Prison Drinking Water and Wastewater Pollution Threaten Environmental Safety Nationwide by John Dannenberg by John E. Dannenberg Aging infrastructure concerns are not limited to America's highways, bridges and dams. Today, crumbling, overcrowded prisons and jails nationwide are bursting at the seams -- literally -- leaking environmentally dangerous effluents not just …
Clarification: by The July 2007 issue of Prison Legal News reported Sarsfield v. City of Marlborough, $13,655,940 Award for False Massachusetts Rape Conviction and Gregory v. City of Louisville, Louisville, Kentucky Settles with Wrongly Imprisoned Man for $3.9 Million. Barry Scheck was lead counsel for both plaintiffs, but while he …
Louisville, Kentucky, Settles with Wrongly Imprisoned Man for $3.9 Million by A man who spent seven years in prison for a rape he didn?t commit will receive $3.9 million from the city of Louisville, Kentucky, according to a February 12, 2007 settlement agreement. William Gregory, now 59, was convicted in …
Prisoner's Medical Claim not Winnable Without Expert Testimony by The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court, Eastern District of Kentucky, held that a federal prisoner's Federal Tort Claims Act (FTCA) suit for failure to treat his injuries was properly dismissed on summary judgment where the …
Sixth Circuit: United States Not Liable in Prisoner's Murder by On February 26, 2004 the U.S. Sixth Circuit Court of Appeals held that the United States was immune, pursuant to the "discretionary function exemption" of the Federal Tort Claims Act (FTCA), from liability in a lawsuit brought by the family …
Sexually Harassed Prison Kitchen Worker Awarded $90,000 by On August 20, 2002, the U.S. District Court for the Eastern District of Kentucky awarded $90,000 to a prison kitchen worker who was sexually harassed by a prison captain. The judgment was against her former employer, Kellwell Food Management (KFM). While working …
Supervision Not Required for Failure to Obtain Leave to Take Prisoner's Deposition by Supervision Not Required for Failure to Obtain Leave to Take Prisoner's Deposition The Sixth Circuit Court of Appeals has held that the failure to request and receive court permission to take a prisoner's deposition in a civil …
Kentucky Prisoner Has Right to Adequate Medical Care by David Ray Byrd, a Kentucky prisoner, filed a lawsuit in the U.S. District Court, Western District of Kentucky, against the Department of Corrections (DOC), alleging that the DOC deprived him of his Eighth Amendment right to adequate medical care. In his …
Licensed Attorney Acting Pro Se Not Entitled Attorney Fee Award by The United States Supreme Court held that an attorney who represents himself pro se in a civil rights action may not receive an award of attorney fees under 42 U.S.C. § 1988 for that self-representation. The Petitioner was a …
Kentucky Juvenile Prisoner Was Properly Strip Searched for Probable Cause by The U.S. Western District of Kentucky determined a strip search of a juvenile was reasonable if there was probable cause. Katherine Reynolds, a troubled youth, had been arrested and found guilty of possession of marijuana, second degree forgery and …
Attorney Fee Award Under § 1988 Not Recoverable from Nonparty by After a man became a suspect in the murder of a Kentucky state trooper, various police officials raided the man's father's house and arrested all of the occupants, which did not include the man. The occupants filed suit in …
Sixth Circuit Permits Bivens action Against BOP for IAD Violation by The U.S. Sixth Circuit Court of Appeals held that a federal prisoner in custody of the Bureau of Prisons (BOP) could maintain a Bivens action against the BOP Director for failing to dismiss a detainer after the receiving jurisdiction …
One Meal Per Day May Not Be Adequate For Kentucky State Prisoner by Former Kentucky state prisoner Alford Cunningham filed a Federal Civil rights complaint alleging that McCracken County (Kentucky) jail personnel violated his 8th Amendment rights by subjecting him to cruel and unusual punishment when depriving him of food …
BOP Denial of Knee Surgery Upheld by The plaintiff alleged that he was denied surgery to repair a painful knee condition because the original injury antedated his incarceration. The surgery was allegedly performed a week after he filed suit; the plaintiff denied that he had had the surgery and said …
Kentucky Sex Offender Classification Upheld by The plaintiff complained he was wrongfully classified as a sex offender based on a prior state conviction for criminal sexual abuse. The court finds that federal prison policy supports the classification, and classification decisions do not present constitutional issues. The classification based on a …
BOP Detainer Suit Dismissed by The plaintiff federal prisoner complained of a detainer lodged against him by Indiana. He asked for disposition of the Indiana charges as provided in the Interstate Agreement on Detainers, and was taken to Indiana for arraignment, then returned to federal custody, then taken back to …
Police Beating Suit Not Barred By Heck by The plaintiff alleged that he was unlawfully seized, arrested without probable cause, and subjected to excessive force. His claims concerning the seizure and arrest were barred under Heck v. Humphrey because of pending criminal charges for resisting arrest, but the claim of …
Legal Mail and Attorney Call Claims Subject to PLRA by The plaintiff complained that his attorney-client telephone calls and correspondence were improperly intruded upon. At 159: Krilich argues that his Fifth Amendment claim is not subject to the PLRA because it is not brought "with respect to prison conditions." Krilich …
Sixth Circuit Orders Reconsideration of Attorney Fees Claim in Drug Testing Case by The U.S. Sixth Circuit Court of Appeals held that use of the enzyme multiplied immunoassay technique (EMIT) urine test for detecting prisoners' consumption of illegal drugs did not violate due process and did not violate terms of …
Stun Gunning & Straitjacketing Prisoner Okay by Stun Gunning & Straitjacketing Prisoner Okay The United States Court of Appeals for the Sixth Circuit held that the use of a stun gun and straight jacket by police on a prisoner did not violate the Eighth Amendment, and jail officials were not …
