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Article • July 15, 2009 • from PLN July, 2009
$3,200 Awarded to Indiana Jail Prisoner for Negligent Medical Care by On December 2, 2008, a federal jury awarded Richard Petrig, a former prisoner, $3,200 for negligent medical care. Petrig was attacked by his cellmate while incarcerated at the Posey County Jail in Indiana. After the attack, Petrig told jail …
Article • July 15, 2009 • from PLN July, 2009
New York Prisoner Awarded $5,000 for Assault by Cellmate by A New York Claims Court awarded a prisoner $5,000 for being assaulted by his cellmate. The Court found that prison officials knew or should have known that a threat existed and they failed to act to prevent it. While incarcerated …
Article • July 15, 2009 • from PLN July, 2009
Postal Service Panics Over Sex Offender Participant in Christmas Program by Matthew Clarke by Matt Clarke On December 18, 2008, just a week before Christmas, the U.S. Postal Service abruptly suspended its decades-old Operation Santa Claus, a holiday program in which volunteers sift through children’s letters addressed to Santa, “adopt” …
Article • July 15, 2009 • from PLN July, 2009
PLN Files Suit Against Los Angeles County for Failure to Comply with Public Records Act by As part of ongoing research, PLN submitted a public records request to the Los Angeles County Sheriff’s Department on January 29, 2008, seeking records related to settlements and verdicts resulting from tort, overdetention and …
Article • July 15, 2009 • from PLN July, 2009
Survivor Manual, compiled and edited by Bonnie Kerness, illustrated by Todd Tarselli and other talented artists, 90 pgs. by Sundiata Acoli Book review by Sundiata Acoli This is a Survivor Manual by survivors—so it can’t get much more real than that. Most of its contributors have spent many years in …
Causal Link Established by Prison Officials’ Failure to Protect Prisoner from Specific Threats by The Eleventh Circuit Court of Appeals held that two Florida prison officials could be held liable under 42 U.S.C. § 1983 for failure to act upon a prisoner’s request for protection when he specified the nature …
Article • July 15, 2009 • from PLN July, 2009
$3.3 Million Settlement Fund Established in New Mexico Jail Strip Search Settlement by A $3.3 million settlement fund has been established in a class action lawsuit alleging an unconstitutional blanket strip search at the Valencia County Detention Center (VCDC) in New Mexico violated the rights of the class. VCDC was …
Former California DOC Worker Kept Confidential Prison Gang Files at Home by A former typist for the California Dept. of Corrections and Rehabilitation (CDCR) was convicted of having confidential prison gang files in her Sacramento home. The files also included the names and social security numbers of 5,500 state employees. …
California Jury Awards Deaf Prisoner $5,000 for Failure to Provide Interpreter; $193,582 in Fees Awarded by Court by A state court jury has awarded $5,000 to a deaf prisoner against the County of Los Angeles for failing to provide him with a sign language interpreter while he was in jail. …
Louisiana Private Prison Warden Arrested for Malfeasance by Leroy Holiday, Sr., 55, a regional warden for LaSalle Management Company, LLC (LMC), a private prison firm, was released on $5,000 bond after being arrested and booked into the LaSalle Parrish Jail in November 2008. According to LaSalle Parish Sheriff Scott Franklin, …
Massachusetts Prisoner Awarded $550,307 in Attorney Fees and Costs in Unsanitary Conditions Case by On December 30, 2008, a Massachusetts state court awarded a former prisoner $547,566 in attorney fees and $2,741 in costs and litigation expenses in a civil rights action in which the plaintiffs were awarded only nominal …
Article • July 15, 2009 • from PLN July, 2009
$75,000 Settlement for Shutting Off Water in Seattle Jail Prisoner’s Cell by Washington State’s King County Jail has settled a pre-trial detainee’s claim that he was unconstitutionally punished. The Jail settled the matter for $75,000. The basis of the claim was a guard shutting off the water in the prisoner’s …
Article • July 15, 2009 • from PLN July, 2009
Oregon Teenage Girls Stage Brazen Escape Attempt by A bold and bloody escape attempt from an Oregon lockup sent three guards to the hospital. In a stunning twist, the masterminds behind the well-planned, brazen attempt were not hardened criminals, but rather a group of eight teenage girls ranging from 13 …
Article • July 15, 2009 • from PLN July, 2009
California: Waiver of Private Psychotherapist-Patient Privilege an Unreasonable Condition of Parole by The California Court of Appeal (2nd District) agreed with a superior court that it was unreasonable for a parole officer to insist that a parolee must, as a condition of parole, waive his confidential privacy privilege with his …
Article • July 15, 2009 • from PLN July, 2009
$445,000 Settlement in Ohio Jail Prisoner’s Medical Death by Ohio’s Hancock County Jail agreed to pay $445,000 in the death of a prisoner. The settlement provides no liability of wrongdoing in the April 26, 2006 death of prisoner Lisa Waddell. The suit was brought by Waddell’s daughter. Waddell was found …
State, Not County, Required to Pay Attorney Fees in Georgia Death Penalty Cases by On March 9, 2009, the Georgia Supreme Court affirmed a lower court’s order holding the Georgia Public Defender Standards Council (“Council”), in contempt for refusing to pay two defense lawyers in a death penalty case. The …
Article • July 15, 2009 • from PLN July, 2009
Pennsylvania County Sex Offender Residency Ordinance Voided by by David M. Reutter On March 20, 2009, a Pennsylvania federal district court held that an Allegheny County ordinance which restricted where sex offenders could live was in conflict with state law, and thus was invalid. The plaintiffs in this case were …
$9,000 Award for Hawaiian Prisoners Bitten By Dogs at Oklahoma CCA Prison by On October 31, 2008, a Hawaiian state court awarded $3,000 each in damages to three Hawaiian prisoners who were bitten by dogs while incarcerated at a private prison in Oklahoma. Jonathan K. Lum, John Daffron and Frank …
Florida and Oregon Prison Employees Face Sex Charges by On November 7, 2008, prison guard Geno Lewis Hawkins was arrested by the Florida Department of Law Enforcement (FDLE) and the Inspector General’s Office of the Florida Department of Corrections (FDOC) on a charge of sexual battery. In August 2008, FDLE …
Article • July 15, 2009 • from PLN July, 2009
Fifth Circuit Rules Texas Parole Law Not Ex Post Facto by The U.S. Fifth Circuit Court of Appeals ruled that a Texas parole law created in 1993, but applied retroactively to capital offenders in 1995, was not ex post facto. Billy Ray Wallace was sentenced in December 1981 for the …
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