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South Carolina Prisoner Awarded $4,000 For Fall, Broken Ankle

Article • June 15, 2007 • from PLN June, 2007

Filed under: Restraints, Immunity/Liability, Premises Liability

South Carolina Prisoner Awarded $4,000 For Fall, Broken Ankle by On August 21, 2006, a South Carolina jury awarded $4,000 to a man who fell and broke his ankle while imprisoned in the Charleston County Detention Center. Plaintiff Clark Green, 40, claimed that while imprisoned in the two-story jail he …

Locklear v. Marlboro County, SC, Exhibit 12 - Contract Between SHP and Charles Bush, Wrongful Death - Medical Neglect, 2007

Brief • 2007

Filed under: Drug/Alcohol Withdrawal, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides, Negligence/Reckless Endangerment

Locklear v. Marlboro County, SC, Exhibit 12 - Contract Between SHP and Charles Bush, Wrongful Death - Medical Neglect, 2007 Exhibit 1 PHYSICIAN INDEPENDENT CONTRACTOR AGREEMENT between Southern Health Partners, Inc. and CHARLES A. BUSH, M.D. THIS AGREEMENT IS MADE AND ENTERED INTO this 1ST day of July, 2001, between …

Motion to Quash Subpeona of DNA Sample Denied

Article • May 15, 2007

Filed under: Staff-Prisoner Assault, Misconduct/Corruption, Guard Misconduct, DNA Testing/Samples

Motion to Quash Subpeona of DNA Sample Denied by Motion to Quash Subpoena of DNA Sample Denied A South Carolina U.S. District Court has ordered a female prison guard to produce a DNA sample for a grand jury. Shaddie Clark Shabazz is a female guard at a South Carolina federal …

Supreme Court Discusses § 501(c)(3) Tax Exempt Status

Article • May 15, 2007

Filed under: Racial Discrimination, Prisoner Privileges, Education, Tax Law, Education (Juveniles)

Supreme Court Discusses § 501(c)(3) Tax Exempt Status by The United States Supreme Court held that a South Carolina nonprofit private school, which prescribed and enforced racially discriminatory admission standards on the basis of religious doctrine, did not qualify as a tax-exempt organization under 501(c)(3) of the Internal Revenue Code. …

Federal Prisoners Sanctioned Loss of Good Time for Frivolous Suit

Article • May 15, 2007

Filed under: PLRA, Frivolous Litigation (PLRA), Good Time

Federal Prisoners Sanctioned Loss of Good Time for Frivolous Suit by A South Carolina federal district court held a lawsuit filed by two federal prisoners was frivolous and ordered loss of good time credits. The suit was filed by two federal prisoners convicted of various narcotics charges. Their 42 U.S.C. …

South Carolina: Liberty Interest Not Implicated by Denial of Rehabilitation

Article • May 15, 2007

Filed under: Liberty Interests, Prisoner Privileges, Rehabilitation/Recidivism, Sex Offender Treatment

South Carolina: Liberty Interest Not Implicated by Denial of Rehabilitation by The Supreme Court of South Carolina held that the denial of a prisoner's grievance requesting immediate enrollment in the second phase of a sex offender treatment program (SOTP) did not create a liberty interest entitling him to have the …

Supreme Court Bans Drug Testing of Pregnant Women

Article • May 15, 2007

Filed under: Medical, OB/GYN, Drug Testing

Supreme Court Bans Drug Testing of Pregnant Women by At 1288: "The reasonable expectation of privacy enjoyed by the typical patient undergoing diagnostic tests in a hospital is that the results of those tests will not be shared with nonmedical personnel without her consent." See: Ferguson v. City of Charleston, …

Fourth Circuit Demands Particularized Right Under Qualified Immunity

Article • May 15, 2007

Filed under: Immunity/Liability, Qualified Immunity

Fourth Circuit Demands Particularized Right Under Qualified Immunity by In qualified immunity analysis, "[a] preliminary task is to define the constitutional right at issue 'at a high level of particularity.'" (279, citation omitted) The court cites one of its 1999 cases for this point and does not discuss whether this …

Attorney Fee Award Increased in Conditions Case

Article • May 15, 2007

Filed under: Conditions of Confinement, Totality of Conditions, Attorney Fee Awards, Class Certification

Attorney Fee Award Increased in Conditions Case by The court of appeals for the Fourth circuit upheld a lower court's grant of attorney fees higher than the lawyer's normal rates due to the complexity of the case. The fee award in this class action conditions case in South Carolina totaled …

$1,000,000 Award for Crude, Nonconsensual Finger Amputation

Article • May 15, 2007

Filed under: Medical, Surgery, Amputations, Consent to Treatment, Malpractice

$1,000,000 Award for Crude, Nonconsensual Finger Amputation by On May 22, 2001, a South Carolina jury awarded $1 million to a state prisoner who claimed that after he traumatically severed his ring finger in a slip and fall accident, a prison doctor crudely amputated the residual bone at the prison …

Standard Set for Violation of Free Exercise Clause

Article • May 15, 2007

Filed under: Religious Freedom, Religious Practices, Sabbaths

Standard Set for Violation of Free Exercise Clause by The U.S. Supreme Court held that government may not deny unemployment benefits to a claimant who was unable to obtain employment because of religious objections she would not take Saturday work. After being discharged from her job as a textile mill …

Qualified Immunity for Body Cavity Search of Prison Guard

Article • May 15, 2007

Filed under: Body Cavity Searches, Employee Searches, Immunity/Liability, Qualified Immunity, Employee Litigation

Qualified Immunity for Body Cavity Search of Prison Guard by The plaintiff correctional employee was subjected to a visual body cavity search after a prisoner informant said that the employee was going to smuggle in some drugs in a tampon. Conducting the search was within the outer perimeter of the …

South Carolina Jail Prisoner Awarded $2,000 In Mediation For Work-Related Injury

Article • May 15, 2007

Filed under: Work, Prison Labor, Workplace Injury, Work Conditions/Safety, Contractor Liability

South Carolina Jail Prisoner Awarded $2,000 In Mediation For Work-Related Injury by South Carolina Jail Prisoner Awarded $2,000 In Mediation For Work-Related Injury In December 1997, a Horry County, South Carolina, prisoner was awarded $2,000 in mediation for injuries he sustained while working at a county landfill. The prisoner claimed …

South Carolina Prison Industries Program Implements Some Audit Recommendations

Article • November 15, 2006 • from PLN November, 2006

Filed under: Work, Prison Industries, Prison Labor

South Carolina Prison Industries Program Implements Some Audit Recommendations by Michael Rigby The South Carolina Department of Corrections (SCDC) has implemented 5 of 13 recommendations made in an October 2003 report that criticized its Prison Industries Program (PIP), according to a May 2006 follow-up report. In its original report the …

Asthmatic South Carolina Prisoner Awarded $3,200 on ETS Claim

Article • September 15, 2006 • from PLN September, 2006

Filed under: Conditions of Confinement, Smoking, Damages, Qualified Immunity

Asthmatic South Carolina Prisoner Awarded $3,200 on ETS Claim by A federal court in South Carolina found that prison officials were deliberately indifferent to an asthmatic prisoner's medical condition by exposing him to environmental tobacco smoke (ETS), from February 1999 to November, 2001. The court awarded $3,200, or $100 a …

South Carolina Prisoner Awarded $825,000 for Untreated Infection

Article • July 15, 2006 • from PLN July, 2006

Filed under: Medical, Dental Care

South Carolina Prisoner Awarded $825,000 for Untreated Infection by On January 10, 2006, a South Carolina jury awarded $825,000 to a state prisoner who received inadequate medical treatment for a life threatening infection. State prisoner Jason Bynum was diagnosed with a serious mouth infection on January 9, 2002, while imprisoned …

South Carolina Jury Awards $28.5 Million For Diabetic Jail Prisoners Death

Article • July 15, 2006 • from PLN July, 2006

Filed under: Eastern Health Care Group, Medical, Diabetes, Damages, Medical Neglect/Malpractice

South Carolina Jury Awards $28.5 Million For Diabetic Jail Prisoners Death by South Carolina Jury Awards $28.5 Million For Diabetic Jail Prisoners Death A South Carolina jury has awarded $28.5 million to the family of a mentally ill diabetic man who died from insulin deficiency while imprisoned at the Sumter …

Wilson v. Hampton County, SC, Amended Complaint, Protection against Danger, 2005

Brief • October 6, 2005

Filed under: Sexual Assault, Prisoner-Staff Assault, Jail Misconduct, Pain, Injury -- Misc., Jail Specific, Federal Tort Claims Act, Failure to Protect (Staff), Fourteenth Amendment, rights

Wilson v. Hampton County, SC, Amended Complaint, Protection against Danger, 2005 IN THE UNITED STATES DISTRICT COURT THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION Civil Action No. 9:05-1777-PMD Brenda Wilson, Plaintiff ) ) ) v. ) Hampton County, ) Tonda Smith, Felsiha Mixson ) Illlya Odom, Diane Jamison ) Individually …

Noncompliance With South Carolina Prevailing Wage Statute Grievable

Article • June 15, 2005 • from PLN June, 2005

Filed under: Work, Prison Industries

Noncompliance With South Carolina Prevailing Wage Statute Grievable by by Michael Rigby The South Carolina Supreme Court upheld the decisions of two circuit courts regarding the application of South Carolina's Prevailing Wage statute to prisoners. South Carolina's prevailing wage statute, S.C. Code Ann. 24-3-40, -410, -430 (Supp. 2002), requires the …

South Carolina Prison Officials Cheat Charity, Attempt Coverup

Article • March 15, 2005 • from PLN March, 2005

Filed under: Misconduct/Corruption, DOC/BOP misconduct, Prison Industries, Prison Labor

South Carolina Prison Officials Cheat Charity, Attempt Coverup by South Carolina Prison Officials Cheat Charity, Attempt Coverup by Michael Rigby Officials at South Carolina's Lieber Correctional Institution (LCI) were supposed to be supplying free prison labor to a charity that builds portable housing for the elderly. Instead, they were stealing …