As Economy Falters, Rehabilitative and Substance Abuse Programs Get the Axe by As Economy Falters, Rehabilitative and Substance Abuse Programs Get the Axe by Mark Wilson Facing the worst economic crisis since the Great Depression, states are slashing rehabilitative criminal justice programs in a desperate attempt to save money. Critics …
$4.75 Million Settlement in Virginia Jail Construction Accident Case by $4.75 Million Settlement in Virginia Jail Construction Accident Case On June 26, 2008, Electric Power Systems, Inc. (EPS) entered into a $4.75 million settlement in a lawsuit brought by electrician Larry Shifflett, 53, who was seriously injured during construction of …
Sexual Abuse by Prison and Jail Staff Proves Persistent, Pandemic by Gary Hunter Sexual assault, rape, indecency, deviance. These terms represent reprehensible behavior in our society. They also represent recurring themes in our nation’s prisons – not only by prisoners, but also by guards and other staff members. PLN’s August …
Prisoners Used for 2008 Voter Registration, Election Campaigning by Last year, prisoners participating in a work release program were hired by Choices Group, a contractor, to register voters in Nevada. Residents of the Casa Grande Transitional Housing Facility in Las Vegas were used to canvass neighborhoods and sign up voters …
$350,000 Verdict for Malicious Prosecution, False Arrest Claim by A jury in Virginia’s Richmond County Circuit Court has awarded a man $350,000 for injuries incurred during an arrest. Brian Soyars III was arrested outside a bar on January 1, 2006. Ironically, Soyars called police to report that he had witnessed …
Prisoners Can Sue Virginia DOC’s Contract Medical Provider for Breach of Contract by Prisoners Can Sue Virginia DOC’s Contract Medical Provider for Breach of Contract Virginia Department of Corrections (VDOC) prisoners who receive inadequate medical care may sue the VDOC’s contract medical provider for breach of contract, the Supreme Court …
Federal Prisoner's Suit Settles For $1,500 after Falling From Bunk by Virginia federal prisoner Glen Francis brought a federal tort action in 1995 for $200,000 after being injured at FCI Petersburg while climbing down from his bunk. The suit settled for $1,500. Francis was on his top bunk when FCI …
Federal Officials' Refusal To Treat Prisoner's Severed Tendon Settles For $22,500 by Virginia federal prisoner Chris Walker brought a federal tort action against the United States in 1998 after various officials refused to treat his severed Achilles tendon. Jail and prison officials, as well as Bureau of Prisons personnel ignored …
Virginia Guard Injured in Prison Transport Van Accident Settles for $200,000 by A Virginia State jury awarded $250,000 to a guard who was injured while driving a prisoner transport van. While transporting several prisoners, the van driven by guard Ralph P. Tolbert was hit by a car that drove out …
Former Female Prisoners Settle Sexual Abuse Lawsuit in Virginia by State officials at Virginia’s Pocahontas Correctional Unit have reached a settlement agreement with nine former female prisoners who sued after being sexually abused by prison employees. The terms of the settlement, which was approved by the Governor’s office in July …
Virginia Parole Rate Plummets Despite Thousands of Eligible Parolees by John Dannenberg by John E. Dannenberg Politics in Virginia have trumped reason when it comes to releasing eligible offenders on parole. Notwithstanding examples of successful reintegration into society after such prisoners are released, political pressure has driven the parole board’s …
Contempt Order Entered Against Virgin Island’s Prison Mental Health Care by Contempt Order Entered Against Virgin Island’s Prison Mental Health Care A Virgin Islands federal district court has held territory officials in contempt, ruling that they willfully violated the court’s orders. That finding came in a class action suit dating …
Virginia Felons Notified of Possible Exculpatory DNA Evidence – Eventually by Gary Hunter Virginia Felons Notified of Possible Exculpatory DNA Evidence – Eventually by Gary Hunter On January 9, 2008, Virginia’s state Forensic Science Board (FSB) voted 6 to 5 against notifying convicted defendants that DNA evidence had been discovered …
Virginia Police Department Record of Criminal Case Disposition Not Subject to Public Record Request by The Attorney General of Virginia has opined that a city police department that maintains a record of all persons tried in municipal court of the city for whether the party was convicted or acquitted, and …
Hebrew Israelite Prisoner Fails to Show Medallion is Religious by The plaintiff, a Hebrew Israelite, was deprived of his gold leaf medallion; a Catholic priest said he'd never heard of a religion that used a gold leaf medallion, and several Muslims said it was not a religious emblem. The plaintiff …
Clemency Challenge Must be Under Habeas by The plaintiff, scheduled for execution, complained that the Governor who passed on his clemency application was the Attorney General at the time of prior proceedings in his case. Since his underlying claim in the clemency application concerned error at trial, the relief he …
Prosecutor Immune from Suit Where Charges Dropped on Appeal by The plaintiff was prosecuted and convicted of assault on a staff member and sentenced to an additional eight months in jail; on appeal the charges were dropped. The plaintiff sued the prosecutor and those who brought the charges. The prosecutor …
Administrative Exhaustion Required in Suits for Damages by The PLRA exhaustion requirement extends to damage cases even when the administrative remedies don't provide damages The court resorts to the dictionary for definitions both of "available" and of "remedy"; the latter is defined as "to rectify," to "put right," or as …
Fee Award Against Frivolous Prisoner Litigant Reduced by The court had awarded fees of almost $2900 against the plaintiff after ruling against him on the merits of his claims. The Fourth Circuit reversed and held that the 12 factors listed in Johnson v. Georgia Highway Express must be applied. The …
Beating Claims Must Be Exhausted by The PLRA exhaustion requirement applies to use of force claims The plain meaning of "prison conditions" encompasses such claims ("conditions" defined as "restricting, limiting, or modifying circumstances") However, some courts think there is an ambiguity, so the court looks to Congressional intent In § …
