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GEO Group Prison Squalor Drives Idaho Prisoner to Suicide: $100,000 Settlement by On September 13, 2009, the Idaho Department of Corrections (IDOC) reached a settlement with the parents of an Idaho state prisoner who was driven to suicide by squalid conditions at a GEO Group-run private prison in Texas, where …
Canadian Appellate Court Affirms $12,000 Judgment for Prisoner by On June 2, 2009, a Canadian appellate court affirmed a decision by Federal Court Prothonotary Martha Milczynski awarding $12,000 to Barry Carr, a federal prisoner. Carr had accused Correctional Service of Canada (CSC) of negligence and breaching its duty of care …
Eleventh Circuit Finds Administrative Remedies Unavailable When Prison Official Threatens Retaliation by The Eleventh Circuit Court of Appeals has held that a prison official’s threat to retaliate against a prisoner for use of the institutional grievance procedure made the prisoner’s administrative remedies unavailable. The appellate ruling came in a civil …
Article • March 15, 2010 • from PLN March, 2010
$3.1 Million Settlement to Wrongly Convicted Massachusetts Prisoner by On July 28, 2009, within weeks of settling a similar wrongful conviction lawsuit that resulted in a $3.4 million payment to the estate of Kenneth Waters, the town of Ayer, Massachusetts agreed to pay $3.1 million to settle a federal complaint …
$200,000 Settlement in Florida Prisoner’s Suicide Death by Florida’s Department of Corrections paid $200,000 to settle a lawsuit involving a prisoner’s suicide death. That settlement is the maximum allowed under law when suing a state agency. Prior to his entry into prison, prisoner David Hansen had a history of mental …
Texas Prison Guard Gets 24 Months in Federal Prison by In August 2009, a former Texas Department of Criminal Justice (TDCJ) guard was sentenced to 24 months in federal prison in connection with a vicious assault on a handcuffed prisoner. Eugene Morris, Jr., a TDCJ sergeant at the Ferguson Unit, …
Article • March 15, 2010 • from PLN March, 2010
$80,000 Award in NY Prisoner’s Claim for Injuries Caused by Assault by A New York Court of Claims has awarded $80,000 in damages to a prisoner at the Auburn Correctional Facility in connection with a prisoner-on-prisoner assault. Previously, in an October 1, 2007 order, the court found the State of …
Article • March 15, 2010 • from PLN March, 2010
Fourth Circuit: Heck Bar Inapplicable to § 1983 False Imprisonment Suit by Fourth Circuit: Heck Bar Inapplicable to § 1983 False Imprisonment Suit The Fourth Circuit Court of Appeals has joined five other circuits in holding that a former prisoner’s § 1983 false imprisonment claim is not barred by the …
Failure to Raise Issue in Rule 50 Motion Prohibits Argument on Appeal; $214,000 Verdict Upheld by The Sixth Circuit Court of Appeals has affirmed a jury’s verdict that found a municipality liable despite there being no finding of liability on the part of the individual defendants. The facts in this …
Article • March 15, 2010 • from PLN March, 2010
Massachusetts GPS Program Upheld by State Supreme Court by Mark Wilson The Massachusetts Supreme Judicial Court vacated a lower court order which found that a sheriff had violated state law when he released sentenced prisoners on a GPS-monitoring program. On March 8, 2007, Edward Donohue was convicted of his third …
Article • March 15, 2010 • from PLN March, 2010
Indiana DOC Directive Limiting Educational Credit to Only One Associate’s Degree Violates Ex Post Facto Clause by Brandon Sample A directive issued by the Indiana Department of Corrections (IDOC) that limits the award of educational sentence credit to only one Associate’s Degree cannot be applied retroactively without running afoul of …
$750,000 Settlement in Alabama Prisoner’s Heat Death by A $750,000 settlement was paid to the mother of an Alabama mentally ill prisoner who died as the result of exposure to extreme heat while on psychotropic medication. Just four days after his admission to Kilby Correctional Facility (KCF), prisoner Farron Barksdale, …
Article • March 15, 2010 • from PLN March, 2010
$100,000 Settlement in New York Prisoner’s Slip and Fall Claim by The State of New York agreed to pay $100,000 to settle a prisoner’s slip and fall claim that occurred at the Groveland Correctional Facility. The settlement comes in a claim filed by prisoner James Mahoney, who was assigned as …
Article • March 15, 2010 • from PLN March, 2010
Shrinking Budgets Force States to Cut Corrections Spending by Bob Williams In a July 2009 report funded by the Public Safety Performance Project of the Pew Center on the States, author Christine S. Scott-Hayward examines how shrinking budgets are impacting state corrections policies and practices. The story is in the …
Partial Summary Judgment Granted To PLN in FOIA Case against EOUSA by Brandon Sample On September 16, 2009, U.S. District Judge Marcia S. Krieger granted in part and denied in part a motion for summary judgment by Prison Legal News (PLN) in a Freedom of Information Act (FOIA) case wherein …
$60,000 Settlement for Washington Prisoner Injured by Chemical Spill by The State of Washington paid $60,000 to settle a prisoner’s claim that he was injured due to a chemical spill. While working in the kitchen at the McNeil Island Correction Center, prisoner George D. Douglas reached for a chemical bottle …
GEO Group Buys Just Care For $40 Million by Geo Group, Inc., one of the country’s largest private prison and detention operators, has agreed to acquire Just Care. Just Care operates a 354-bed medical and mental health care unit in Columbia, South Carolina. In announcing the acquisition, GEO Group said …
$2.1 Million Awarded in New York Unjust Conviction Claim by On March 16, 2009, a New York Court of Claims awarded $2,093,420 in damages to a man who was wrongfully convicted of sexually assaulting his 4-year-old child. He had spent more than two years in a maximum-security prison. During “an …
Texas Religious Group Policies May Violate First Amendment and RLUIPA; TDCJ Changes Policy by The Fifth Circuit Court of Appeals held that Texas Department of Criminal Justice (TDCJ) policies that had the effect of prohibiting a prisoner from meeting with other members of his religion and possessing religious items may …
Article • March 15, 2010 • from PLN March, 2010
Washington DOC Ordered to Pay $174,000 for False Imprisonment by A Washington state woman has been awarded $174,000 in damages after the Washington Department of Corrections (DOC) miscalculated her sentence, causing her to stay in prison an extra 18 months. Melanie Hinkle was convicted of conspiracy to commit murder in …
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