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Arkansas Sends Toxic Tech Trash to UNICOR Recycling Program by Matthew Clarke by Matt Clarke A number of counties in Arkansas have been sending their toxic electronics waste, including broken computers and televisions, to Federal Prison Industries, Inc. (UNICOR), the industry program for the U.S. Bureau of Prisons (BOP). UNICOR …
$4.6 Million Settlements in Death of Quadriplegic D.C. Prisoner by David Reutter by David M. Reutter When 27-year-old Jonathan Magbie entered the District of Columbia Jail to serve a 10-day sentence, he was a quadriplegic confined to a mouth-operated wheelchair. Four days later he was dead. D.C. Superior Court Judge …
Positive Correlation between Mental Illness and Prison Victimization by Jimmy Franks In September 2008, the Center for Behavioral Health Services & Criminal Justice Research (the Center) published its Policy Brief regarding a recent survey conducted to determine the quality of life for prisoners in New Jersey’s Department of Corrections (DOC). …
No Qualified Immunity for Pepper Spraying Alabama Prisoner; Case Settles After Remand by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals held that pepper spraying a prisoner, keeping him in a small cell for longer than necessary to gain his compliance, and not allowing him to …
Connecticut Settles Overcrowding Suit by The State of Connecticut in the early 1980s agreed to settle a suit over the overcrowding at the Somers Correctional Facility. Joseph Letezeio individually and on behalf of all those similarly situated at Somers sued the State of Connecticut alleging that the overcrowding and other …
Consent Judgment Entered in Connecticut Prison Conditions Case by On October 17, 1989, a consent judgment was entered resolving various claims regarding the constitutionality of living conditions at the Connecticut Correctional Institution at Somers. The settlement requires the defendants to (1) eliminate housing in a barbershop and card room; (2) …
Article • July 15, 2009 • from PLN July, 2009
$3,200 Awarded to Indiana Jail Prisoner for Negligent Medical Care by On December 2, 2008, a federal jury awarded Richard Petrig, a former prisoner, $3,200 for negligent medical care. Petrig was attacked by his cellmate while incarcerated at the Posey County Jail in Indiana. After the attack, Petrig told jail …
Article • July 15, 2009 • from PLN July, 2009
New York Prisoner Awarded $5,000 for Assault by Cellmate by A New York Claims Court awarded a prisoner $5,000 for being assaulted by his cellmate. The Court found that prison officials knew or should have known that a threat existed and they failed to act to prevent it. While incarcerated …
Causal Link Established by Prison Officials’ Failure to Protect Prisoner from Specific Threats by The Eleventh Circuit Court of Appeals held that two Florida prison officials could be held liable under 42 U.S.C. § 1983 for failure to act upon a prisoner’s request for protection when he specified the nature …
Massachusetts Prisoner Awarded $550,307 in Attorney Fees and Costs in Unsanitary Conditions Case by On December 30, 2008, a Massachusetts state court awarded a former prisoner $547,566 in attorney fees and $2,741 in costs and litigation expenses in a civil rights action in which the plaintiffs were awarded only nominal …
Article • July 15, 2009 • from PLN July, 2009
$75,000 Settlement for Shutting Off Water in Seattle Jail Prisoner’s Cell by Washington State’s King County Jail has settled a pre-trial detainee’s claim that he was unconstitutionally punished. The Jail settled the matter for $75,000. The basis of the claim was a guard shutting off the water in the prisoner’s …
Marin County Agrees to Pay $300,000 to Prisoner Severely Injured After Being Denied Psych Meds by On September 13, 2006, the County of Marin, California agreed to settle a lawsuit brought by a former Marin County prisoner who severely injured himself after being denied psychiatric medications. Jacob Neitzel had a …
Article • July 15, 2009
Pennsylvania Prisoner Properly Exhausted Claims in Medical Diet Case by On November 4, 2008, a Pennsylvania district court denied summary judgment in the case of Pennsylvania prisoner, Richard Young. Young, represented by Meghan E. Jones-Rolla of Meyer, Darragh, Buckler, Bebenek, and Eck in Pittsburgh, filed a Section 1983 claim alleging …
Article • July 15, 2009
Prison Officials Entitled to Make Medical Decisions for Delusional Prisoner by California’s Fifth Appellate District has held that a court’s decision to grant prison administrators authorization to consent to medical treatment on a prisoner’s behalf was proper. The decision to grant a prison doctor’s petition under Probate Code section 3201 …
Article • July 15, 2009
Slip and Fall Nets $5,000 Settlement by Washington State’s King County Jail paid $5,000 to settle a slip and fall claim filed by former prisoner Clifford Goodwin. The claim alleged that on September 10, 2001, Goodwin fell in urinal waste water that was on the floor due to a broken …
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 …
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