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$885,437.24 Award for CMS Massachusetts Jail Nurse Barred for Reporting Prisoner Abuse by $885,437.24 Award for CMS Massachusetts Jail Nurse Barred for Reporting Prisoner Abuse A Massachusetts federal court awarded $885,437.24 in compensatory damages, punitive damages, costs, attorney fees and electronic litigation support fees to a Correctional Medical Services (CMS) …
Florida Prison Employees Awarded $630,000 for Subjection to Prisoner “Gunners” by Florida Prison Employees Awarded $630,000 for ?Subjection to Prisoner “Gunners” On May 15, 2008, a federal jury awarded $45,000 to each of 14 former female employees at Florida’s Martin Correctional Institution, finding the women had been subjected to lewd …
Rape of Child by Former Washington DOC Director’s Son Spawns Departmental Crisis by John Dannenberg Rape of Child by Former Washington DOC Director’s Son Spawns Departmental Crisis by John E. Dannenberg The Washington State Court of Appeals has upheld the firing of the Department of Corrections’ (WDOC) chief personnel counselor …
Article • January 15, 2009
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 …
DC Circuit Rejects Waiver of Psychotherapist-Patient Privilege by The U.S. Court of Appeals for the District of Columbia (DC) held that a patient’s communications with his therapist were privileged and not subject to discovery. The Court found that there had been no implied or express waiver of the psychotherapist-patient privilege. …
Criminal Suspect Policeman's Photo And Address Not Protected From Press by A Michigan State Policeman's wife, Dorothy Bailey, appealed her 42 U.S.C. § 1983 dismissal after Port Huron Police Department personnel revealed her and her husband's personal information to the press. The dismissal was affirmed. Bailey and her inebriated husband, …
Texas: $232,000 Settlement, $82,000 Award in Prison Employees' Discrimination Suits by In 2003 and 2004, plaintiffs in two separate lawsuits prevailed on their claims of racial discrimination against the Texas Department of Criminal Justice (TDCJ). In the most recent lawsuit, four auditors in the Community Justice Assistance Division of TDCJ …
Article • December 15, 2008 • from PLN December, 2008
Oregon Guards Wrongly Fired Win $1,000,000 by Russell Rice and Larry Lytle, both career employees of the Oregon state Department of Corrections, were fired by Superintendent Frank Thomas of the Santiam Correctional Institute in early 2004. Both had long histories of exemplary performance. But they formally complained that Thomas, who …
South Carolina Prison Officials Allegedly Forced to be Executioners by On December 18, 2007, Ira Baxley and Terry Bracey, former South Carolina Department of Corrections (DOC) officials with 22 and 23 years of service, respectively, filed suit in federal court against DOC Director Jon Ozmint and Director of Operations Robert …
Arizona DOC Guard Reinstated Despite Error Resulting in Prisoner’s Murder by Arizona’s state personnel board has overturned disciplinary actions against two prison employees who were implicated in errors leading to the murder of a prisoner at ASPC Florence. The board determined that although mistakes occurred, they should not have resulted …
Barnwell v. CCA, KS, Memo in Support of Plf Mot for Class Cert, FLSA employee litigation, 2008 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS AT KANSAS CITY KEITH E. BARNWELL, et al. On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, vs. CORRECTIONS CORPORATION OF …
Disabilities Subject to Correction Not Protected by ADA by Under the Americans with Disabilities Act, whether an impairment "substantially limits" one or more major life activities is assessed with reference to mitigating measures (in this case, medication for high blood pressure). That means someone whose disability is substantially corrected can …
Firing of Work Release Intern for TV Interview Upheld by A student intern was terminated from her position at a halfway house for sex offenders for giving a television interview in which she criticized a proposed policy change. Her interest in free speech was outweighed by the state's interest in …
Article • August 15, 2008
No Federal Right to Safe Workplace for Jail Guards by The plaintiff jail employee alleged that she was injured as a result of contamination in the jail ventilation system (raw sewage was leaking into the air supply). There is no federal constitutional right to a safe workplace. There is no …
Article • August 15, 2008
Okay for Sheriff to Fire Political Candidate by The Sheriff told his staff that if any of them ran against him, opposed his re-election, or was in any way disloyal to him, they would be fired. The plaintiff said he was running against the Sheriff, and he was fired. Three …
Firing of Abusive Texas Prison Guards Upheld by The plaintiff correctional officers were fired for misconduct in connection with a use of force. After acquittal in their criminal trials, the prison system refused to restore their jobs. They claimed that the prison system had suppressed exculpatory evidence. Their claims are …
ADA Requires Employees Exhaust Claims Prior to Filing Suit by Title II of the Americans with Disabilities Act doesn't create a claim for public employees for employment discrimination; it doesn't deal with employment, and Title I, which does, relegates public employees to the administrative scheme with exhaustion requirement of Title …
TDCJ Denied Qualified Immunity in Employee's Unconstitutional Termination Suit by John F. Fant, a former Legal Services Director for a division of the Texas Department of Criminal Justice (TDCJ), appealed a 2003 U.S. District Court decision denying his motion for dismissal of a lawsuit based on qualified immunity grounds. The …
Federal Prison Guard Suspended Indefinitely for Active Duty Assault in Iraq by Former Metropolitan Detention Center (New York) federal prison guard Gary Pittman sought review of a 2006 Merit Systems Protection Board's (Board) affirmation of his release from federal employment upon return from active military duty in Iraq. He alleged …
Ex Washington DOC Guard's $101,000 Jury Award for Termination Reversed Due to Insufficient Evidence by The Washington Department of Corrections (DOC) appealed a 2005 judgment in favor of former employee Sandra Harris. Harris had sued claiming gender and disability discrimination, retaliation and outrage following her job termination. The jury verdict …
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