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Article • February 15, 2009
N.Y. Land Records' Denial Remanded For Privacy, Preparation Determination by Nationally operated Data Tree, Inc., LLC., sought review of an appellate affirmation denying public land records requested under the state's Freedom of Information Law (FOIL). The denial was reversed and remanded for an in camera inspection to determine electronic accessibility …
Nassau County Attorney's Representation Of Assistant D.A. Terminated For Suspicion by Nassau County (New York) and District Attorney Dennis Dillon appealed an order granting reimbursement for private counsel obtained by Assistant District Attorney Marie Salem in a 42 U.S.C. § 1983 defamation suit. The County also appealed a protective order …
Article • February 15, 2009
$316,131 Settlement In Ex BOP Employee's Civil Rights Suit by Former Federal Bureau of Prisons (BOP) employee Shelly Sheets brought a 42 U.S.C. § 1983 action against the BOP in 1997, alleging disparate treatment, sexual harassment and retaliation. A jury awarded Sheets a total of $316,131. Sheets, a seven year …
Article • February 15, 2009
Allegedly Beaten Federal Prisoner Settles For $75; Pays § 1983 Filing Fee by Brian Lane, a Bureau of Prisons prisoner, brought a pro se 42 U.S.C. § 1983 action in 1998 after allegedly being beaten by USP Terre Haute guard Fred Thomas, Jr. The suit settled for $75 in 2000. …
BOP Medical Worker's Race Based Termination Suit Settles For $65,000 by West Virginia resident and ex Bureau of Prisons medical employee, Darrick Leacock, brought a 42 U.S.C. § 1983 action in 1995 against United States Attorney General Janet Reno after allegedly being discriminated against and subsequently fired due to his …
Article • February 15, 2009
BOP Offers $150,000 Settlement After Prisoner Was Raped By Guard by Kentucky federal prisoner Vileiby Rosado brought a federal tort action in 1995 for $500,000 after being raped by a Federal Bureau of Prisons (BOP) guard who had prior undisciplined incidents for similar conduct. A $150,000 settlement was offered by …
Article • February 15, 2009
California Assesses Retroactive Fees For Courthouse Construction by California State prisoner Timothy McCoy appealed the assessment of fines and penalties after violating the terms of his probation. The assessment was affirmed after resolving ambiguous statutory provisions. The court noted that the decision was only applicable in Los Angeles County and …
Article • February 15, 2009
California Court Security Maintenance Fee Held Retroactive, Not Punitive by California State prisoner Tracy Alford sought review of an appellate affirmation allowing the retroactive imposition of a fee in addition to his sentence. The court held that the fee was not punitive and that the Legislature clearly intended for the …
Article • February 15, 2009
California Prison Sentence Credits Based On Crime, Not Pleaded Offense by California State prisoner Damian Pacheco challenged the work time credit applied to his sentence pursuant to statutorily mandated violent crime enhancement, although he pled to a lesser offense. His state habeas corpus petition was denied. Pacheco broke a wooden …
Article • February 15, 2009
Civilians Replace Kitchen Guards At New York Correction Center by Nassau County (New York) Sheriff Officer's Association, Inc., and individual guards (plaintiffs), petitioned to prevent the County from replacing guards with civilian workers and supervisors in the kitchens at the Nassau County Correction Center (NCCC) pending the disposition of an …
Article • February 15, 2009
District Of Columbia Moultrie Courthouse Deemed Seriously Substandard by The U.S. Department of Justice (DOJ), Office of the Inspector General (OIG), prepared a report revealing substandard conditions as well as safety and security inadequacies at the District of Columbia's (DC) H. Carl Moultrie I Courthouse. In 1975, construction began on …
Federal Officials' Refusal To Treat Prisoner's Severed Tendon Settles For $22,500 by Virginia federal prisoner Chris Walker brought a federal tort action against the United States in 1998 after various officials refused to treat his severed Achilles tendon. Jail and prison officials, as well as Bureau of Prisons personnel ignored …
Article • February 15, 2009
$5,000 Settlement For Leavenworth Guards' Unprovoked Beating Of Federal Prisoner by Illinois federal prisoner Kerry Dixon brought a combined Bivens and federal tort action against the United States in 1994 after guards beat him without just cause at the United States Penitentiary in Leavenworth, Kansas (USP Leavenworth) in 1993. The …
Article • February 15, 2009
$10,000 Settlement For Ex Federal Prisoner After Slipping In Water by Ex Federal prisoner and Michigan resident William Bonhart brought a federal tort action in 2000 against the U.S. Department of Justice (DOJ) and the Federal Bureau of Prisons (BOP) after slipping in water in 1998 at the Federal Correctional …
Article • February 15, 2009
$11,000 Settlement For Failure To Treat Federal Prisoner's Hepatitis "C" Virus by Illinois federal prisoner Louis Sheptin brought a combined federal tort and Bivens action against the United States in 2000 for the failure to treat and disclose to him that he was infected with Hepatitis "C." The $10 million …
$12,773.46 Settlement After BOP Vehicle Rear Ends Motorist by Tennessee resident Beverly Oliver brought a federal tort action against the United States in 1996 after being rear ended by a Bureau of Prisons (BOP) truck driven by a prisoner. The $75,000 suit settled for $12,773.46. Oliver was a passenger in …
Article • February 15, 2009
$20,000 Settlement After Citizen Falls At Federal Medical Center by Missouri resident Wealtha Liggins brought a federal tort action against the United States in 1996 after she fell at the Federal Medical Center (FMC) in Kentucky. The $500,000 suit settled for $20,000. Liggins was a guest at the FMC in …
$40,000 Settlement After BOP Employee Causes Automobile Accident by West Virginia resident Lillian Poindexter brought a federal tort action in 1997 against the U.S. Department of Justice (DOJ), the Federal Bureau of Prisons (BOP) and federal agent Mari Higgins after being struck by Higgins' vehicle. The $139,000 suit settled for …
$50,000 Settlement In Memphis Policeman's Training Injury by Memphis (Tennessee) policeman Michael Cockerell and his wife Linda brought a federal tort action against the United States in 1999 after he fell during an obstacle course training exercise at a federal facility. The $1,500,000 suit settled for $50,000. Cockerell was training …
$125,000 Settlement In BOP Guard Induced Prisoner's Death by Parents of deceased ex Kentucky federal prisoner, Marcus Dascenzo, brought a federal tort action against the United States in 2002 after a guard's failure to treat their son resulted in his death. After the Department of Justice's initial refusal to pay …
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