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Montana Agrees to Improve Prison Conditions for Female Prisoners by On November 22, 1994, the State of Montana agreed to settle a class action suit brought by female prisoners incarcerated at the Women’s Correctional Center (WCC). The plaintiffs alleged that the state (1) was deliberately indifferent to their serious health …
No Damage Award for Emotional Injury Where Underlying Harm is De Minimis by The U.S. District Court for the District of Arizona has granted in part and denied in part a summary judgment motion filed by the Durango Jail in a civil rights action challenging unsanitary conditions. Aaron Wittkamper sued …
Los Angeles County Sheriff Recommends $40,000 Settlement for Wheelchair Access Claim by The County Attorney for the Los Angeles Sheriff’s Department recommended that a claim filed by Daniel Lopez pursuant to the Americans with Disabilities Act (ADA), a wheelchair bound paraplegic, for injuries sustained while attempting to be pulled up …
Article • July 15, 2009
New York DOC Agrees to Settle Asbestos Case by On April 4, 1997, the New York Department of Corrections (NYDOC) agreed to settle a suit brought by a group of New York prisoners over their exposure to asbestos. The prisoners alleged that the defendants violated their Eighth and Fourteenth Amendment …
Article • July 15, 2009
New York Liable for Foreseeable Prisoner-on-Prisoner Assault; Prisoner Awarded $80,000 in Damages by A New York Court of Claims found that prison officials were 100% liable for injuries incurred from a foreseeable prisoner-on-prisoner assault at the Auburn Correctional Facility. On July 17, 2003, prisoner Alexis Irizarry was assaulted by prisoner …
Fourth Circuit Affirms Ban on Publications in Jail by On May 7, 1993, the U.S. Court of Appeals for the Fourth Circuit affirmed a lower court ruling upholding a ban on pre-trial detainees receiving publications of any sort. Stephen Hause, an on-again off-again prisoner at the Harry County Detention Center …
Massachusetts Agrees to Improves Conditions for Protective Custody Prisoners by The Commonwealth of Massachusetts agreed to improve the living conditions of prisoners in protective custody in response to a class action suit filed in the 1970s. The agreement was finalized in June 1980. The agreement requires the Commonwealth to give …
Court Enforces Settlement Agreement Despite Absence of Confidentiality Clause by U.S. District Judge Joe Billy McDade has ordered the enforcement of a settlement agreement between the State of Illinois and the family of a prisoner who died in his cell due to hypothermia. The estate of Charles Platcher sued Illinois …
Article • July 15, 2009
Court Rejects Self-Analysis Privilege; Orders Jail Officials to Comply with Subpoena by U.S. Magistrate Judge Diane Welsh has granted a motion to enforce a subpoena for records in a class action suit challenging the adequacy of medical care at the Bucks County Correctional Facility in Pennsylvania. The plaintiffs served a …
Article • July 15, 2009
ETS Exposure Suit Allowed to Proceed Despite Facility No Smoking Policy by U.S. District Judge Joseph A. Greenway, Jr. has denied a motion to dismiss for failure to state a claim in an action alleging cruel and unusual punishment in relation to a prisoner’s exposure to environmental tobacco smoke (ETS). …
$1,400 Settlement in WTO Protester’s Claim by Washington State’s King County Jail paid $1,390.62 to settle the claim of Philip E. Craft, who was arrested for protesting the WTO and was in jail from December 1 – 5, 1999. Craft alleged that prior to being arrested, he was pepper sprayed …
Article • July 15, 2009
$1,500 Award in NY DOCS Failure to Protect Suit by A New York Court of Claims awarded a prisoner $1,500 for prison officials’ failure to protect him. Prisoner Anthony Collins was assaulted and stabbed by other prisoners at the Sing Sing Correctional Facility on May 13, 1999 as a result …
Neal et al v. Michigan DOC, MI, Plan of Allocation - Settlement, sexually hostile prison guard sexual misconduct, 2009 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WASHTENAW NEAL, et al., Plaintiffs, Case No. 96-6986-CZ Hon. Timothy P. Connors vs. MICHIGAN DEPARTMENT OF CORRECTIONS, et al., Defendants. …
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, …
Brief • July 15, 2009
Ashman v. Marshall, MA, Brief Attorney Fee, Successful Conditions of Confinement Suit, 2010 Issue Presented Did the superior court abuse its discretion by awarding attorney fees to Plaintiff-Appellee Doherty after the jury found that the DefendantAppellants had caused him and ten other prisoners to live under conditions of extreme squalor …
Adams v. CCA, CO, Plf Mot to Strike Def Govt Immunity, Prison Riot, 2009 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: VANCE A. ADAMS …
Collins v. Bustamante, NM, Complaint, Sexual Assault and Rape, 2009 Case 1:09-cv-00634-GBW-WDS Document 1-2 Filed 06/29/2009 Page 1 of 33 THIRTEENTH JUDICIAL DISTRICT COUNTY OF CIBOLA STATE OF NEW MEXICO MARY LOU COLLINS, LISA JARAMI,LLO, 1•.,KIM CHAVEZ, and ANN CHAVEZ, 'I''/ ' ~-' ' f Plaintiffs, v. ROGER BUSTAMANTE, HELEN …
Jane Doe v. McKeithen, FL, Memo Opposing MSJ, Sexual Assault, 2009
Brief • June 18, 2009
Benkahla v. Federal Bureau of Prisons, IN, Proposed Amended Complaint, Wrongful CMU Confinement, 2009 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION ) ) ) Plaintiff, ) ) v. ) ) Federal Bureau of Prisons; ) Eric H. Holder, Attorney General of the ) United States; Harley …
Article • June 15, 2009
West Virginia Supreme Court Upholds Regional Jail Payments From Counties by The Regional Jail and Correctional Facility Authority (Authority) of West Virginia filed an original mandamus action in the Supreme Court of Appeals of West Virginia to compel the County Commission of Cabell County (County) to fulfill its obligation to …
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