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Article • December 15, 2007
California Prisoner IFP State Civil Filing Fee Statutes Interpreted by John Dannenberg by John E. Dannenberg In an important ruling for all California in forma pauperis (IFP) prisoner state civil complaint plaintiffs, the California Court of Appeal interpreted the application of the mandatory prisoner civil filing fee statutes, Government Code …
Escape From TransCor Van Not a Crime in Montana by On January 11, 2006, a Montana state district court set aside two prisoners, convictions for escape and acquitted them after holding that no evidence had been presented that they were in the custody of a peace officer, a requirement for …
Article • December 15, 2007
Texas Prison Guard’s Convictions Upheld Again by Texas Prison Guard's Convictions Upheld Again The Texas Court of Criminal Appeals (CCA) upheld the conviction and sentence of a Texas prison guard for sexual assault and impersonating a police officer. This was the second time the CCA reviewed this case. In 1997, …
Article • December 15, 2007
Fifth Circuit: No FLSA Minimum Wage for Texas Prisoners by The Fifth Circuit Court of Appeals held that the Fair Labor Standards Act (FLSA) did not apply to Texas prisoners working in Texas state prisons. Douglas Loving, a Texas state prisoner, filed a civil rights suit under 42 U.S.C. § …
Tenth Circuit OKs First Raising Qualified Immunity on SJ by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings, and the district court erred in failing to address the defense in the summary judgment …
Article • December 15, 2007
Filed under: Discrimination, Gay/Lesbian
Gay Pennsylvania Jail Prisoner’s Discrimination Suit Settled for $750 by Gay Pennsylvania Jail Prisoner's Discrimination Suit Settled for $750 A Pennsylvania prisoner was paid $750 to settle a discrimination suit. Mr. Roache, a prisoner at the Delaware County prison, was denied a job and was harassed by guards because he …
California Prison Chaplain’s Sexual Harassment of Female Employee Yields $439,000 Jury Verdict by California Prison Chaplain's Sexual Harassment of Female Employee Yields $439,000 Jury Verdict A California prison employee who was sexually harassed by a Muslim chaplain was awarded $439,000. Sallie Mae Bradley was a temporary social worker at Corcoran …
Article • December 15, 2007
New York Prisoner Awarded $100,000 for Delayed Surgeries From Work Place Fall by A New York prisoner who was denied medical care for five months was awarded $100,000. On May 25, 1989, New York prisoner Thomas Lenahan fell from a two-story roof in a work accident. He was treated for …
Article • December 15, 2007
Wisconsin Jail Heart Attack Case Settled for $25,000 by Waukesha County, Wisconsin, paid a prisoner $25,000 to settle claims related to a heart attack he suffered while imprisoned. Mr. Blavat was denied his prescribed heart medication while confined in Waukesha County Jail, causing him to suffer a heart attack. Blavat …
Article • December 15, 2007
Nurse’s Head Slap Nets Virginia Prisoner $16,676 by Nurse's Head Slap Nets Virginia Prisoner $16,676 A Virginia prisoner was awarded $16,676 for injuries sustained when a male nurse struck him on the back of his head. Mr. Shaver was struck on the back of the head, causing him to hit …
Article • December 15, 2007
NY Prisoner Awarded $6,800 After Dough Rolling Accident by A New York prisoner who suffered digital nerve damage to his middle finger when his hand was caught in a dough-rolling machine was awarded $6,800. In November 1993, a 29-year-old New York prisoner got his hand caught in a dough-rolling machine …
Article • December 15, 2007
Louisiana Prisoner Paid $1,822 in Emotional Damages for Moving Dead Body by A Louisiana prisoner was paid $1,822 to settle emotional distress claims related to being forced to move the body of a prisoner who hung himself to death. Mr. Cotton was a prisoner at the Shreveport City Jail when …
Article • December 15, 2007
Kansas Medical Neglect Death Case Settled for $35,000 by A Kansas prisoner's estate was paid $35,000 to settle a case related to his death. While confined in the Sedgwick County Correctional Facility, Mr. Stockwell suffered from acute chronic alcohol withdrawal. He was denied medical care, placed in wrist shackles and …
Article • December 15, 2007
New York Prisoner’s Saw Mill Injuries Net $736,000 by New York Prisoner's Saw Mill Injuries Net $736,000 A New York prisoner was awarded $736,000 for injuries incurred in a prison sawmill accident. Mr. Lowe was a 33-year-old New York prisoner when his left, non-dominant, forearm and hand were amputated in …
Article • December 15, 2007
Pennsylvania Prisoner’s Penis Injury in Farming Accident Nets $750,000 Jury Verdict by Pennsylvania Prisoner's Penis Injury in Farming Accident Nets $750,000 Jury Verdict A Pennsylvania prisoner who sustained penis and groin injuries in a farming accident was awarded $750,000. Mr. Hilliard was working on the prison farm while confined at …
Article • December 15, 2007
Severed Spinal Nerve from Botched Surgery Nets NY Prisoner $118,000 by A New York prisoner who suffered a severed spinal accessory nerve during a medical procedure was awarded $118,000. Mr. Soltis was a New York prisoner in his mid-40s when he underwent an excisional lymph node biopsy. During the surgery, …
Article • December 15, 2007
Filed under: Work, Workplace Injury
Woodshop Accident Mangles New Hampshire Prisoner’s Hand, Nets $10,000 Verdict by Woodshop Accident Mangles New Hampshire Prisoner's Hand, Nets $10,000 Verdict A New Hampshire prisoner was awarded $10,000 for job-related injuries. Mr. Gilman, a 24-year old prisoner, was using a saw to make a rabbit cut for a bookcase. The …
Article • December 15, 2007
Secret Settlement in Illinois Cell Fire Suit by On March 19, 1996, Illinois' Joliet Correctional Center prisoner Cutues White piled all his personal possessions in the front of his cell, and lit them on fire. The prison was undergoing a renovation project, which included removal of smoke exhaust fans and …
Article • December 15, 2007
Virginia Prisoner Has No Standing To Access Records Under State’s FOIA by Virginia Prisoner Has No Standing To Access Records Under State's FOIA A Fairfax County, Virginia, Circuit Court has denied a prisoner's petition for writ of mandamus seeking investigative reports under the Virginia Freedom of Information Act (FOIA), holding …
Article • December 15, 2007
DC Prisoner Assaulted by Other Prisoners Suffers Brain Damage, Awarded $1.6 Million by A District of Columbia (DC) prisoner who was assaulted by other prisoners was awarded $1.6 million. Brown sued in state court alleging that only one guard was on duty and that he was in a different section …
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