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Neal et al v. Michigan DOC, MI, Notice of Settlement, sexually hostile prison guard sexual misconduct, 2009 NOTICE OF SETTLEMENT OF CLASS ACTION TO: ALL WOMEN PRISONERS UNDER THE JURISDICTION OF THE MICHIGAN DEPARTMENT OF CORRECTIONS (MDOC) PAST AND PRESENT, WHO DURING THEIR INCARCERATION WERE SUBJECTED TO SEXUAL MISCONDUCT, SEXUAL …
Neal et al v. Michigan DOC, MI, Settlement, sexually hostile prison guard sexual misconduct, 2009 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WASHTENAW TRACY NEAL, et al., Plaintiffs, Case No. 96-6986-CZ Hon. Timothy P. Connors v MICHIGAN DEPARTMENT OF CORRECTIONS, et aI., Defendants. ---------------------------------~/ NICOLE ANDERSON, …
New Trial and JNOV Denial Upheld in $15,545,000 Michigan Prisoner Sexual Harassment Case by Matthew Clarke New Trial and JNOV Denial Upheld in $15,545,000 Michigan Prisoner Sexual Harassment Case by Matt Clarke On January 27, 2009, the Michigan Court of Appeals upheld a trial court’s denial of a motion for …
Neal et al v. Michigan DOC, MI, Opinion, sexually hostile prison guard sexual misconduct, 2009 STATE OF MICHIGAN COURT OF APPEALS TRACY NEAL and All Others Similarly Situated, UNPUBLISHED January 27, 2009 Plaintiffs-Appellees, v DEPARTMENT OF CORRECTIONS, KENNETH MCGINNIS, JOAN YUKINS, SALLY LANGLEY, CAROL HOWES, ROBERT SALIS, CORNELL HOWARD, MARTIN …
California: Arrestee Not Guilty of “Bringing” Drugs into Jail by by John E. Dannenberg The California Court of Appeal has reversed the conviction of a Kings County man who was convicted of “bringing drugs into a jail” in violation of Penal Code § 4573, when the act of “bringing” was …
Neal et al v. Michigan DOC, MI, Jury Verdict, sexually hostile prison guard sexual misconduct, 2008 NEAL, et a/., vs. MICHIGAN DEPARTMENT OF CORRECTIONS, et al., Case No. 96-6986-CZ JURY VERDICT FORM· VIVIAN AROUSELL 1. Was plaintiff subject to unwelcome sexual conduct or communication? j Yes No If your answer …
No Sexual Assault Claim Based on Abusive Metal Detector Search by The plaintiff alleged that an officer shoved a hand-held metal detector between his buttocks. He was fully clothed. He was later issued a one-day deprivation order and a misbehavior report for refusing a direct order, violating frisk procedures, and …
Prison Strip and Pat Searches Upheld by The plaintiff's conclusory claim of retaliation for filing grievances and lawsuits are dismissed. Prison officials may not retaliate against prisoners for exercising their constitutional rights, but such claims must be viewed with skepticism and care because they are prone to abuse and can …
Article • May 15, 2007
Nominal Damages Upheld in Excessive Force Case by The U.S. Second Circuit Court of Appeals upheld a jury award of only nominal damages in a case involving excessive force by New York State prison guards. Vincent Van Ness, a prisoner in custody of the New York Department of Correctional Services …
Article • May 15, 2007
Sexually Intrusive Public Pat Search Violates Constitution by The plaintiff was arrested on misdemeanor noise charges and subjected to a search that amounted to a pat frisk inside her dress, under which she was wearing nothing, in which the officer allegedly swiped his hand across her groin area, at which …
Article • May 15, 2007
Child Visitors Clothing Removal Upheld by The plaintiff, suing as next friend of her eight-year-old granddaughter, visited the plaintiff's son in an Arkansas state prison; the child set off the metal detector, and everyone agreed the reason was probably her metal overall buttons. She was told that to visit she …
Dismissal and QI Denied in Cross-Gender Pat Searches by The Federal District Court in Connecticut has found that fact issues remain regarding the constitutionality of cross gender pat searches and whether appropriate steps were taken to protect a female prisoner after she reported sexual assaults by a guard. Qualified immunity …
Article • May 15, 2007
New York Prisoner Assaulted By Guards Awarded $300 by On December 31, 2003, a court of claims in Albany, New York, awarded $300 to a state prisoner who claimed his knee was injured when a guard at the Franklin Correctional Center (FCC) assaulted him during a pat-search. While imprisoned in …
Parole for Women in California: Promise or Pathos by Corey Weinstein by Corey Weinstein, MD, CCHP Women are not men, but the California Department of Corrections (CDoC) has treated them as such until very recently. They are housed in mega prisons, denied contact with their children and denied important gender …
FTCA, Bivens Claims in Beating Suit Proceed in Bifurcated Trial by Orlando Ortiz, a pretrial detainee, brought action for use of excessive force during a pat search under the Federal Tort Claims Act, 28 U.S.C. §26722680 (FTCA), and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, …
PA Prisoner Awarded $300,000 in Guard Beating by On February 29, 2000, a federal jury in Pittsburgh, Pennsylvania awarded Pennsylvania prisoner Raymond Pryer $300,000 in damages for a beating he suffered at the hands of prison guards. On September 27, 1990, Pryer complained that a guard at the State Correctional …
Michigan DOC Settles DOJ Sexual Abuse Lawsuit by Maia Justine Storm This past May, the Michigan Department of Corrections (MDOC) agreed to settle a lawsuit filed by the U.S. Department of Justice (DOJ) which alleged a pattern and practice of sexual misconduct and invasions of privacy at the women's prisons …
PLRA Physical Injury Requirement Defined by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act's (PLRA) physical injury requirement for prisoners seeking money damages is the same as the standard used in determining eighth amendment claims. This ruling is significant because it is the …
Genital Groping States Claim by A federal district court in New York held that a prisoner's allegations of sexual harassment state a claim for a violation of the eighth amendment. Julio Hunt, a New York state prisoner, filed suit claiming that he had his penis and testicles squeezed and rubbed …
Article • January 15, 1994 • from PLN January, 1994
Visitor Cannot Withdraw Consent to Search Once Search Has Begun by Visitor Cannot Withdraw Consent To Search Once Search Has Begun This prison case comes to us via a suppression of evidence hearing in a federal drug prosecution. Arthur Spriggs went to visit a prisoner at the Lorton Reformatory, a …
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