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Article • August 15, 2008
Washington Prisoner Gets nearly $10,000 for Work Detail Injury by David Wolfrum, a Washington state prisoner, was closing the doors on a semi-trailer at the McNeil Island Correction Center when the brakes failed, causing the truck to roll backward, pinning Wolfrum against a loading dock. He sued in state court, …
Article • August 15, 2008
Disabled Kansas Prisoners Forced Labor Claim Dismissed by The plaintiff, who had had heart bypass surgery and was on medical restrictions, was ordered to sand baseboard. He complained and the doctor said it was all right. He did the work, reported chest pains, and was taken to the clinic where …
Article • August 15, 2008
Ninth Circuit Upholds BOP IFRP Program by The federal prisons' Inmate Financial Responsibility Program, which provides for development of a plan for inmates to pay obligations such as court-ordered assessments, restitution, and fines, with deprivation of privileges and preferred housing as a sanction for noncompliance, does not improperly intrude on …
State Officials Not Liable for Heat Stroke Death of 12 Year Old Boy by State Officials Not Liable for Heat Stroke Deaht of 12 Year Old Boy This is the case of Andrew Lemoine, the 12-year-old boy on antipsychotic medications who died of heat stroke after being made to build …
Claim Exhausted When Prison Rules in Favor of Prisoner by The plaintiff complained of improper discipline and retaliatory reclassification and transfer At 506: "The violation of a constitutionally protected right is a sufficient injury for purposes of standing." The defendants had argued that the plaintiff lacked standing because he didn't …
Article • August 15, 2008
Colorado Community Corrections Confinees Eligible for Workers' Compensation by A Colorado court of appeals held that a community corrections program (CCP) is not a jail or prison, and therefore workers' compensation benefits should not be suspended for prisoners participating in CCPs. Hilario Vasquez, a participant in a Colorado CCP, was …
Wisconsin Pretrial Detainee's Free Speech Complaint Proceeds Over Denial of Books by Alfred Riley, a Wisconsin state detainee patient at the Sand Ridge Secure Treatment Center (SRSTC), a sex offender civil commitment facility, filed a lawsuit against the State, SRSTC and various other entities alleging federal and state law violations. …
Article • August 15, 2008
Colorado AG Advises Against Felons Microfilming Department of Revenue Tax Records by Colorado Attorney General (AG) J.D. MacFarlane opined against the Division of Correctional Industries utilizing felons to microfilm Department of Revenue (DOR) tax records. Upon request by Lee White, Executive Director of the Department of Administration, and Alan Charnes, …
Article • August 15, 2008
Filed under: Work Release, Work, Prison Labor
MN Work-Release Prisoner Entitled to Unemployment Benefits After Being Fired for Missing Work by Cassandra Jenkins, a Minnesota state prisoner, was sentenced to 30 days in jail with work-release privileges. Her employer agreed to cooperate with the work release rules, including verifying Jenkins’ employment to work-release authorities. However, the employer …
Article • August 15, 2008
N.Y. Injured Prisoner Held Partially Liable For Facility's Inadequate Equipment And Supervision by New York State prisoner Charles Moran brought suit against the state for labor law violations and improper supervision and equipment after falling from a ladder at the Watertown Correctional Facility (WCF) in 2002. The labor law claims …
Georgia Sheriff, Judges, Other Officials Face Misconduct, Criminal Charges by David Reutter In November 2007 a federal grand jury issued an indictment charging Clinch County, Georgia Sheriff Winston C. Peterson, 62, with perjury, using forced prisoner labor and extorting former jail prisoners. Peterson’s indictment marked the second time in the …
Article • July 15, 2008
Texas Prisoner’s State, Federal Work-Related Injury Claims Reinstated by A Texas appeals court held in this case that because a prisoner’s state and federal work-related injury claims against the Texas Department of Criminal Justice (TDCJ) were based in law, dismissal as frivolous was improper. State prisoner Jumeau Onnette was painting …
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 …
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
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 …
Georgia’s Sex Offender Residency Restriction Unconstitutional; Work Restriction Approved by The Georgia Supreme Court has declared that a state law that prohibits registered sex offenders from residing or loitering at a location that is within 1,000 feet of any childcare facility, church, school or area where minors congregate (the “residency …
Article • May 15, 2008
Filed under: Work, Prison Labor
Okay to Force Pre Trial Detainee to Work in Jail for Extra Food by The plaintiff said he was forced to serve without payment as a "food cart worker" under threat of discipline. The court denies summary judgment to defendants on the plaintiff's claim of an official policy of making …
No Restriction on Moving Wisconsin Prisoners to Private Out of State Prisons by The plaintiff sought an injunction against his transfer to a private prison in Texas or Tennessee. His commitment to the "Wisconsin State Prisons" as opposed to the "Wisconsin Department of Corrections" does not mean he has a …
Flurry of Escapes Emphasizes Prisoners' Desperation by Matthew Clarke by Matt Clarke Last September produced a bumper crop of prison and jail escapes around the country, including a desperate escape by two Texas prisoners that resulted in the death of a guard, a car jacking and two shootouts. Plus a …
Three Murders in Three Months at Mississippi Control Unit Lead to Improvements And New Consent Decree by "Taken as a whole, I am convinced the conditions in Unit 32 are as bad as anywhere in the whole country," observed Margaret Winter, a lawyer with the National Prison Project of the …
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