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Article • July 15, 2008
Washington Prisoner Pinned in Automatic Door Wins $6,060 in Lawsuit by Richard Reed, a Kitsap County, Washington prisoner, was pinned in an automatic door in the Kitsap County Jail, causing back strain. He sued the county in state court, which in 1995 paid him $5,060 to dismiss the case: $4,560 …
Article • July 15, 2008
California Sheriff's Investigatory Materials Exempt From Production Under Public Records Act by The City of Los Angeles (City) petitioned for review of an appellate order to produce investigative records to Elgin Haynie regarding a traffic stop by a sheriff's deputy. The production ruling was reversed and the records were ruled …
$1.1 Million Verdict Entered Against Florida Sex Crime Detective for Sexual Assault upon Minor by The Florida Federal District Court has awarded $1.1 million to a 14-year old female for a sexual assault by an Orlando sex crimes detective. The award came in after the court entered default for the …
Court Denies BOP’s Dismissal Motion in Challenge of Ensign Amendment by A Colorado federal district court denied a motion to dismiss filed by the Bureau of Prisons (BOP) in a lawsuit alleging the “Ensign Amendment” violates the First Amendment, as does 28 C.F.R. §540.72, which implements that amendment. The Ensign …
Texas Juvenile Justice Whistleblower Settles for $175,000 by On the eve of trial Bowie County, Texas and Bowie County Juvenile Center (BCJC) employee Bruce Ballou agreed to pay former BCJC employee Karen Foster $175,000 to settle her whistleblower complaint in federal court. The action was filed by Karen Foster, a …
Article • July 15, 2008
Paruresis Requires Medical Verification to Excuse Urinalysis Failure; Agreement Willingly Signed Upheld by New York City Transit Authority (Authority) and Transit Workers Union (TWU) employee Joseph Kwok brought action for U.S. Constitutional violations and racial discrimination after being demoted for urinalysis compliance failure. He allegedly suffered from paruresis (shy bladder …
Article • July 15, 2008
New Mexico Detention Center Closed for Constitutional Violations by The American Civil Liberties Union (ACLU) of New Mexico and several New Mexico state prisoners, sued the Board of County Commissioners for Valencia County (Board) in federal district court over numerous constitutional violations at the Valencia County Detention Center (Center). The …
Article • July 15, 2008
Filed under: HIV/AIDS, Sentencing, Probation
New York Court’s Probation-Due-to-AIDS Compassionate Sentence Reversed by New York Court's Probation-Due-to-AIDS Compassionate Sentence Reversed On October 4, 1991, a New York appellate court reversed the compassionate sentence of probation given to a prisoner infected with HIV and just before the onset of AIDS. Sandra Clark, a New York defendant, …
Article • July 15, 2008
New York Parolee Can Be Subject to Living/Contact Special Condition by New York’s Supreme Court, Appellate Division, has held that a parole officer had authority to impose a special condition that prohibited a parolee from living with or contacting a “virtual stranger.” The prisoner, Steven Dickman, sought to live with …
Article • July 15, 2008
North Carolina Guard Settles Failure-to-Promote Suit for Over $155,000 by Gwendolyn Gordon, a North Carolina prison guard at Pamlico Correctional Institute sued the state Department of Corrections (DOC) officials in state and federal court for damages arising from the DOC's failure to promote her to warden. The DOC agreed to …
Article • July 15, 2008
Nurses Use of Prisoner Medical Information for Personal Reasons Merits Salary Reduction by The State of Washington Personnel Appeals Board (PAB) has held a temporary salary reduction as sanction for a prison nurses act of accessing a prisoner’s medical file and using the information from the file for personal reasons …
NY Prisoner’s Appeal of Prison Disciplinary Action on Grounds of Mental Illness Shot Down by On an undisclosed date, Samuel Higgins, a New York state prisoner was found guilty of fighting and causing a disturbance at a prison disciplinary hearing. His defense was that he was suffering a breakdown at …
NY Prisoner’s Disciplinary Action Reversed for Failure to Consider His Mental Health Problems by On August 15, 1989, Luis Rosado, a New York state prisoner, was referred to the psychiatric unit at the Clinton Correctional Facility. While en route, he cut a guard’s arm with a razor blade. The cut …
NY Prisoner’s Disciplinary Charges Dismissed Because of His Mental Illness by On February 25, 1985, Marco Trujillo was a New York state prisoner at the Clinton Correctional Facility. He crawled under his bunk and screamed all night and was taken to the mental health unit the next day. While on …
Article • July 15, 2008
Off Duty Conduct of Sexual Comments to Co-Worker Warrants Discipline, but not Termination by The State of Washington Personnel Appeals Board (PAB) has held that termination of a state employee for conduct occurring off-duty that adversely effects a co-workers work environment is too severe of a punishment. Before the PAB …
Article • July 15, 2008
OH PRA Only Required that Indigent Prisoner Be Given One Free Copy of Trial Transcript by Jonathan Call, an Ohio state prisoner, filed a mandamus action in state court to compel an appellate court judge to provide him with a free copy of his trial transcripts, pursuant to the state …
Eighth Circuit Upholds Dismissal of Discrimination/Retaliation Suit by The Eighth Circuit Court of Appeals upheld dismissal of a Nebraska prisoner’s employment discrimination and retaliation action. Kamal Al-Zubaidy, an Iraqi Shiite Muslim confined in the Nebraska State Penitentiary, (NSP), was employed in a die shop operated by TEK Industries (TEK), a …
Article • July 15, 2008
Excessive Force, Broken Arm by West Virginia Police Nets Mentally Ill Woman $7,410 by A 71-year-old mentally ill West Virginia Woman was awarded $7,410 for excessive force, resulting in a fractured humerus. Mrs. Willis, a 71-year-old mentally ill woman, was detained at the Wood County Sheriff’s Office. Guards attempted to …
Article • July 15, 2008
Excessive Force Verdict Nets Hawaii Prisoner $1.00 by A Hawaii prisoner was awarded $1, for excessive force by a prison guard. Mr. Matthews, a 32-year-old Hawaii prisoner sustained scratches on his arm when a guard pushed him while restraining him for disciplinary reasons. Matthews sued in state court, alleging that …
Article • July 15, 2008
Inadequate Medical Care in Chicago Jail Slip and Fall Nets $25,000 by An Illinois prisoner who was injured when he fell on a wet floor was awarded $25,000. Mr. Reed, a 46-year-old prisoner at the Cook County Jail, fell on a wet floor and struck an exposed bolt. He “suffered …
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