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Article • January 15, 2009 • from PLN January, 2009
$7,025 Award in Slip and Fall From Ohio Prison Bunk by $7,025 Award in Slip and Fall From Ohio Prison Bunk The Ohio Court of Claims has awarded a former Ohio prisoner $7,025 for injuries related to a slip and fall from a prison bunk. Stacy Rose slipped and fell …
Article • January 15, 2009 • from PLN January, 2009
Beleaguered Oregon Sheriff Steps Down by Mark Wilson Flamboyant and controversial Multnomah County Sheriff Bernie Giusto, head of Oregon’s largest county jail, has retired in the face of an overwhelming vote to strip him of his badge. Giusto, a lightning rod for criticism, has been under constant fire for the …
Florida Sheriff Sued for Awarding No-Bid Health Care Contract, Receiving Gifts by Florida Sheriff Sued for Awarding No-Bid ?Health Care Contract, Receiving Gifts Prison Health Services (PHS) has sued the sheriff of Sarasota County, Florida for awarding the jail’s health care contract to rival Armor Correctional Health Services without taking …
Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated by John Dannenberg Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated by John E. Dannenberg The Washington State Court of Appeal, Division 2, ruled that the state’s criminal libel statute was unconstitutional under U.S. Supreme Court …
Civil Commitment Provisions of Adam Walsh Act Held Unconstitutional by Civil Commitment Provisions of Adam Walsh Act Held Unconstitutional Congress exceeded its authority under the Commerce Clause and Necessary and Proper Clause of the U.S. Constitution in enacting the civil commitment provisions of the Adam Walsh Act, a Minnesota U.S. …
PHS Receives Three-Year $366 Million Rikers Island Medical Care Contract Renewal Despite Non-Performance Fines for Last Three Years by John Dannenberg by John E. Dannenberg Prison Health Services, Inc. (PHS) was granted a three-year, $366 million no-bid contract renewal to provide medical and mental health care services for New York …
Article • January 15, 2009 • from PLN January, 2009
Washington Jail Remodel Violated State Law, at a Cost of $51.6 million by Mark Wilson King County, Washington officials violated state law by failing to get competitive bids on a security upgrade project at the King County Correctional Facility, according to a March 12, 2008 state audit. Originally slated at …
Article • January 15, 2009 • from PLN January, 2009
Michigan Escape is Not “Violent Felony” for ACCA Purposes by The Sixth Circuit Court of Appeals has held that a Michigan “failure to report” escape conviction was not a “violent felony” under 18 U.S.C. § 924, the Armed Career Criminals Act (ACCA). Anthony Collier was arrested by federal agents in …
$7 Million in Settlements in Colorado Jail Prisoner’s Death from Medical Negligence by David Reutter $7 Million in Settlements in Colorado Jail Prisoner’s Death from Medical Negligence by David M. Reutter The Denver Health Medical Center has settled a claim of negligent care for $4 million after releasing a prisoner …
Jail Nurse Guilty of Forging Doctor’s Order; Forged Orders Common Jail Practice by Mark Wilson Jail Nurse Guilty of Forging Doctor’s Order; Forged Orders Common Jail Practice by Mark Wilson On August 28, 2008, a Multnomah County, Oregon jury convicted a former jail nurse of forging a drug prescription for …
Article • January 15, 2009 • from PLN January, 2009
Ohio Jail Guard’s Excessive Force Conviction Affirmed by The Sixth Circuit Court of Appeals has affirmed a former jail guard’s criminal convictions for using excessive force on three prisoners. Michael J. Budd, once second-in-command of the Mahoning County, Ohio Sheriff’s Department, was charged in a four-count indictment with subjecting prisoners …
$1,100,000 Settlement in Juvenile Prisoner Suicide in Union County, New Jersey by $1,100,000 Settlement in Juvenile Prisoner Suicide in Union County, New Jersey On November 15, 2007, Union County settled a lawsuit over the suicide death of a juvenile prisoner at the 42-year-old Union County Juvenile Detention Center (JDC) in …
Federal Prisoner Eligible For Community Placement Despite BOP Regulations by Bob Williams By: Bob Williams The United States Court of Appeals for the Tenth Circuit has invalidated Bureau of Prisons (BOP) community placement regulations as inconsistent with congressional intent. Florence (Colorado) Federal Correctional Institution Warden, Ron Wiley, appealed a 2006 …
Former New Hampshire Deputy Forced Non Compensated Labor On Prisoners by Bob Williams By: Bob Williams Portsmouth, New Hampshire former deputy sheriff Matthew Ejma received 200 hours of community service and a $2,500 fine after using Portsmouth Jail work release prisoners for his personal gain. The prisoners were never compensated …
Article • January 15, 2009
Illinois Prisoner Awarded Attorney Fees After Egregious DOC Records Denial by Bob Williams By: Bob Williams Illinois State prisoner William Callinan appealed a court denial for the award of attorney fees and costs after successfully litigating against records denial and excessive copying fees by the State Department of Corrections (DOC) …
Michigan Municipal Policy Creates § 1983 Liability Without Constitutional Violation By Agents by Bob Williams By: Bob Williams Michigan's Grand Traverse County (County) motioned for judgment as a matter of law in 2006 after a jury verdict of guilty regarding a deliberate indifference suit filed by former jail prisoner Amy …
Article • January 15, 2009
New Jersey State Audit Reports DOC Life Skills Program Contractually Noncompliant by Bob Williams By Bob Williams The New Jersey State Legislature Auditor's Office conducted an investigation into contractual expenditures, policies and provisional compliance of the Department of Correction’s (DOC) Life Skills Academy (LSA) program. The 2006 report reflected the …
Article • January 15, 2009
Pennsylvania Prisoners Remain On Death Row After Death Sentences Vacated by Bob Williams By: Bob Williams Pennsylvania State death row prisoners appealed the dismissal of their 2005 § 1983 and mandamus complaint regarding restrictive confinement and the medical conditions it caused. Their death sentences were either vacated or overturned but …
Prisoner's Action Dismissed For Non Exhaustion; Remanded To Ascertain Officials' Interference by Bob Williams By: Bob Williams Leavenworth (Kansas) federal pro se prisoner Jose Aquilar-Avellaveda appealed the dismissal of his Bivens complaint against prison officials for legal material confiscation and disposal, restrictive segregation and sleep deprivation. The dismissal for non-exhaustion …
§ 1983 & Bivens Procedural Defaults Under § 1915 Must State Specificity For Dismissal by Bob Williams By: Bob Williams District of Columbia (Washington) prisoners Michael and Charles Thompson individually motioned for leave to proceed in forma pauperis (IFP) to appeal their 42 U.S.C. § 1983 dismissals. The government argued …
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