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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 …
Article • July 15, 2008
South Carolina Prisoners not Entitled to Prevailing Wage at Prison Jobs by South Carolina state prisoners sued the state Department of Corrections in state court after they weren't paid a comparable wage to free worlders performing the same work for their participation in a prison industries program. The trial court …
Article • July 15, 2008
Arizona Juvenile’s Jail Suicide Case Settled for $10,000 by The estate of a 14-year-old Arizona juvenile detainee was paid $10,000 to settle claims arising from his suicide. While in a Yavapai County juvenile detention facility, a 14-year-old boy hung himself to death. His estate sued in federal court, alleging Defendants …
Article • July 15, 2008
Kansas Jail Excessive Force Death Case Settled for $125,000 by A Kansas man’s estate was paid $125,000 to settle a suit related to his death. Mr. Tolon, father of two minor children, was confined in the Johnson County Jail. He “was handcuffed with hands behind his back and then his …
Article • July 15, 2008
Filed under: Mental Health, Suicides
Kansas Jail Suicide Case Settled for $16,000 by A Kansas Man’s estate was paid $16,000 to settle a suit related to his suicide by hanging. A relative of Mr. Fira, Jr., called for medical assistance at Fira’s home. He was taken to an emergency room for observation. While at Fira’s …
New Jersey District Court: Reargument Granted In PHS Negligence Claim by On January 10, 2005, the U.S. District Court for the District of New Jersey agreed with a state prisoner’s contention that Prison Health Services’ (PHS) failure to monitor her lithium levels fell under the common knowledge exception of N.J. …
Article • July 15, 2008
Filed under: Work, Workplace Injury
No Damages Awarded for Job-Related Hand Injury by A female New York prisoner prevails but is awarded no damages for an on-the-job hand injury. Ms. Miner was a New York prisoner when her hand was caught in a plate roller she was operating. She sustained only minor injuries. Minor filed …
Article • July 15, 2008
Injuries from Falling Ice Nets $3,000 for Massachusetts Prisoner by A Massachusetts prisoner was paid $3,000 to settle claims of injuries from ice falling from a building rooftop. Mr. Simmonds was a Massachusetts prisoner when he was hit by ice that fell from a rooftop, suffering bruises and lacerations to …
Article • July 15, 2008
OH Prisoners Must Get Court Order Declaring Documents Necessary for Actionable Cause Before PRA Requires Disclosure by Daniel Ritter, an Ohio state prisoner, petitioned for a Writ of Mandamus to compel a trial judge to provide him with documents associated with his criminal proceeding, pursuant to the state Public Records …
Article • July 15, 2008
White Oregon Guards Wrongly Fired in Reverse Discrimination Suit Win $1,000,000 Jury Verdict by Russell Rice and Larry Lytle, both career employees of the Oregon state Department of Corrections, were fired by superintendent Frank Thomas of the Santiam Correctional Institute in early 2004. Both had long histories of exemplary performance. …
Article • July 15, 2008
Oregon Death Row Prisoner Awards Victims $58.5 Million by In September, 2007, an Oregon death row prisoner settled a wrongful death action brought by his victim’s family. The deal awards the family approximately $58.5 million, barring the prisoner from profiting from the story of his crimes. Just before Christmas, 2001, …
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