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TDCJ Employee Wins $1,505,000 for Texas Prison System’s Failure to Accommodate
Article • February 15, 2009 • from PLN February, 2009
Filed under: Respiratory, Conditions of Confinement, Toxic Fumes/Chemicals, Environmental Law, Employee Litigation, Disabled Employees
TDCJ Employee Wins $1,505,000 for Texas Prison System’s Failure to Accommodate by An El Paso jury awarded $1,505,000 to a former employee of the Texas Department of Criminal Justice (TDCJ) for the prison system’s failure to accommodate her severe asthma by refusing to remove automatic air fresheners from an office …
Class Action Disability Discrimination Suit Certified Against Cook County Jail in Illinois
Article • February 15, 2009 • from PLN February, 2009
Filed under: Disabled Prisoners, Showers, Toilets, Civil Procedure, Class Certification, Americans with Disabilities Act, Rehabilitation Act
Class Action Disability Discrimination Suit Certified Against Cook County Jail in Illinois by Class Action Disability Discrimination Suit Certified Against Cook County Jail in Illinois On March 26, 2008, U.S. District Court Judge Elaine E. Bucklo certified a class action lawsuit against the Cook County Department of Corrections (CCDC) alleging …
Oregon Parolee Negligent Supervision Case Reinstated
Article • February 15, 2009 • from PLN February, 2009
Filed under: Sexual Assault by Parolees, Victims, State Law Claims, Limitations, Immunity/Liability, Parole Liability
Oregon Parolee Negligent Supervision Case Reinstated by The Oregon Court of Appeals reversed a lower court’s grant of summary judgment against a teenage girl who was raped by a violent parolee. In November 1997, 14-year-old Akilah Johnson was assaulted and raped by a stranger. More than four years later, on …
$4.5 Million Settlement in New Jersey Jail Strip Search Lawsuit
Article • February 15, 2009 • from PLN February, 2009
Filed under: Searches, Strip Searches, Arrestee Searches
$4.5 Million Settlement in New Jersey Jail Strip Search Lawsuit by $4.5 Million Settlement in New Jersey Jail Strip Search Lawsuit New Jersey’s Cumberland County has agreed to pay $4.5 million to settle a class action strip search lawsuit. This is another huge settlement in Fourth Amendment claims of this …
Denial of Allocution Right on Supervised Release Resentencing Requires Remand
Article • February 15, 2009 • from PLN February, 2009
Filed under: Drug Testing, Sentencing, Parole, Parole Conditions
Denial of Allocution Right on Supervised Release Resentencing Requires Remand by Denial of Allocution Right on Supervised Release Resentencing Requires Remand The Seventh Circuit Court of Appeals has reversed a federal prisoner’s sentence because an Illinois federal district court denied his right to allocution upon revocation of his supervised release …
Transgender Idaho Prisoner Receives Hormone Therapy Pending Trial
Article • February 15, 2009 • from PLN February, 2009
Filed under: Medical, Medication, Preliminary Injunctions/TRO's, Transgender Medical Procedures
Transgender Idaho Prisoner Receives Hormone Therapy Pending Trial by A federal judge has ordered the Idaho Department of Corrections (IDOC) to provide hormone therapy to a prisoner with gender identity disorder pending trial. The preliminary injunction, issued July 27, 2007, was in response to a lawsuit filed by Jennifer Spencer, …
Governments, Not Prisoners, Must Pay Cost of Transporting Prisoner Witnesses
Article • February 15, 2009 • from PLN February, 2009
Filed under: Conditions of Confinement, Transportation, Guard Brutality/Beatings, Costs, Witnesses
Governments, Not Prisoners, Must Pay Cost of Transporting Prisoner Witnesses by A federal court in Georgia held that costs taxed against an incarcerated litigant who lost his lawsuit could not include the cost of transporting prisoner witnesses to testify at trial. Dexter Palmer, a Georgia state prisoner, filed a civil …
Ohio DNA Specimen Law Ruled Not Retroactive
Article • February 15, 2009 • from PLN February, 2009
Filed under: Searches, DNA Testing/Samples, Retroactivity, State Legislation
Ohio DNA Specimen Law Ruled Not Retroactive by The Ohio Supreme Court held that a state law requiring convicted felons and some misdemeanants to provide DNA specimens could not be applied retroactively to offenders placed on supervised release before the law’s May 2005 effective date. On August 6, 2002, Craig …
Unemployment Compensation Denied to Guard Who Failed to Stop Prisoner Assault
Article • February 15, 2009 • from PLN February, 2009
Filed under: Misconduct/Corruption, Guard Misconduct, Retaliation against Staff, Guard Brutality/Beatings, Employee Litigation
Unemployment Compensation Denied to Guard Who Failed to Stop Prisoner Assault by Unemployment Compensation Denied to Guard Who Failed to Stop Prisoner Assault The Commonwealth Court of Pennsylvania has held that a guard who was fired for willful misconduct for failing to report the planned assault of a prisoner was …
PLRA Requires Grievance Exhaustion for ADA/RA Claims
Article • February 15, 2009 • from PLN February, 2009
Filed under: Disabled Prisoners, Medical, Failure to Treat, Administrative Exhaustion (PLRA), Americans with Disabilities Act, Rehabilitation Act
PLRA Requires Grievance Exhaustion for ADA/RA Claims by The Ninth Circuit Court of Appeals has joined the Sixth Circuit in holding that the Prison Litigation Reform Act (PLRA) requires exhaustion of Americans with Disabilities Act (ADA) and Rehabilitation Act (RA) claims. Nevada prisoner Roy O’Guinn had a history of mental …
Pavey v Conley in Respondents Brief in Opp Petition Guard Excessive Force 2009
Brief • February 13, 2009
Pavey v Conley in Respondents Brief in Opp Petition Guard Excessive Force 2009 L QUESTION PRESENTED ..... """iN6.0~$~S~\':,:'; • ".:,' .'/"~~';~~'Ei::;~~{'>:':' ,,'rt:}" ',. . . ;,::',':,"':',::~,':, . .,. .~ttPremt" • ·@littrt!o~!~~~Wnri¢~\!~ilJttj5· •. ;., i{ .~.,;;i;X;;.'~)'!i~·i;'i)§.:i'· , PATRICK.cONL~¥;' e,t,q;l,.v' ,::,;"':,;,:';' '. ". ondkon for;~Ji~~f~f!~~i~~~':" to the United S~atesjjq~~t:~~~l">pe,ai~,~,:,""':', " , , …
Brewer v Hayne Ms Complaint Dna Wrongful Incarceration 2009
Brief • February 13, 2009
Brewer v Hayne Ms Complaint Dna Wrongful Incarceration 2009 , Case 4:09-cv-00019-HTW-LRA Document 1 Filed 02/13/2009 Page 1 of 13 Plaintiff, CIVIL ACTION NO. \\', {)C{ t.\l v. AJ\:-\W-C(2f\- DR. STEVEN TIMOTHY HAYNE and DR. MICHAEL H. WEST Defendants. COMPLAINT AND JURY DEMAND Introduction I. This complaint is brought by …
Martin v Adams County Co Medical Care and Tasering Complaint 2009
Brief • February 13, 2009
Martin v Adams County Co Medical Care and Tasering Complaint 2009 Case 1:08-cv-01585-REB-BNB Document 30-2 Filed 02/13/2009 Page 1 of 25 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-01585-REB-BNB MICHAEL R. MARTIN, Plaintiff, v. ADAMS COUNTY BOARD OF COMMISSIONERS, DAVID MORROW, Deputy, Adams …
Murillo v Maricopa County Az Settlement Suicide Wrongful Death 2009
Brief • February 12, 2009
Murillo v Maricopa County Az Settlement Suicide Wrongful Death 2009 Feb 12 09 01:40p -..:. Robbins & Curtin, p.IJc 602-26S.0267 p.2 S ITLEMENT AGREEMENT AND RELEASE This SEnll.E~NT AGR entered into this. 1 day of 2' P'aintiffs: MENT AND RELEASE (the "Settlemen Agreement") is ,.r I 200S by and between~ …
Woods v Carey Ca Verdict Dental Care Neglect 2009
Brief • February 12, 2009
Woods v Carey Ca Verdict Dental Care Neglect 2009 Case 2:04-cv-01225-LKK-GGH • Document 230 Filed 02/12/2009 Page 1 of 2 FILED FEB12~009 u.s. DISTRICT OOU 1 CLE;RK EASTERN DISTRICT OF CALI 2 81' R ---ilEPiiriWiii.---f;.,4L PUTY 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA …
Evangelists for Christ v Jones Ok Religious Publications Censorship Complaint 2009
Brief • February 11, 2009
Evangelists for Christ v Jones Ok Religious Publications Censorship Complaint 2009 Case 6:09-cv-00059-JHP Document 2 Filed in USDC ED/OK on 02/11/2009 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA EVANGELISTS FOR CHRIST, CHR1ST~ INC., an lllinois corporation, corporation~ d/b/a WINGSPREAD PRISON MINISTRIES, MINISTRIES~ Plaintiff, …
Robinson v Sullivan County Tn Settlement Ltr Racist Jail Attack 2009
Brief • February 11, 2009
Robinson v Sullivan County Tn Settlement Ltr Racist Jail Attack 2009 LAW LAW OFFICES OFFICES Wesr & WEST Be ROSE Rose 537 537 EAST EAST CENTER CENTER STREET STREET POST OFFICE OFFICE BOX POST BOX1404 I4O4 KTNGSPORI TENNESSEE KINGSPORT, TENNESSEE 37662-1404 37662-1 4O4 JULIA C. C. WEST \^i|EST JULIA S. …
Ware v. CCA, TN, Settlement, solitary inmate suicide medical neglect, 2009
Brief • February 11, 2009
Filed under: Systemic Medical Neglect, Medical Neglect/Malpractice, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Suicides
Ware v. CCA, TN, Settlement, solitary inmate suicide medical neglect, 2009 CCA-AF (6/2/14 PRA) 0130 CCA-AF (6/2/14 PRA) 0131 CCA-AF (6/2/14 PRA) 0132 CCA-AF (6/2/14 PRA) 0133 CCA-AF (6/2/14 PRA) 0134 CCA-AF (6/2/14 PRA) 0135 CCA-AF (6/2/14 PRA) 0136 CCA-AF (6/2/14 PRA) 0137 CCA-AF (6/2/14 PRA) 0138
Peschel v City of Missoula Mt Order Jail Medical Care 2009
Brief • February 10, 2009
Peschel v City of Missoula Mt Order Jail Medical Care 2009 Case 9:08-cv-00079-JCL Document 313 Filed 10/15/2009 Page 1 of 25 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION _____________________________________________ WALTER PESCHEL, M.D., CV 08-79-M-JCL Plaintiff, ORDER vs. CITY OF MISSOULA, acting through the Missoula …
Hall v Hageman Oh Judgment Entry Parole Denial 2009(2)
Brief • February 9, 2009
Hall v Hageman Oh Judgment Entry Parole Denial 2009(2) -,- IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY. OHIO CIVIL DIVISION FlNAL APPEAtJ'BLE ORDER DAVID HALL et 81 • -h Plaintiffs, ' - ~ w ~ • • - • ' \~~O • A~('r,€ HARRY HAGEMAN etal, ~l""<""",,,..~. CASE . …
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