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$40,000 Settlement After BOP Employee Causes Automobile Accident
Article • February 15, 2009
Filed under: Work Conditions/Safety, Damages, Settlements, Federal Tort Claims Act, Guards/Staff, Employee Litigation
$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
Article • February 15, 2009
Filed under: Damages, Settlements, Federal Tort Claims Act, Premises Liability, Employee Litigation, Police
$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
Article • February 15, 2009
Filed under: Seizures, Failure to Treat, Damages, Settlements, Federal Statutory Law, Federal Tort Claims Act, Medical Neglect/Malpractice
$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 …
$185,000 Settlement For Man Needlessly Beaten By Seattle Police
Article • February 15, 2009
Filed under: Damages, Settlements, Failure to Train/Supervise, Police, False Arrest, Excessive Force (Police)
$185,000 Settlement For Man Needlessly Beaten By Seattle Police by Seattle resident Maikoiyo Alley Barnes (plaintiff) brought a 42 U.S.C. § 1983 action against Seattle police after being beaten in 2005 for questioning a sergeant's motives to ticket his friend for littering. The suit settled for $185,000. The plaintiff questioned …
$250,000 Settlement After LA Sheriff's Bullet Hits Innocent Bystander
Article • February 15, 2009
Filed under: Civil Procedure, Settlements, Excessive Force (Police)
$250,000 Settlement After LA Sheriff's Bullet Hits Innocent Bystander by The County of Los Angeles (L.A.) proposed a settlement of $250,000 after an innocent bystander was wounded by a ricocheting bullet. An investigation cleared sheriff's deputies of any wrongdoing but litigation was feared to result in a greater loss. L.A. …
Corruption in Orange County, CA Sheriff’s Department Revealed; Sheriff Resigns, Convicted on Criminal Charges
Article • February 15, 2009 • from PLN February, 2009
Filed under: Guard Misconduct, Jail Misconduct, Discrimination, Gang Policies, Retaliation against Staff, Retaliation for Use of Medical Services, Elections, Criminal Prosecution, Prison/Jail Murders, Failure to Protect (General), Staffing, Excessive Force, Guard Brutality/Beatings, Stun Guns/Tasers, Restraints, Failure to Protect (Wrongful Death), Employee Litigation
Corruption in Orange County, CA Sheriff’s Department Revealed; Sheriff Resigns, Convicted on Criminal Charges by Marvin Mentor Corruption in Orange County, CA Sheriff’s Department Revealed; Sheriff Resigns, Convicted on Criminal Charges by Marvin Mentor Former Orange County, California Sheriff Michael S. Carona and many of his staff at the Theo …
From the Editor
Article • February 15, 2009 • from PLN February, 2009
Filed under: Commentary/Reviews, Editorials
From the Editor by Paul Wright This is the first issue of PLN published during the Barak Obama presidency. Hopefully we will see change for the better. Even before he took office Obama and Biden were making good on their promises to provide billions of dollars to local police departments …
Second Chance Act Signed Into Law, But Not Yet Funded
Article • February 15, 2009 • from PLN February, 2009
Filed under: Work Release, Geriatric Classification, Discrimination, Sex Offenders (Discrimination), Rehabilitation/Recidivism, Tax Law, Federal Legislation
Second Chance Act Signed Into Law, But Not Yet Funded by Brandon Sample Second Chance Act Signed Into Law, But Not Yet Funded by Brandon Sample On April 9, 2008, President Bush signed the Second Chance Act into law. The Second Chance Act (P.L. 110-199), a bi-partisan effort, was designed …
Private Prison Companies Not Forthcoming About Immigration Detainee Deaths
Article • February 15, 2009 • from PLN February, 2009
Filed under: Private Prisons, Corrections Corporation of America/CoreCivic, GEO Group/Wackenhut, Financing, Management and Training Corporation, Statistics/Trends, Immigration, Medical Neglect/Malpractice
Private Prison Companies Not Forthcoming About Immigration Detainee Deaths by Private Prison Companies Not Forthcoming About Immigration Detainee Deaths by Matt Clarke The private prison industry has benefited from a recent influx of contracts from the federal government to incarcerate immigration detainees. Such contracts are more lucrative than those for …
BOP Suspends Use of Ion Spectrometry Drug Detection Devices
Article • February 15, 2009 • from PLN February, 2009
Filed under: Searches, Mechanical Searches/Scanners, Visitor Searches, Drug Testing
BOP Suspends Use of Ion Spectrometry Drug Detection Devices by Brandon Sample On April 10, 2008, the federal Bureau of Prisons (BOP) discontinued the use of all ion spectrometry drug detection machines, more commonly known as ion scanners. According to a memo from BOP assistant director Joyce K. Conley, “the …
Officials Agree To Cap Population at D.C. Jail
Article • February 15, 2009 • from PLN February, 2009
Filed under: Totality of Conditions, Overcrowding, Injunctions (PLRA), Injunctions, Sanctions, News, State Legislation
Officials Agree To Cap Population at D.C. Jail by Michael Rigby After decades of fighting lawsuits, skirting court orders, and defying legislative decrees, the District of Columbia Mayor’s Office has finally agreed to a definitive population cap at the notoriously overcrowded and dangerous D.C. Jail. Under the terms of the …
Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000
Article • February 15, 2009 • from PLN February, 2009
Filed under: Misconduct/Corruption, Threats by Staff, Sex Offenders (Discrimination), Failure to Protect (General), Appeals, Qualified Immunity
Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 by Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 The U.S. Court of Appeals for the …
Changes in Texas Parole Laws Violate Ex Post Facto Clause
Article • February 15, 2009 • from PLN February, 2009
Filed under: Discrimination, Sex Offenders (Discrimination), Limitations, Ex Post Facto, Parole, Habeas Corpus
Changes in Texas Parole Laws Violate Ex Post Facto Clause by Matthew Clarke by Matt Clarke On March 29, 2007, a federal court ruled that changes in Texas parole laws, practices and procedures violated the federal ex post facto clause when applied retroactively. Barry Michael Wion, a Texas state prisoner, …
Jose Medellin Executed; Vienna Convention Controversy Lives On
Article • February 15, 2009 • from PLN February, 2009
Filed under: Crime/Demographics, Criminal Prosecution, International Law, Death Penalty
Jose Medellin Executed; Vienna Convention Controversy Lives On by Matthew Clarke Jose Medellin Executed; Vienna Convention Controversy Lives On by Matt Clarke On August 5, 2008 at 9:48 p.m., the State of Texas began the lethal injection that ended the life of Jose E. Medellin. In doing so, it ignored …
Fifth Circuit: § 1983 Nominal and Punitive Damages Allowed Absent Physical Injury
Article • February 15, 2009 • from PLN February, 2009
Filed under: Strip Searches, Physical Injury Rule, Civil Procedure, Damages
Fifth Circuit: § 1983 Nominal and Punitive Damages Allowed Absent Physical Injury by Fifth Circuit: § 1983 Nominal and Punitive Damages Allowed Absent Physical Injury For the first time in a published opinion, the Fifth Circuit U.S. Court of Appeals has held that a prisoner pursuing a civil rights action …
Department of Justice Report on Prison Rape Elimination Act
Article • February 15, 2009 • from PLN February, 2009
Filed under: Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Prisoner-Staff Assault, Prisoner-Visitor Assault, Sexual Assault by Parolees, Staff-Staff Assault, Assault by Police, Statistics/Trends
Department of Justice Report on Prison Rape Elimination Act by Matthew Clarke Department of Justice Report on Prison Rape Elimination Act by Matt Clarke In September 2007, the National Institute of Corrections (NIC) of the U.S. Department of Justice (DOJ) released the annual report for calendar 2006 on DOJ’s implementation …
Notwithstanding Federal Healthcare Receiver, California Prisoners Can Still Use State Habeas Corpus to Redress Medical Complaints
Article • February 15, 2009 • from PLN February, 2009
Filed under: Medical, Skeletal Injury, Surgery, State Law Claims, Mootness, Habeas Corpus
Notwithstanding Federal Healthcare Receiver, California Prisoners Can Still Use State Habeas Corpus to Redress Medical Complaints by The California Court of Appeal, Fifth Appellate District, held that even though the California Department of Corrections and Rehabilitation (CDCR) was under the supervision of a court-appointed federal healthcare Receiver, state prisoners nonetheless …
Report Criticizes Conditions in U.S. Immigrant Detention Center in Tacoma, Washington
Article • February 15, 2009 • from PLN February, 2009
Filed under: GEO Group/Wackenhut, Systemic Medical Neglect, Toilets, Transportation, Restraints, Immigration, Mental Health
Report Criticizes Conditions in U.S. Immigrant Detention Center in Tacoma, Washington by David Reutter Report Criticizes Conditions in U.S. Immigrant Detention Center in Tacoma, Washington by David M. Reutter Conditions at the federal immigration center in Tacoma, Washington, are substandard and not in compliance with national standards, “much less international …
Washington DOC Restarts Private Industry Prison Jobs Following State Constitutional Amendment
Article • February 15, 2009 • from PLN February, 2009
Filed under: Work, Prison Industries, Prison Labor, State Legislation
Washington DOC Restarts Private Industry Prison Jobs Following State Constitutional Amendment by John Dannenberg Washington DOC Restarts Private Industry Prison Jobs Following State Constitutional Amendment by John E. Dannenberg After eliminating private industry prison work programs in response to a Washington State Supreme Court ruling declaring the underlying statute unconstitutional …
Ohio Settles Actual Innocence Claim For $1,500,000
Article • February 15, 2009 • from PLN February, 2009
Filed under: Attorney Fee Awards, Wrongful Conviction, Death Penalty/Death Row, Death Penalty
Ohio Settles Actual Innocence Claim For $1,500,000 by Ohio and Ohio prosecuting officials settled a wrongful incarceration lawsuit by agreeing to pay $1,500,000 to a man who was imprisoned for 26 years after his conviction for a robbery and murder he did not commit. Gary James, 55, and his friend …
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