Settlement Paid in D.C. Minor’s False Arrest Lawsuit by The District of Columbia (D.C.) paid $150,000 to settle the lawsuit of Steven A. Douglass, a minor, for false arrest and imprisonment while his school class was on a “field trip” to the D.C. Jail. On April 9, 2001 Douglass, …
Article • March 15, 2011
$192,500 Settlement in Failure to Prevent DC Prisoner’s Stabbing by The District of Columbia (DC) paid $192,500 to settle the negligence lawsuit of prisoner Larry T. Covington. While at DC’s Maximum Security Facility in Lorton, Virginia, on June 15, 2000, Covington was assaulted with a contraband weapon by another prisoner. …
Article • March 15, 2011
$215,000 Settlement in DC Jail Guard’s Wrongful Termination Suit by The District of Columbia (D.C.) paid $215,000 to settle the lawsuit of ex-employee Roland J. Jackson, Jr., a twenty-six year veteran at the D.C. Jail, for intentional and reckless misconduct with respect to his termination on September 29, 1997. While …
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