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Article • February 15, 2010 • from PLN February, 2010
$245,000 Settlement in Michigan Jail Prisoner’s Death by In what one lawyer described as round one, Michigan’s Lenawee County has paid $245,000 to settle a lawsuit alleging that the deficient medical care at the County’s jail caused a prisoner’s death. The 24 page second amended complaint in the action begins …
Article • February 15, 2010 • from PLN February, 2010
$325,000 Settlement in Michigan Jail Prisoner’s Ruptured Appendix Lawsuit by Michigan’s Lenawee County Jail (LCJ) paid $325,000 to settle a lawsuit brought by a former prisoner who was denied medical care before and after his appendix ruptured. This is the second such settlement within a month. (See accompanying article.) As …
Article • February 15, 2010 • from PLN February, 2010
Ineligible Texas Prisoners Receive Federal Stimulus Checks by Jimmy Franks Between May and June of last year, hundreds of federal economic stimulus checks began to arrive at various Texas prisons, addressed to prisoners who were thought to be eligible to receive them. Those payments were part of 1,700 stimulus checks …
Exposure to Freezing Cold More than De Minimis in Texas Retaliation Case by The Fifth Circuit Court of Appeals held that a district court had erred when it dismissed a prisoner’s retaliation-based civil rights suit as de minimis when the prisoner’s alleged injury was exposure to freezing cold for four-and-a-half …
Article • February 15, 2010 • from PLN February, 2010
$50,000 Awarded to Florida Prisoner in Excessive Force Case by A federal jury has awarded $50,000 to a prisoner who was subjected to excessive use of force while in handcuffs at Florida’s Everglades Correctional Institution (ECI). When housed at ECI on July 1, 2006, prisoner Michael Curry was called to …
Article • February 15, 2010 • from PLN February, 2010
Remedial Sanctions Denied in Wisconsin Class-Action Jail Suit by Jimmy Franks In July 2009, the Supreme Court of Wisconsin entered an opinion reversing an appellate court’s decision that instructed a lower court to order remedial damages in a class-action lawsuit filed on behalf of Milwaukee County jail prisoners. The suit …
Article • February 15, 2010 • from PLN February, 2010
Eighth Circuit Upholds $1,500 Award for Failure to Provide Kosher Diet; Grooming Restrictions Also Upheld by The Eighth Circuit Court of Appeals upheld a district court’s award of $1,500 to an Arkansas prisoner who was denied kosher meals. The Court of Appeals also affirmed the lower court’s ruling that upheld …
Third-Party Calling Disconnects at Jail Net $1.25 Million Settlement; Customers Get Nothing by by David M. Reutter When it comes to prison and jail telephone services, it’s all about how much money can be made without regard to the people who are bilked by for-profit phone companies. That is the …
Article • February 15, 2010 • from PLN February, 2010
Alabama Ends Policy Barring HIV+ Prisoners from Work Release by After more than two decades of intense advocacy by the ACLU, in August 2009 the Alabama Department of Corrections (ADOC) agreed to end its practice of prohibiting prisoners with HIV from participating in work release programs. PLN has previously reported …
Article • February 15, 2010 • from PLN February, 2010
Filed under: News, News in Brief
News in Brief: by Alabama: On October 30, 2009, Richard Hawthorne, 51, a member of the Escambia County School Board, was in-dicted on seven charges stemming from allegations that he fondled female prisoners at the Escambia County Detention Center where he formerly worked as a guard. Two female prisoners reported …
Article • February 15, 2010 • from PLN February, 2010
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 • February 15, 2010 • from PLN February, 2010
Four-Year Statute of Limitations Applies to § 1983 Claims Filed in Florida by Four-Year Statute of Limitations Applies to § 1983 Claims Filed in Florida The Eleventh Circuit Court of Appeals has held that 42 U.S.C. § 1983 actions filed in Florida have a four-year statute of limitations. The appellate …
Unprovoked Texas Cattle Prod Shocking More Than De Minimis Injury, Case Settles for $20,000 by Matthew Clarke by Matt Clarke On September 5, 2007, the Fifth Circuit Court of Appeals held that a guard who used a cattle prod to shock a prisoner without any provocation caused more than a …
Ohio Inspector General Finds Wrongful Acts by Prison System’s Assistant Director by Matthew Clarke by Matt Clarke On July 29, 2009, the State of Ohio’s Office of the Inspector General (OIG) released an investigative report concerning the relationship between Ohio Department of Rehabilitation and Correction (ODRC) Assistant Director Michael Randle …
Article • February 15, 2010 • from PLN February, 2010
PLN Prevails in Connecticut FOI Case; City Appeals by Alex Friedmann On September 22, 2008, PLN requested public documents from the City of Hartford, Connecticut related to a lawsuit involving a prisoner who committed suicide; the suit had resulted in a $403,164 judgment against the City. [See: PLN, Feb. 2009, …
Article • February 15, 2010 • from PLN February, 2010
Judge Enjoins Collection of Cost of Incarceration Fees From Federal Prisoner in Washington State Prison by On February 25, 2008, Judge William Thomas McPhee of the Thurston County Superior Court entered an injunction prohibiting the Washington Department of Corrections (DOC) from withholding cost of incarceration and crime victim compensation from …
Settlement in Idaho Jail Condition Class-Action Suit by Matthew Clarke by Matt Clarke On August 4, 2009, a consent decree was entered in a class-action lawsuit brought on behalf of jail prisoners with the help of the American Civil Liberties Union (ACLU) over conditions of confinement at the Canyon County …
Article • February 15, 2010 • from PLN February, 2010
Wyoming’s Prison Industry Mushroom Farm Sold at Auction by Matthew Clarke by Matt Clarke On October 15, 2009, the Wyoming Department of Corrections’ Wind River Mushroom Farm in Shoshoni was sold at auction for an undisclosed amount. The agricultural program, which began in 2004 as an $8 million public-private partnership …
$2.1 Million Award in Excessive Force Death of California Prisoner by In April, 2009, a federal jury awarded $2.1 million in a lawsuit filed against guards at California’s Richard J. Donovan Correctional Facility for their negligence and excessive use of force that caused a prisoner’s death. The prisoner, John Fitzgerald …
Article • February 15, 2010 • from PLN February, 2010
Jury Awards $6,500 to California Prisoner for Negligence, Deliberate Indifference by Doctor by On May 22, 2009, a California federal jury awarded a state prisoner $6,500 on his claims of medical negligence and deliberate indifference. Todd A. Ashker, a prisoner at California’s Pelican Bay State Prison (PBSP), sued Dr. M.C. …
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