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Bailey v. MN DOC, MN, Def Post-Trial Memo, ASL interpreter sex offender treatment disabled prisoner, 2004
Bailey v. MN DOC, MN, Plf Post-Trial Memo, ASL interpreter sex offender treatment disabled prisoner, 2004
New York Prisoners Win Injury Awards, Lack of Expert Testimony Detrimental by Michael Rigby New York Prisoners Win Injury Awards, Lack Of Expert Testimony Detrimental by Michael Rigby In two separate cases, New York courts of claims awarded $3,500 to prisoners pursuing pro se personal injury claims against the state. …
Mason v. State of Maine, ME, Motion for Summary Judgement, Disability Discrimination, 2004 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE DAVID A. MASON AND PHILLIP M. NAPIER Plaintiffs, v. STATE OF MAINE, DEPARTMENT OF CORRECTIONS et. al. Defendants * * * * * CIVIL ACTION NO. 1:03-cv-199 * …
No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints by No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints The U.S. Court of Appeals for the Third Circuit affirmed a district court's denial of summary judgment and qualified immunity for the Delaware prison guards who exposed a prisoner …
Disabled Missouri Prisoner Awarded Backpay after Passing GED Test by The U.S. District Court for the Eastern District of Missouri found that a disabled prisoner was entitled to backpay because he was not reassigned to a premium pay job after he successfully passed the GED test. James Arlt Jr, a …
First Circuit Holds ADA Title II Abrogated State Sovereign Immunity by Bob Williams The First Circuit court of appeals has held that Title II of the Americans with Disability Act (ADA), as applied in this case, abrogates state sovereign immunity. There is now a 6-3 split in the circuits on …
$108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E Dannenberg $108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals approved attorney fees/costs totaling $108,352 for litigation efforts in gaining injunctive relief under the Americans …
Mason v. State of Maine, ME, Second Amended Complaint, Disability Discrimination, 2004 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE DAVID A. MASON AND PHILLIP M. NAPIER Plaintiffs, v. STATE OF MAINE, DEPARTMENT OF CORRECTIONS; JEFFREY D. MERRILL, individually; CAPTAIN RATCLIFF, individually; and SHEILA LORENZ, individually. Defendants * * …
Article • January 15, 2004 • from PLN January, 2004
Massachusetts Jail Guards Assault Mentally Disabled Prisoner by Michael Rigby Massachusetts Jail Guards Assault Mentally Disabled Prisoner by Michael Rigby Six Essex County jail guards were suspended and one fired after they assaulted a mentally challenged prisoner in the jail infirmary by forcing him to eat cake while handcuffed. Author …
Injunctive Relief Ordered to Fix ADA Violations in California Parole Hearings by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals upheld a December 1999 district court decision (USDC, N.D. Calif.) granting injunctive relief to the class of all California state prisoners and parolees having …
Article • June 15, 2003 • from PLN June, 2003
$250,000 Award for Texas Jail Paraplegic Upheld by by Matthew Clarke The Fifth Circuit Court of Appeals has upheld a $250,000 award against Dallas County, Texas, for a paraplegic prisoner who developed life-threatening decubitus ulcers due to the jail's deliberate indifference to his serious medical needs. Brent Lawson, a former …
Federal Legal Standards for Prison Medical Care by Daniel E. Manville Federal Legal Standards For Prison Medical Care by Dan Manville The State is required to provide adequate medical care to those it confines.1 In this time of shrinking budgets, many prison systems have turned to contracting with private health …
Statutes Affecting Disabled Prisoners by Daniel E. Manville In the past couple of years, there have been a number of changes to federal statutes that provide protections to those confined with disabilities. This article discusses those changes. Additional rights that the disabled may have under federal and state constitutional provisions, …
Rehabilitation Act, Title II of ADA, Held Unconstitutional by In two separate rulings the courts of appeal for the Fourth and Fifth Circuits have held that section 504 of the Rehabilitation Act (RA), 29 U.S.C. §794(a), and, Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §12312, do …
Article • March 15, 2003 • from PLN October, 2004
Guards Let California Prisoner Slowly Starve to Death by Guards Let California Prisoner Slowly Starve To Death Seventy-two year old Khem Singh, who spoke no English and was crippled and wheelchair-bound, died of starvation in his Corcoran State Prison Substance Abuse Treatment Facility (SATF) cell on February 16, 2004, after …
Drug Addiction Disability Cannot Be Used to Deny Parole by by John E. Dannenberg The Ninth Circuit US Court of Appeals held that California life prisoners could not be denied parole because of a drug addition disability that fell within the reach of the Americans with Disabilities Act (ADA). Charles …
Sex, Drugs, and Beatings at Boston Jails by by Matthew T. Clarke A pattern of sexual abuse, bru-tality, drug smuggling, improper guard/prisoner relationships, and other official malfeasance at the jails in Suffolk County, Massachusetts, has raised serious questions about the leadership abilities of Suffolk County Sheriff Richard J. Rouse. Sex, …
$1 Million New York Jail Beating Settlement by On April 19, 2002, Nassau County, New York, agreed to pay $1 million to Gary Boylan who was seriously beaten by jail guards after being falsely charged with attempted to lure a six year old girl into his car. Boylan, 52, suffers …
EMSA and Nevada Jail Pay $40,000 Settlement to Quadriplegic by In April, 2002, Robert Cornwall, 30, a quadriplegic, settled a lawsuit against the Washoe county jail in Nevada for $40,000. The lawsuit stemmed from Cornwall being arrested on domestic violence charges against his wife on July 25, 2000. Cornwall spent …
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