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BOP Settles FTCA Abuse/Religious Discrimination Suit for $48,000 by Brandon Sample O n August 12, 2009, the Federal Bureau of Prisons (BOP) agreed to settle a lawsuit by a Muslim former prisoner who alleged that he was tortured and beaten after complaining to investigators about his Quar’an and Kufi being …
U.S. DOJ Calls Houston Jail Unconstitutional, Prisoner Death Rate Alarming by Gary Hunter As a follow-up to PLN’s October 2009 cover story, this article examines in greater detail findings by the U.S. Department of Justice (DOJ) related to conditions at the Harris County jail in Houston, Texas. From 2001 through …
$75,000 Settlement in Heart Attack Death of Missouri Jail Prisoner by On June 3, 2009, Greene County, Missouri agreed to pay half of a $75,000 settlement in a wrongful death action brought by the family of a prisoner who died while at the Greene County Jail. In July 2005, Winston …
Article • January 15, 2010 • from PLN January, 2010
Don’t Build it Here Revisited (or “There is no Economic Salvation Through Incarceration”) - Prisons Do Not Create Jobs by Clayton Mosher by Clayton Mosher and Gregory Hooks Despite widespread popular beliefs that prison construction offers substantial economic benefits to local areas, empirical research has suggested otherwise. In an article …
$125,000 Settlement in Suicide Death Of New York Jail Prisoner by On April 29, 2009, Onondaga County, New York agreed to settle a lawsuit filed by the family of a prisoner who committed suicide at the Onondaga County Justice Center (OCJC) for $125,000. On October 7, 2006, William O’Neil hung …
Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur by John E Dannenberg by John E. Dannenberg A pro se Pennsylvania state prisoner won a jury verdict of $5,000 in compensatory damages plus $100,000 in punitive damages against a prison official who openly and repeatedly retaliated against him after he …
Settlement in Class-Action Suit Against CCA Modified After PLN Unseals Court Documents by Alex Friedmann Last October, PLN reported that Corrections Corporation of America (CCA), the nation’s largest private prison firm, had settled a class action lawsuit in U.S. District Court in Kansas that raised claims under the Fair Labor …
Colorado Detainee Tasered During Seizure, Paid $116,731.73 and $83,268.27 in Fees by A Colorado detainee settled his medical neglect and excessive force suit within four months of filing for $116,731.73 in damages and $83,268.27 in attorney’s fees. On July 26, 2006, Michael R. Martin was booked into Colorado’s Adams County …
Article • January 15, 2010 • from PLN January, 2010
Prison Video Visitation Expands into For-Profit Market by David Reutter by David M. Reutter Businesses seeking to profit from the exponential expansion of our nation’s prison population are now turning to visitation. Florida-based JPay is implementing its “video-conference visitation” in Indiana’s prison system, while other companies, such as einmate.com, are …
BOP Guard Found Guilty in Prisoner’s Death, Sentenced to Life by Brandon Sample On July 30, 2009, a federal jury found a former prison guard at the Federal Correctional Complex (FCC) in Coleman, Florida guilty of civil rights violations in connection with a prisoner’s death. She later received a life …
South Dakota: Prisoner May Enforce Third-Party Kosher Meal Obligation by The South Dakota Supreme Court has ruled that a state prisoner can bring a third-party beneficiary claim to enforce a settlement agreement between the South Dakota Department of Corrections (DOC) and another prisoner. Charles E. Sisney, a DOC prisoner, filed …
Federal Jury Awards $5 Million for Wrongful Conviction Involving Houston Crime Lab by Matthew Clarke by Matt Clarke A Texas federal jury awarded $5 million to a former prisoner who was wrongly convicted of kidnapping and sexual assault based in part on falsified evidence generated by the Houston Police Department’s …
Seventh Circuit Upholds $9,063,000 Award to Illinois Ex-Prisoner Exonerated by DNA by Brandon Sample On December 30, 2008, the U.S. Court of Appeals for the Seventh Circuit upheld a $9,063,000 jury award to a former prisoner, later exonerated by DNA evidence, whose criminal trial was rendered unfair by a police …
Article • January 15, 2010 • from PLN January, 2010
Iowa Supreme Court: Retroactive Good Conduct Time Denial is Unconstitutional, Depending on Date of Conviction by Matthew Clarke by Matt Clarke On January 23, 2009, the Iowa Supreme Court held that state law amendments enacted in 2001 and 2005, which required that certain prisoners must participate in rehabilitative programs to …
New York Politicians Want to Re-Evaluate Civil Confinement Release Law by Matthew Clarke by Matt Clarke Two years ago New York enacted the Sex Offender Management and Treatment Act, which lets a jury release a civilly-committed sex offender from confinement if the state fails to provide sufficient evidence of a …
Seventh Circuit Reverses Dismissal of 8th Amendment and FTCA Medical Claims; Case Settles on Remand for $20,000 by The U.S. Court of Appeals for the Seventh Circuit has reversed, for the second time, a grant of summary judgment to two Bureau of Prisons (BOP) medical employees and the United States …
Article • January 15, 2010 • from PLN January, 2010
New Hampshire City Ordinance Restricting Sex Offender Residency Found Unconstitutional by On July 30, 2009, a New Hampshire state district court held that a city ordinance restricting where sex offenders could live violated the Equal Protection Clause of the New Hampshire Constitution. Richard Jennings, a resident of Dover, was charged …
Article • January 15, 2010 • from PLN January, 2010
PLN Sues Texas Dept. of Criminal Justice Over Censorship; Court Upholds Rights of Book Distributors by Alex Friedmann On November 4, 2009, Prison Legal News filed suit in U.S. District Court for the Southern District of Texas against Brad Livingston, Executive Director of the Texas Dept. of Criminal Justice (TDCJ), …
Oneida County, NY Jail Suicide Litigation Settled for $225,000 by In May 2008 the County of Oneida agreed to pay $100,000, and CNY Services agreed to pay $125,000, in settlement of a wrongful death claim brought by the parents of a 17-year-old detainee who committed suicide in the Oneida County …
Sex with Former Jail Employee Lands Texas Sex Offender Back in Prison by On February 27, 2009, three days after his release from prison, Wydell J. Vaughn, 28, found himself back behind bars for having a romantic relationship with a former jail employee. Vaughn was convicted in 2002 on two …
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