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Article • June 15, 2009 • from PLN June, 2009
Federal Prisoner Dies During Illicit Tryst With His Wife by Desmond A. Greene, a prisoner at the Big Sandy federal prison in Martin County, Kentucky, was in his bunk just after midnight on October 5, 2008. But at 1:12 a.m. his wife, Susan A. Witherspoon, was banging on the front …
Sexual Abuse by Prison and Jail Staff Proves Persistent, Pandemic by Gary Hunter Sexual assault, rape, indecency, deviance. These terms represent reprehensible behavior in our society. They also represent recurring themes in our nation’s prisons – not only by prisoners, but also by guards and other staff members. PLN’s August …
Article • February 15, 2009
Plaintiff Held Mostly Liable After Tort Action Against BOP Backfires by Kentucky resident Carolyn Eichler and others brought a federal tort action in 1997 against the United States after a Bureau of Prisons (BOP) bus collided with their vehicle. Various plaintiffs alleged damages and the court determined that Eichler, the …
Article • February 15, 2009 • from PLN February, 2009
Kentucky Jails’ Seizure of Funds for Booking, Room and Board Fees Upheld by Kentucky Jails’ Seizure of Funds for Booking, Room and Board Fees Upheld The Sixth Circuit Court of Appeals has held that the seizure of jail prisoners’ canteen funds for booking and room and board fees does not …
Federal Prisoner Sues For $1 Million After Being Raped By Guard by Kentucky federal prisoner Katherine West Wegner (plaintiff) brought a federal tort action for $1 million in 1995 after being raped by a Bureau of Prisons (BOP) guard. The guard had prior known incidents of such behavior that went …
Article • February 15, 2009
BOP Offers $150,000 Settlement After Prisoner Was Raped By Guard by Kentucky federal prisoner Vileiby Rosado brought a federal tort action in 1995 for $500,000 after being raped by a Federal Bureau of Prisons (BOP) guard who had prior undisciplined incidents for similar conduct. A $150,000 settlement was offered by …
Article • February 15, 2009
$20,000 Settlement After Citizen Falls At Federal Medical Center by Missouri resident Wealtha Liggins brought a federal tort action against the United States in 1996 after she fell at the Federal Medical Center (FMC) in Kentucky. The $500,000 suit settled for $20,000. Liggins was a guest at the FMC in …
$125,000 Settlement In BOP Guard Induced Prisoner's Death by Parents of deceased ex Kentucky federal prisoner, Marcus Dascenzo, brought a federal tort action against the United States in 2002 after a guard's failure to treat their son resulted in his death. After the Department of Justice's initial refusal to pay …
Article • December 15, 2008 • from PLN December, 2008
U.S. Supreme Court Upholds Use of Lethal Injection by Brandon Sample On April 16, 2008, the U.S. Supreme Court held that Kentucky’s lethal injection protocol does not violate the Eighth Amendment’s prohibition against “cruel and unusual punishment.” Kentucky state prisoners Ralph Baze and Thomas Bowling were each convicted of double …
“I CAN Learn” Software Procurement for Kentucky DOC Questioned by Matthew Clarke “I CAN Learn” Software Procurement for Kentucky DOC Questioned by Matt Clarke The “I CAN Learn” educational software produced by New Orleans-based JRL Enterprises, which was adopted by the Kentucky Department of Corrections (KDOC), is under scrutiny for …
Kentucky Jail Guards Win $872,000 in Discrimination, Retaliation Suit After Appellate Remand by Kelvin Brooks, a guard at the jail in Jefferson County, Kentucky, was black and had a race-related skin disease (PFB) that was irritated by shaving, so he wore a beard. Ron Bishop, the jail director, fired Brooks …
Article • August 15, 2008
Kentucky County Settles Loss of Consortium Suit for Undisclosed Amount by Phillip D. Hurst, a Kentucky prisoner, was taking prescribed methadone. When he returned one night to a Lexington County work release center in an intoxicated state, he was examined by two nurses who thought he was experiencing diabetes-related symptoms. …
Article • August 15, 2008
KY Lethal Injection Not Unconstitutional; Upheld by U.S. Supreme Court by Ralph Baze and Thomas Bowling, both Kentucky state prisoners, were sentenced to death after being convicted of double murder. They immediately challenged the constitutionality of the state’s lethal injection protocol. The trial court dismissed the case, and the appellate …
Article • July 15, 2008 • from PLN July, 2008
Out-going Kentucky Governor Issues 101 Pardons, Commutations by David Reutter In December 2007, during his last hours in office, out-going Kentucky Gov. Ernie Fletcher made state history by issuing 101 sentence commutations or pardons. While some of those acts of executive clemency appear to be meritorious, others smack of cronyism. …
Retaliation Against Female Kentucky Prison Guard Nets $240,000 by A Kentucky jury awarded a female guard $240,000 for retaliation. Patricia McCullough was employed for 13 years as a guard at North Point Training Center in Boyle County, Kentucky. “Despite appropriate reviews and a clean record,” she was “passed over for …
My Space Becomes “No Space” for Online Sex Offenders by David Reutter My Space Becomes "No Space" for Online Sex Offenders by David M. Reutter After online social networking giant MySpace.com, under pressure, disclosed on July 24, 2007 that it had purged 29,000 sex offender profiles from its website, state …
Brief • March 24, 2008
Taber v. McCracken County, KY, Plf Res to Def MTD, failure to protect treat due process, 2008 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY PADUCAH DIVISION [FILED ELECTRONICALLY] THOMAS TABER, Individually and on behalf of all others similarly situated, ) ) ) ) PLAINTIFF ) CIVIL ACTION NO. 5:06-CV-144-R …
Article • January 15, 2008
Guards’ Individual Immunity a Matter of Bad Faith Intent by Guards' Individual Immunity a Matter of Bad Faith Intent Former Kentucky State prisoner William Sloas' voluntary participation in the Rowan County Jail's work program resulted in his leg being broken in an accident. He brought suit against the county and …
Article • December 15, 2007
Kentucky Prisoners Requesting Account Statement Must Pay Required Fee by Pro se Kentucky State prisoner Michael Friend appealed a court's dismissal of his action to compel the Kentucky State Reformatory Warden to provide him with a copy of his account ledger at no charge. The court affirmed dismissal because payment …
Article • December 15, 2007
Beating by Kentucky Jail Guards Results in $1,150,000 Jury Verdict by A federal jury awarded a Kentucky man $1,150,000 for a beating during arrest. Mr. Sosa, a Hispanic man suffering from AIDS, was arrested and charged with public intoxication. While confined in the jail, Sosa was kicked, handcuffed to a …
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