Guard Sues Over Smoke Grenade Injury by The U.S. Court of Appeals for the 8th Circuit reversed a lower court's grant of summary judgment against a prison guard who was injured by a smoke grenade. On June 2, 1998, Timothy Gamradt, a Bureau of Prisons (BOP) guard, was hurt during …
Bailey v. MN DOC, MN, Plf Post Trial Memo, Inadequate Asl Interpreter, 2004 STATE OF MINNESOTA COUNTY OF RAMSEY DISTRICT COURT SECOND JUDICIAL DISTRICT Scott A. Bailey, Plaintiff, Case type: Other Civil File Number: C6-03-6996 v. Minnesota Department of Corrections, et al., Defendants. PLAINTIFF'S POST-TRIAL MEMORANDUM Respectfully submitted Minnesota Disability …
Minnesota Pay-To-Stay Programs Don't Deliver by Minnesota counties are finding out that charging prisoners for staying in jail is not the cash cow they had hoped for. Forcing prisoners to pay for their own incarceration has become a national trend. In the summer of 2003 the Minnesota legislature followed suit, …
California Has Difficulty Placing First Released Sexually Violent Predator by The California Department of Correc-tions (CDC) released its first civilly committed sexually violent predator (SVP) in August, 2003, after he had "graduated" from seven years of rehabilitation at Atascadero State Hospital (ASH), CDC's lockup unit for SVPs. A large public …
Prisoners and Guards Charged With Murder as Drugs and Brutality Plague State Prisons by Vermont: Four prisoners died in the custody of the Vermont Department of Corrections during a five week period between April and May 2003. Only one died of natural causes. [Editor's Note: PLN contributing writer James Quigley …
Release of Medical Liability May Establish Deliberate Indifference by The Eighth Circuit Court of Appeals has held that a consent to surgery releasing liability may establish deliberate indifference to medical care. In 1996, David Wayne Vanderbeck (Beck), a Minnesota state prisoner, began suffering numbness and cramping caused by a bullet …
Prisoners, Politics, Money and the Census by Gary Hunter It's a standing joke that the Texas economy has been grounded in the 3 C's: cattle, crude, and convicts. But while Texas gets most of the publicity for its massive prison build-up, the human-warehousing trend is literally sweeping the countrysideand it …
Bailey v. MN DOC, MN, Complaint and Jury Request, Inadequate ASL Interpreter, 2002 DISTRICT COURT STATE OF MINNESOTA SECOND JUDICIAL DISTRICT COUNTY OF RAMSEY Case Type: Other Civil Scott A. Bailey COMPLAINT Plaintiff, No. v. Minnesota Department of Corrections, and _ JURY TRIAL REQUESTED Sheryl Ramstad Hvass, individually and in …
$540,000 Settlement in Minnesota Jail Beating by In October 2001, Hennepin County, Minnesota, agreed to pay $540,000 to settle a brutality suit against the county jail. It is believed to be the largest brutality settlement in county history. On September 4, 2000, Derek Martin, 43, was arrested on suspicion of …
Minnesota Cost-of-Confinement Surcharge Upheld by The Court of Appeals of Minnesota has upheld a surcharge imposed on prisoners in custody of the Minnesota Department of Corrections (DOC). The case had been filed as a class-action suit in a Minnesota district court challenging a DOC rule imposing a 10% cost-of-confinement surcharge, …
Minnesota Prison Cited For Asbestos Infractions by A Minnesota prison received nine citations and was fined over $18,000 for violations involving cancercausing asbestos. The judgment levied against Faribault prison, in November 2000, by Minnesota Occupational Safety and Health Division, came as a result of disgruntled employees who say they have …
Voluntary Agreement with MINNCOR Not Enforceable Contract by Voluntary Agreement With MINNCOR Not Enforceable Contract A state court of appeals in Minnesota has held that the Voluntary Agreement signed by prisoners laboring under MINNCOR's administration is not an enforceable contract. Kenneth Murray, a Minnesota state prison, filed suit in state …
Frozen Toes State a Claim for Deliberate Indifference by A U.S. District Court in Minnesota handed down a mixed ruling on defendants' motion for summary judgment on a federal prisoner's claim of deliberate indifference to his serious medical needs. On January 25, 1996, after walking for 23 hours in freezing …
Retaliation Claim Requires Trial by The court of appeals for the Eighth circuit held that a trial was required to determine if a prisoner was retaliated against for exercising his right to religious freedom. The court also held that prisoners have no right to encourage other prisoners to file grievances …
Black Prison and Jail Employees Win Discrimination Lawsuits by Kentucky In October 2002, a federal jury awarded a former Fayette County Jail guard $196,000. James Young Sr., an African American, was fired from the jail in 1993 after complaining for over a year that black workers at the jail were …
Eighth Circuit Upholds, Defines IFP Provisions by The court of appeals for the Eighth circuit, in two separate rulings, has upheld and defined the In Forma Pauperis (IFP) provisions of the PLRA. Kenneth Murray filed a petition under the All Writs Act, 28 U.S.C. § 1651, claiming a court clerk …
