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Article • May 15, 2010 • from PLN May, 2010
$900,000 Settlement in Washington State Suit Over Parolee Murdering Woman by On December 10, 2008, Washington State agreed to a $900,000 settlement in a suit alleging negligent supervision of a violent parolee who murdered a woman. Laurence Owens, a level 3 sex offender and violent felon, was under the supervision …
Fifth Circuit Orders Discovery in Katrina Prisoner Evacuation Case by Matthew Clarke by Matt Clarke On July 1, 2009, the Fifth Circuit Court of Appeals vacated a lower court’s denial of summary judgment in a case involving the evacuation of prisoners from the Orleans Parish Prison (OPP) in New Orleans …
Colorado Guards Rarely Jailed for Sexual Abuse of Prisoners by by Matt Clarke Although not uncommon, any kind of sexual contact between a guard and a prisoner is considered coercive sexual abuse under Colorado state law. This reflects the reality that prisoners cannot have truly consensual sex with a person …
Article • May 15, 2010 • from PLN May, 2010
Mississippi Earned Time Policy Violates Ex Post Facto Clause by Mississippi’s Court of Appeals has remanded for an evidentiary hearing a claim that a law prohibiting prisoners who are convicted of sale or transfer of a controlled substance from eligibility for earned-time allowance is an ex post facto law as …
CCA Agrees to Pay $1.3 Million to Settle Sexual Harassment, Retaliation Suit by On October 1, 2009, Corrections Corporation of America (CCA) entered into a consent decree with the Equal Employment Opportunity Commission (EEOC) to settle allegations of sexual harassment and retaliation involving female employees at the company’s Crowley County …
Article • May 15, 2010 • from PLN May, 2010
$932,900 Award to Hawaii Prisoner Rendered Infertile Due to Inept Medical Care by A Hawaii state judge awarded a former prisoner $932,900 in damages in a lawsuit alleging substandard medical care. Gregory Slingluff, 41, sued after he was rendered infertile due to poor medical treatment while incarcerated at the Halawa …
Article • May 15, 2010 • from PLN May, 2010
Gloucester County, New Jersey Settles Jail Strip Search Class Action for $4 Million by Matthew Clarke by Matt Clarke On September 14, 2009, the parties in a class action lawsuit against Gloucester County, New Jersey over the county jail’s strip search policies filed a settlement agreement in federal district court …
$27,500 Settlement for Washington Prisoner’s Public Records and RLUIPA Claims by The State of Washington Department of Corrections paid $27,500 to settle two lawsuits brought by prisoner Derek E. Gronquist. The first action involved request for disclosure of public records, and the second related to violations of religious freedom. The …
Alternative Prisoner Phone Service Company Files Unsuccessful Suit by David Reutter by David M. Reutter A company that offers a lower-cost alternative to the monopolistic practices of the nation’s largest prison and jail telephone service providers filed a federal lawsuit alleging violation of the Federal Communications Act. The suit was …
Article • May 15, 2010 • from PLN May, 2010
Opening Legal Mail Outside BOP Prisoner’s Presence States Constitutional Claim by The U.S. Court of Appeals for the Sixth Circuit affirmed in part and reversed in part a district court decision denying qualified immunity to several Bureau of Prisons (BOP) employees accused of opening properly marked legal mail outside a …
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 …
Article • May 15, 2010 • from PLN May, 2010
Filed under: News, News in Brief
News in Brief: by California: Contra Costa County’s top homicide prosecutor, Harold Jewett, was placed on administrative leave for allegedly punching his supervisor, assistant district attorney Paul Sequeira. The incident, which took place on March 8, 2010 during a staff meeting and sent Sequeira to the hospital for stitches, occurred …
Article • May 15, 2010
Costs Awarded to Prisoner; Denied to Defendants Due to Plaintiff’s Indigency by On August 21, 2009, U.S. District Judge Lawrence Karlton awarded $950.64 to a prevailing prisoner-plaintiff in an excessive force suit. On January 28, 2009, a jury returned a verdict in favor of Javaris Tubbs on his excessive force …
Article • May 15, 2010
Sacramento County Agrees to Pay $7,500 after Prisoner Fell from Bunk by On August 30, 2005, the County of Sacramento agreed to pay $7,500 to a prisoner who fell from his bunk while at the Sacramento County Main Jail (SCMJ). The prisoner claimed deliberate indifference to his safety. Peter Heines …
Article • May 15, 2010 • from PLN May, 2010
Are Debtors’ Prisons Making a Comeback in Indiana? by Justin Miller Concerns are growing that small claims courts in Indiana may be taking actions that amount to the return of debtors’ prisons, sparking national debate on the issue. This has occurred despite objections from the state’s Court of Appeals as …
Article • May 15, 2010 • from PLN May, 2010
Closed Door Justice: Court Seeks Disbarment of Attorney in Secret by Brandon Sample The story of Herbert Moncier, a prominent attorney in Knoxville, Tennessee, seems foreign, as if it were from another time and place. In fact, it is almost Gestapo-like. Moncier’s problems began on November 17, 2006 during a …
Article • May 15, 2010 • from PLN May, 2010
Washington Prisoner’s Rape Claim Results in $60,000 Settlement by The State of Washington paid $60,000 to settle a claim that involved a prisoner at the Washington State Reformatory being “savagely sexually assaulted” by another prisoner. In the late evening of June 9 or the early morning hours of June 10, …
Article • May 15, 2010 • from PLN May, 2010
Filed under: PLRA, Attorney Fees (PLRA)
PLRA Attorney Fee Caps Constitutional, Third Circuit Decides by The provisions of the Prison Litigation Reform Act (PLRA) that cap attorney fees do not violate equal protection, the U.S. Court of Appeals for the Third Circuit decided on May 28, 2009. Pennsylvania prisoner Glenndol Parker sued prison guard Joseph Conway …
Article • May 15, 2010 • from PLN May, 2010
Cost of Capital Punishment Comes Under Increased Scrutiny in a Struggling Economy by Justin Miller A new report released by the Death Penalty Information Center (DPIC) challenges the economic feasibility and sensibility of states maintaining the death penalty amid the nation’s current economic downturn. The report, entitled Smart on Crime: …
$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 …
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