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Article • March 15, 2011
NY Prisoner May Refuse Life-Saving Medical Treatment by The New York Supreme Court refused to authorize prison officials to treat a prisoner’s diabetes without his consent. New York prisoner Joseph Barbati suffered from Type II diabetes but refused his insulin shots “because, in his opinion, the side effects of insulin …
Article • March 15, 2011
Sixth Circuit: Lethal Injection Challenge Time-Barred; Agrees Cooey II Wrongly Decided, Urges En Banc Review by The Sixth Circuit Court of Appeals affirmed the dismissal of a condemned prisoner’s challenge to Ohio’s lethal-injection protocol as time-barred under Cooey v. Strickland, 479 F.3d 412 (6th Cir. 2007) (Cooey II). The court …
Article • March 15, 2011
Third Circuit Says Asthma May be Physical Injury by The Third Circuit Court of Appeals vacated a lower court’s dismissal of a federal prisoner’s Federal Tort Claims Act (FTCA) negligence claim for failing to show a sufficient physical injury under the Prison Litigation Reform Act (PLRA). Federal prisoner Mike Perez …
Article • March 15, 2011
Filed under: Medical, Dental Care
Washington DOC’s Jaw Removal During Tooth Extraction Nets $130,000 by The State of Washington paid a prisoner $130,000 to settle a tort claim alleging severe injuries suffered during a negligent tooth extraction. On May 24, 2006, Dr. Joel O. Diven, DDS was attempting to extract the second upper molar (tooth …
Article • March 15, 2011
Settlement of 1997 Suit Kills 2001 Suit Says Ninth Circuit by The Ninth Circuit Court of Appeals affirmed a lower court’s holding that a 2002 Settlement Agreement regarding a 1997 complaint also covered claims in a 2001 complaint. Todd Ashker was confined in California’s Secured Housing Unit (SHU) at Pelican …
Article • March 15, 2011
Violation of Washington SSOSA Need Not be Willful by The En Banc Washington state Supreme Court affirmed a lower court’s revocation of a sex offender’s suspended sentence under Washington’s Special Sex Offender Sentencing Alternative (SSOSA). In 2000, David Elvin McCormick was convicted of raping his 11-year-old developmentally disabled granddaughter. The …
Article • March 15, 2011
Washington DOC Wrongful Discharge Nets $64,718.50 Plus Reinstatement by The State of Washington settled a wrongfully discharged prison industries manager by paying him $64,718.50 in back pay, general damages, medical costs and attorney’s fees, and by re-hiring him. Wayne Armbruster was a nine year veteran of the Washington Department of …
Article • March 15, 2011
Washington Medical Neglect Suit Settled for $3,700 by The State of Washington paid a female prisoner $3,700.00 to settle her medical neglect suit. On December 19, 2007, Mission Creek Correction Center prisoner Ebony Johnson brought suit in state court, alleging that Correctional Unit Supervisor I, Anne Shoemaker, subjected her to …
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, …
Article • March 15, 2011
Washington Pays $46,500 for 246 Day Wrongful Imprisonment by The State of Washington paid a former prisoner $46,500.00 to settle a tort claim, alleging 246 days of wrongful imprisonment. Rand Kelson pleaded guilty to assault and was sentenced to 84 months in a Washington prison. The sentence should have begun …
Article • March 15, 2011
Washington Settles Religious Diet Claim for $1,500 by The State of Washington settled a prisoner’s religious diet suit by paying him $1,500, granting him a vegan diet and amending a prison policy. On May 14, 2004, McNeal Island Correction Center (MICC) prisoner Joe Macom listed his religious preference as Native …
Article • March 15, 2011
Washington Settles Work Release Denial Claim for $2,284 by The State of Washington paid a prisoner $2,284.00 to settle his tort claim for negligently delaying his work release. Washington prisoner Jeremy Post became eligible for work release on July 25, 2007. He was approved on October 2, 2007 for release …
Article • March 15, 2011
Washington Supreme Court Rejects Judge’s Effort to Bar Public Release of Investigative Report by The Supreme Court of Washington state affirmed a lower court’s release of an investigative report concerning a hostile work environment created by Federal Way Municipal Court Judge Michael Morgan. A Federal Way, Washington, Municipal Court employee …
Article • March 15, 2011
Filed under: Sentencing
8th Circuit Upholds 60 Month Sentence for Marijuana, Tobacco found on Federal Prisoner. by The U.S. Court of Appeals for the Eighth Circuit has affirmed a 60 month sentence for a federal prisoner caught smuggling tobacco and marijuana through visiting. Tony Ray Ferguson was indicted under 8U.S.C. §1791 (a)(z) for …
Alabama DOC Settles Wicca Suit by On August 20, 2004, the Alabama Department of Corrections (ADOC) agreed to settle a suit seeking recognition and accommodation of Wiccan religious practices. In 1995, Timothy Hornsby sued the ADOC arguing that its refusal to recognize Wicca as a religion violated his constitutional and …
Article • March 15, 2011
$525,001 Settlement in Washington Public Records Suit Involving Abused Minors by The Washington State Department of Social and Health Services paid $525,001 to settle the lawsuit of Estera L. Tamus, Ruth S. Tamus and M., a minor, for failing to provide public records upon request. Estera, Ruth and M. claimed …
Article • March 15, 2011
Taser and Asphyxiation Death By New Mexico Cops Leads to $1,000,000 Settlement by The City of Raton, New Mexico has agreed to pay $1,000,000 to the estate of a man who died after police Tasered him 23 times and essentially asphyxiated him. On November 18, 2007, in the wee hours …
Article • March 15, 2011
Connecticut Trial Courts Lack Power to Unseal Records by Connecticut’s Supreme Court held that a trial court in an administrative appeal, which does not have continuing jurisdiction over cases where sealing orders were issued and does not have custody of or control over the sealed docket sheets, does not have …
Article • March 15, 2011
Filed under: PLRA, Filing Fees (PLRA)
Criticism of a PLRA IFP Provisions by Judge Issued in Order by A frustrated U.S. District Judge Milton Shadur issued critical comments about the Prison Litigation Reform Acts (PLRA) filing fee assessment/collection procedures on March 16, 2010. The order came in a 42U.S.C. §1983 suit by Maurice Sanders. Sanders was …
D.C. Department of Corrections Employee Exposed to Environmental Pollutants Settles for $10,000 by On July 18, 2006, the District of Columbia paid $10,000 to settle with a Department of Corrections employee who suffered respiratory illness after exposure to environmental pollutants. The suit, filed in the U.S. District Court for the …
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