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Article • May 15, 2007
$260,000 Paid for Washington Parolee's Attempted Rape by On June 27, 1992, Kevin Ingalls assaulted and attempted to rape Deborah Kelly. At the time, Ingalls was on parole. The complaint alleged negligent supervision because Ingalls had violated parole before the incident. On March 25, 2002, the Washington Department of Corrections …
Article • May 15, 2007
$350,000 Awarded in Pennsylvania False Rape Charges by The plaintiff in this case was accused of raping the defendant at knife point in January 1985. The plaintiff was convicted and sentenced to 7.5 to 15 years in prison. The defendant claimed she received threatening letters and phone calls at the …
Article • May 15, 2007
$385,000 Paid to Connecticut Prisoner for Guard's Sexual Assault by On April 15, 1991, a jury awarded a 34-year-old former prisoner of Connecticut's Women's Correctional Institution $385,000, which included $250,000 in punitive damages, against a prison guard who sexually assaulted her during incarceration. The guard was ultimately fired and criminally …
Article • May 15, 2007
$402,000 Paid in Oregon Guard's Discrimination Suit by Oregon prison guard Bruce Anglin, 37, was awarded $402,000 after an 8-day jury trial on his claim that the Oregon Department of Corrections failed to reinstate him to available and suitable work and discriminated on the basis of disability in 1997. Anglin …
$125 Attorney Fees Paid to Washington Prisoner in Personal Restraint Action by Lonnie L. Burton was a prisoner at Washington's Stafford Creek Corrections Center in April 2001 when he received a disciplinary infraction. He did not attend the hearing, which resulted in errors occurring. After the Attorney General's office requested …
Article • May 15, 2007
No Disclosure of Federal Prisoners Held in Illinois Jail by A federal district court in Illinois held that the Illinois Freedom of Information Act did not allow the disclosure of the names of federal prisoners held in the DeWitt county jail in Illinois. A reporter from The Pantagraph, a local …
Article • May 15, 2007
Summary Judgment for Jail Guard Upheld; Punch, Injury De Minimis by The U.S. Third Circuit Court of Appeals upheld a district court's grant of summary judgment to a jail guard in a case where a prisoner claimed he had been punched by the guard. Luis Reyes was housed in the …
Article • May 15, 2007
Use of Stun Gun, Four-Point Restraints Not Constitutional Violation by The U.S. Third Circuit Court of Appeals affirmed a federal district court in Pennsylvania by holding that a state prisoner's Eighth Amendment rights were not violated by guards' use of a stun gun and four-point restraints, where evidence showed the …
Warden Denied Qualified Immunity in Guard's Race Discrimination Suit by The U.S. Sixth Circuit Court of Appeals dismissed an interlocutory appeal from a district court's denial of summary judgment to an Ohio prison warden. Richard Parks was a guard at Warren Correctional Institution (WCI), where Anthony Brigano was warden. Parks …
Article • May 15, 2007
Washington Prisoner's Motion to Withdraw Guilty Plea Denied by On February 14, 2003, the Washington Court of Appeals, Division II, upheld a trial court's denial of a state prisoner's motion to withdraw a guilty plea. Steven Henderson and another prisoner were charged with escaping from the Clallam Bay Corrections Center …
Texas Jail Director's Conviction Upheld by The Fifth Circuit Court of Appeals affirmed the convictions of two defendants charged with extortion and conspiracy to extort under the Hobbs Act, 18 U.S.C.§ 2 and 1951. The defendants were Jose Marcelino Rubio, Sr., the father of the District Attorney for Texas' Web …
Texas Sex Offender Counseling Provision Not Ex Post Facto by The Fifth Circuit Court of Appeals held that a statute enacted after a prisoner was convicted and sentenced is not ex post facto if it is not punitive. Texas prisoner George W. Rieck, Jr., filed a habeas corpus petition challenging …
Article • May 15, 2007
Filed under: Media
TN Prisoner Libel Proof by The Tennessee Court of Appeals held that a prisoner's conviction resulting in incarceration for 99 years renders any reputation he may have virtually valueless," and that he was, in the eyes of the law, libel proof." This action was filed by a prisoner convicted of …
$75,000 Award Upheld in Use of Carcinogense Blood Detection Agency by The First Circuit has ruled that the forcible application of benzidine, known as a primary carcinogen, to prisoner's bodies was a constitutional violation and sufficient to warrant damages. On November 2 and 3, 1974, Douglas S. Gomes and several …
Arbitrary Censorship and Abuse of Disabled Prisoners Unlawful by The Sixth Circuit has held that the First Amendment protects prisoners from capricious interference with their incoming mail and that actual physical injury is not a requisite to show an Eighth Amendment violation of cruel and unusual punishment. George Parrish and …
Arkansas Beating Suit Wrongly Dismissed When Court Won't Call Witnesses by The U.S. Court of Appeals for the Eighth Circuit held that a district court had erred in not considering a prisoner's request to call witnesses. A prisoner filed a civil rights suit against the Arkansas Department of Corrections, for …
Prison Doctor's Lack of Knowledge Does Not Constitute Deliberate Indifference by The Ninth Circuit U.S. Court of Appeals held that a Hawaii prison doctor's medical malpractice resulting in the death of a prisoner, while demonstrating negligence, did not rise to the level of "deliberate indifference" to establish Eighth Amendment cruel …
Prisoner Appeals Damages Verdict in Failure to Protect Suit by Michael Darrell Sanders, an Arkansas prisoner, filed a lawsuit in U.S. District Court, Eastern District of Arkansas, in 1992 against the Arkansas Department of Corrections (DOC) and its officials (defendants), for allegedly failing to protect him from attacks by other …
Article • May 15, 2007
IAD Not Violated; "Law of the Case" Controls by IAD Not Violated; "Law of the Case" Controls The U.S. Sixth Circuit Court of Appeals held that a prisoner's incarceration in a county jail on parole violations while also awaiting trial on federal charges was not a "term of imprisonment" under …
Article • May 15, 2007
Lost Magazine States Free Speech Claim; Dismissal Reversed in Part by The U.S. Seventh Circuit Court of Appeals held that a prisoner adequately pleaded a violation of his First Amendment right to free speech in a case where prison officials seized, and later lost, the prisoner's magazine. While incarcerated at …
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