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Article • July 15, 2008
Sixth Circuit Reverses Denial of Complaint Amendment by The Sixth Circuit Court of Appeals vacated a lower court’s order denying a Tennessee prisoner leave to amend his complaint to substitute actual parties for Doe Defendants. In July 1996, Tennessee prisoner Alexander Friedmann (PLN’s Associate Editor) requested to have a notice …
Article • July 15, 2008
Slip-Fall Injuries Net $3,250 for New York Prisoner by A New York prisoner who was injured when he slipped and fell on an electrical outlet box was awarded $3,250. Mr. Brito, a 38-year-old prisoner suffered low back pain, and developed ulcers from medication, when he slipped and fell on an …
Texas Warden Axed for Whistleblowing Awarded $300,150 by A Texas prison warden who was fired for reporting corruption was awarded $300,150. Terry Terrell was warden of the Beto I Unit of the Texas Department of Criminal Justice (TDCJ) in Tennessee Colony, Texas. In May 1991, he wrote the Chairman of …
Article • July 15, 2008
Wrongful Arrest Leads to Rikers Island Rape and $206,900 Verdict by A New York man who was wrongfully arrested, detained and raped by a prisoner was awarded $206,900. Mr. Wade, a 23-year-old cook was arrested while he was a store patron, because he fit the description of another person who …
Article • July 15, 2008
Police Chief Only Responsible If He Knows Danger Of Jail Suicide; Jury Award Vacated by On March 10, 1989, the Appellate Court of Illinois held that a police chief could not be held responsible for a jail suicide even if the chief promulgated a policy of not giving intoxicated arrestees …
Article • July 15, 2008
Filed under: Mental Health, Suicides
Police Only Responsible If They Know Danger Of Jail Suicide by On July 27, 1982, the Supreme Judicial Court of Massachusetts held that city police officers could only be held responsible for the suicide of a jail prisoner if they knew or reasonably should have known he was suicidal. Joseph …
Article • July 15, 2008
Washington Parolee Rapes Woman Who Wins over $200,000 in Lawsuit by Martin Schandel, a paroled Washington state sex offender, raped Margaret Savage. She sued the state for negligent supervision because Schandel wasn't being tested for drug and alcohol use, and wasn't being required to participate in mental health treatment. At …
Washington Prison Employee Terminated for Allowing Prisoners to View Computer Screen by The State of Washington Personnel Appeals Board (PAB has held that termination is appropriate for a prison employee who released confidential prisoner information to prisoners. Before the PAB became the appeal for Kathy Lorentzen, who was a state …
Article • July 15, 2008
Washington DOC Settles Failure to Supervise Parolee Suit for $975,000 by Nathan Hipsher, a Washington state parolee, was using drugs, failing to participate in drug treatment and not reporting to his parole officer, who didn't have him arrested. He was living with Amber Bulus-Steed at the time, who he eventually …
Article • July 15, 2008
Filed under: Excessive Force, Dogs
Washington Prisoner Settles Suit for $5,000 After Being Attacked by Police Dog by Kirk Rishor, a Washington state prisoner, sued the Franklin County Sheriff and Pasco City police in state court after he was bitten by a police dog they sicced on him when he refuse to go to his …
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 …
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