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“Liberal” Pleading Construction Reveals Negligent Guard Theory Claim by "Liberal" Pleading Construction Reveals Negligent Guard Theory Claim The Second Circuit Court of Appeals has reversed a New York federal district court?s dismissal of claims under the Federal Tort Claims Act (FTCA), finding that the court failed to "liberally" construe the …
Fulton County Jail Consents to Improve Dismal Conditions by David Reutter The Fulton County Jail (FCJ) has entered into an agreement to correct the “dismal environmental conditions and poor maintenance” at the facility. A Georgia federal district court approved a consent order on February 7, 2006 to solidify the badly …
Article • August 15, 2007 • from PLN August, 2007
Texas Prison System Faces Critical Guard Shortage by Matthew Clarke by Matthew T. Clarke The Texas Department of Criminal Justice (TDCJ) is understaffed by 3,152 guards, a 12% deficit compared to full staffing. The shortage has grown each year from an average of 8.5% in 2004. Some prison units have …
Prison Privatization Launders Taxpayer Dollars into Political Contributions by David Reutter by David M. Reutter If you know a company is not saving you money or performing its contractual obligations, why would you continue to use that company? The normal consumer would end the relationship quickly. When it comes to …
Monterey County Grand Jury Report Blasts Two California Prisons by Marvin Mentor In its 2006 report on Monterey County?s two state prisons (Salinas Valley State Prison (SVSP) and the Correctional Training Facility (CTF)), the Monterey County Grand Jury made 23 findings and 13 recommendations for SVSP plus 5 findings and …
United States Sues Georgia County Jail over Unconstitutional Medical and Living Conditions by John Dannenberg by John E. Dannenberg Using its investigative powers under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, the U.S. Dept. of Justice (DOJ) investigated conditions at the Terrell County, Georgia jail …
Civil Grand Jury Calls San Mateo County Women’s Jail a “Crowded Disgrace” by Civil Grand Jury Calls San Mateo County Women's Jail a "Crowded Disgrace" The San Mateo County (California) Civil Grand Jury found that the decades-old Women's Correctional Center in Redwood City was so deficient that it must be …
MTC Stiffs Guards and Other Employees $169,105 by Prison guards are among the 393 employees of Management and Training Corporation (MTC), a company that shorted $169,105 in wages for work performed. MTC employs more than 2,000 workers at 24 Job Corps Centers and six prisons around the nation. The company …
Policy of Hiring Trained Medical Professionals Does Not Immunize County from Municipal Liability in Wrongful Jail Death; Case Settles for $475,000.00 by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that where a Los Angeles County Jail prisoner died of allegedly deficient medical attention, …
San Francisco Civil Grand Jury Cites Continuing Jail Deficiencies by John Dannenberg by John E. Dannenberg In November 2005, the jurors of the San Francisco Grand Jury inspected city and county jails and found longstanding unremediated problems of inadequate budgets, staffing shortages, overcrowding and high (40%) recidivism rates. The Jury …
Article • June 15, 2007 • from PLN June, 2007
Guards Convicted of Stealing, Bringing Drugs into Washington State Private Jail by Matthew Clarke by Matthew T. Clarke Security Specialists Plus (SSP) is a 60-employee firm operating out of Bellingham, Washington?s Irongate industrial area. It provides animal control services to unincorporated parts of Whatcom County, hires out private security guards, …
Article • June 15, 2007 • from PLN June, 2007
California Prison Guards Awarded $440 Million Retroactive Pay Increase by California?s 30,000 prison guards, some 6,000 of whom pulled down over $100,000 last year, won an arbitration award on January 19, 2007 for retroactive pay increases totaling $440 million. Funding for this liability was not included in the California Department …
Michigan Prisons: Another CMS Failure in Privatized Prisoner Health Care by David Reutter by David M. Reutter Another state prison system that subjected itself to the experiment of privatized medical services has learned the same hard lesson suffered by other states: a trail of inadequate care that leaves prisoners dead …
Indiana Prison Overcrowded with Inadequate Medical Care by The United States Court of Appeals for the Seventh Circuit held that the Indiana State Prison at Michigan City was overcrowded, and that the medical care available at the prison was constitutionally inadequate. The judgment of the trial court was affirmed in …
Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity by Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity The U.S. Northern District Court of Texas determined that a private operator of a state prison was not entitled to 11th Amendment and sovereign immunity. Cynthia Proctor, …
Article • May 15, 2007
Court Orders Minimum Jail Staffing at Harris County (TX) Jail by A federal district court in Texas ordered that Harris County (Texas) Jail official defendants not be held in contempt even thought they were unable to maintain a court-ordered minimum staff-to-prisoner ratio. The court stated that it had no choice …
Article • May 15, 2007
Liability for Sheriff's Hiring Decisions by The United States Supreme Court held that a county is not liable for a sheriffs decision to hire a reserve deputy without adequate screening. While driving from Texas to their home in Bryan County, Okalahoma, Jill Brown (respondent) and her husband approached a police …
Article • May 15, 2007
Arkansas Jailers Not Responsible for Prisoner's Beating by Scott Crow, a state prisoner in Arkansas' Faulkner County Detention Center (jail), had his jaw broken by a prisoner in his cell during a fight. He sued several jail administrators under 42 U.S.C. § 1983 in federal district court. Although the defendants …
No Contempt for KS Jail Sheriff by A consent judgment in a jail conditions case was entered in 1987; the jail was replaced in 1989; the new jail was found to be operating in violation of the consent decree in 1992. After further proceedings a final judgment was entered creating …
Delay in Treating Spinal Injury Survives Summary Judgment by The plaintiff injured himself in a fall, sustaining a spinal cord injury resulting in incontinence and other consequences. At 1221-22: "A delay in providing medical treatment is not actionable unless it is occasioned by 'deliberate indifference which results in substantial harm.' …
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