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Selective BOP Prosecution Based On Race Unproven by Federal prisoner Frederick DeBerry (an African-American) located at the Bureau of Prisons (BOP) Florence, Colorado, facility, and two other African-American prisoners at this facility, appealed the District of Colorado's decision that they had not met their burden of proof of both discriminatory …
Article • May 15, 2007
Random Searches Of Pennsylvania Prison Visitors' Vehicles Held Constitutional by In a ruling that applies the limited rights of prisoners to those who visit prisoners, the U.S. District Court for the District of Pennsylvania held that prison officials can randomly search visitors' vehicles regardless of individualized suspicion or cause. On …
$641,000 Settlement In Beating Death Of Alabama Jail Prisoner by Following the death a man who was allegedly beaten by jailers in a Montgomery, Alabama, jail, the City settled with the man's estate for $641,000. The decedent was arrested in June 1997 for fondling a 10-year-old girl and imprisoned in …
Article • May 15, 2007
Assaulted New York Jail Prisoner Awarded $330,000 by In October 1998, a New York court awarded $330,000 to a man who was seriously injured in an attack by other prisoners at a Westchester County jail. The plaintiff claimed that while imprisoned by Westchester County in September 1992, he was moved …
Estate of Murdered Tennessee Prisoner Awarded $75,000 by In January 1999, a Tennessee court awarded $75,000 to the estate of a prisoner who was attacked and killed by another prisoner. The estate claimed that prison officials were negligent for housing the decedent with a convicted murderer who had previously threatened …
Article • May 15, 2007
Federal Prisoner's Estate Awarded $78,000 for Suicide by In July 1998, a federal court awarded $78,000 to the estate of a prisoner who committed suicide at a federal prison in Missouri. The estate claimed in the lawsuit that prison medical personnel failed to provide medication for the decedent's known depression. …
Article • May 15, 2007
No Due Process Violation For Termination Of Incarcerated Father's Parental Rights by No Due Process Violation For Termination Of Incarcerated Father's Parental Rights The Tennessee Court of Appeals upheld the termination of a Federal prisoner's Parental rights as not violating due process. The father's rights were terminated by the trial …
Missing Finger Tips Cost Washington DOC $2,500 by In February of 1997, the State of Washington and the Department of Corrections paid Richard L. Campbell $2,500. On January 18th, 1996, Campbell, a prisoner residing at Washington Corrections Center in Shelton, Washington, was working in the kitchen's meat room when he …
Article • May 15, 2007
New York Prisoner Awarded $6,000 For Hernia by In June 1998, a New York court of claims awarded $6,000 to a state prisoner who sustained a hernia while moving church pews as part of his work assignment. The plaintiff contended in his lawsuit that prison officials were negligent for failing …
Article • May 15, 2007
New York Prisoner Awarded $12,500 For Inadequate Ulcer Treatment by In June 1998, a New York court of claims awarded $12,500 to state prisoner who claimed he received substandard medical care while imprisoned. The plaintiff claimed that in December 1994 prison medical personnel inadequately treated his simple ulcer. The defendants …
Article • May 15, 2007
Philadelphia Settles Negligent Supervision Suit for $3.5 Million by Michael Rigby On November 19, 2004, the City of Philadelphia, Pennsylvania, agreed to pay $3.5 million to a former prisoner who suffered permanent brain damage as a result of his failed suicide attempt in a city jail. In 1999 Christopher Foster, …
Job Discrimination Due to Disability from Hepatitis-C Treatment Violates California Worker's Rights by Job Discrimination Due to Disability from Hepatitis-C Treatment Violates California Worker's Rights by John E. Dannenberg A California Department of Corrections and Rehabilitation (CDCR) stationary (plant maintenance) engineer who suffered from Hepatitis-C (HCV) sued for disability discrimination …
Contract Doctor Negligently Liable As Agent Of State DOC by State prisoner Joe Medley filed a medical negligence claim with the North Carolina Industrial Commission alleging that a doctor hired by the Department of Correction s(DOC), caused the amputation of his leg due to infection. The Commission granted summary judgment …
$2,220,000 Settlement To Missouri Prisoners Formerly Housed In Texas by Over seven hundred Missouri state prisoners, who were formerly housed as part of a bed-sharing program in Texas prison facilities from January 1, 1995, through December 31, 1997, filed a Federal class action civil rights complaint regarding conditions of confinement …
Article • May 15, 2007
Unreasonable Search Claim Survives Summary Judgment by Former New Hampshire state prisoner Shelia Elliott filed a Federal civil rights complaint alleging that a strip search conducted by a private transport company (Transcor) employee under contract with New Hampshire was unreasonable and violated her right to privacy under the First and …
Article • May 15, 2007
One Meal Per Day May Not Be Adequate For Kentucky State Prisoner by Former Kentucky state prisoner Alford Cunningham filed a Federal Civil rights complaint alleging that McCracken County (Kentucky) jail personnel violated his 8th Amendment rights by subjecting him to cruel and unusual punishment when depriving him of food …
Article • May 15, 2007
Summary Judgment For Free Exercise Of Religion Upheld: Untimely Appeal Dismissed by Summary Judgment For Free Exercise Of Religion Upheld: Untimely Appeal Dismissed Kansas state prisoner Jimmy Searles filed a Federal civil rights complaint against State Department of Corrections (DOC) personnel for allegedly violating his First Amendment right to freedom …
Article • May 15, 2007
Filed under: Complaints, Sentencing, Parole
Criminal History Trumps Reporter Liability For Denial Of Parole by Kansas state prisoner Thomas Lamb filed a State Court complaint against Tony Rizzo, a newspaper reporter, alleging libel for published articles containing alleged "lies and false information" which caused Lamb to be denied parole. Rizzo removed the case to the …
Tenth Circuit Reverses Disciplinary Convictions For Pursuing Post-conviction Relief by Tenth Circuit Reverses Disciplinary Convictions For Pursuing Post-conviction Relief The U.S. Court of Appeals for the Tenth Circuit reversed two Oklahoma State prisoners disciplinary convictions for violating a state statute. The prisoners were wrongly convicted and punished for a misinterpretation …
Article • May 15, 2007
Oklahoma Prisoner's Federal Civil Rights Complaint For Alleged Rapes Denied by Oklahoma state prisoner Pamela Smith filed a Federal civil rights complaint against former Oklahoma Department of Public Safety ("ODPS") employee Don Cochran, claiming violations of her Fourth, Fifth, Eighth, and Fourteenth Amendment rights for repeatedly being raped by Cochran …
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