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Article • June 15, 2009 • from PLN June, 2009
Texas Lawmakers “Surprised” Over Hiring of Non-Citizen Prison Guards on Work Visas by Matthew Clarke by Matt Clarke Texas has 112 prisons and employs 23,700 guards – which is 2,600 shy of the number authorized by the state legislature. The shortage of prison staff is not new and neither is …
First Circuit Awards Defendant Costs Under FRCP 68; Plaintiff Rejected $10,000 Offer, Was Awarded $5,500 by Mark Wilson First Circuit Awards Defendant Costs Under FRCP 68; Plaintiff Rejected ?$10,000 Offer, Was Awarded $5,500 by Mark Wilson The First Circuit Court of Appeals has awarded a defendant costs under Federal Rule …
Article • June 15, 2009 • from PLN June, 2009
Florida Judge Publicly Reprimanded for Trying to Ease Jail Overcrowding by On May 6, 2009, the Florida Supreme Court publicly reprimanded a St. Lucie County judge who had tried to do something about overcrowding at the county’s jail. Earlier this year, following a two-day hearing, the Judicial Qualifications Commission (JQC) …
$875,001 Verdict in Beating of Massachusetts Prisoner by David Reutter by David M. Reutter Finding that a guard at Massachusetts’ Suffolk County House of Correction (SCHC) had violated a prisoner’s Eighth Amendment rights and committed assault and battery, a federal jury awarded the prisoner $875,001 in damages. The 121-page complaint …
Article • June 15, 2009 • from PLN June, 2009
California Prison’s Drinking Water Cited for Excessive Arsenic Levels by John Dannenberg California Prison’s Drinking Water Cited for Excessive Arsenic Levels by John E. Dannenberg Whenever prisoners at California’s Kern Valley State Prison (KVSP) watch the classic 1944 movie Arsenic and Old Lace, they have to swallow hard. That’s because …
Article • June 15, 2009 • from PLN June, 2009
Nevada Ramps Up Prisoner Deportations – Even Those Ineligible for Early Release by Matthew Clarke Nevada Ramps Up Prisoner Deportations – Even Those Ineligible for Early Release by Matt Clarke In an attempt to reduce prison overcrowding and save money, Nevada has expanded its efforts to deport incarcerated non-citizens, including …
Article • June 15, 2009 • from PLN June, 2009
Empty Oregon Jail Has Cost $1.25 Million; Grand Jury Demands Humility and Creative Solutions by Mark Wilson Empty Oregon Jail Has Cost $1.25 Million; Grand Jury Demands Humility and Creative Solutions by Mark Wilson The Wapato Jail in Multnomah County, Oregon was completed in 2004 at a cost of $58 …
Systemic Constitutional Violations at Ohio Juvenile Facilities Leads to Settlement in Class Action; Guards Attempt to Block Relief by Brandon Sample Systemic Constitutional Violations at Ohio Juvenile Facilities Leads to Settlement in Class Action; Guards Attempt to Block Relief by Brandon Sample The Ohio Department of Youth Services (ODYS) has …
TYC Leaders Straining Public Coffers; Agency Still Problematic by Gary Hunter Administrators at the already-troubled Texas Youth Commission (TYC) have succeeded in creating a new scandal. Only 18 months ago, Texas citizens and lawmakers were rocked by revelations that two senior TYC officials, Ray Brookins and John Paul Hernandez, had …
CA Jail Deputies Allegedly Provoke Murder of Misidentified Child Molester by Other Prisoners; Wrongful Death Suit Settled for $600,000 by CA Jail Deputies Allegedly Provoke Murder of Misidentified Child Molester by Other Prisoners; Wrongful Death Suit Settled for $600,000 A prisoner booked into the Theo Lacy jail in Orange County, …
Conditions in Maricopa County, Arizona Jails Still Unconstitutional by Matthew Clarke by Matt Clarke On October 22, 2008, U.S. District Court Judge Neil V. Wake issued an 83-page order with findings of facts and conclusions of law in a long-running civil rights lawsuit against Maricopa County, Arizona Sheriff Joe Arpaio …
Article • May 15, 2009 • from PLN May, 2009
Michigan Auditor General: DOC Overspends Millions on Overtime by Matthew Clarke by Matt Clarke In October 2008, Michigan’s Auditor General released a performance audit on selected personnel and other administrative costs at the Department of Corrections (DOC) for the previous fiscal year. The report revealed that the DOC had overspent …
Fourth Circuit Reinstates South Carolina Jail Conditions Suit by On June 20, 1991, the Fourth Circuit Court of Appeals reinstated a South Carolina prisoner's challenge to conditions of confinement at the Lexington County Jail. Leonard Archie Smith, a former South Caroline pre-trial detainee, filed a pro se civil rights action …
Tobacco Companies Cannot Be Sued Under Section 1983; NJSFA Does Not Create Private Cause of Action by A New Jersey federal court dismissed a state prisoner’s suit against several tobacco companies for injuries from second-hand smoke inhalation. New Jersey prisoner James Hemphill sued Philip Morris USA, R.J. Reynolds Tobacco Co., …
Private Prison Company Cleans Up Texas Creek, Finally Gets Prisoners by Matthew Clarke by Matt Clarke In July 2008, Louisiana-based private prison company LCS Corrections Services agreed to remove junked cars, appliances and other debris inhibiting the flow of Petronila Creek, which runs close to LCS’s newly-built 1,100-bed Coastal Bend …
Ninth Circuit: Former Gang Member Entitled to Jury Trial in § 1983 Jail Guard Retaliation Suit by Ninth Circuit: Former Gang Member Entitled to Jury Trial in § 1983 Jail Guard Retaliation Suit The Ninth Circuit U.S. Court of Appeals ruled that a prisoner’s lawsuit against the Los Angeles County …
Article • May 15, 2009 • from PLN May, 2009
California Prison Fined $40,000 for (Another) Raw Sewage Spill by California Prison Fined $40,000 for (Another) Raw Sewage Spill California water officials fined the California Men’s Colony State Prison (CMC) in San Louis Obispo $40,000 for a 20,000 gallon raw sewage spill into Chorro Creek on January 27, 2008. This …
$95,000 Awarded After NY Court Officers Fail to Transmit Protective Custody Order to DOC and Rape Occurs by The Supreme Court of New York held that the Court of Claims erred when it dismissed a prisoner’s damages claim for injuries suffered when he was not placed in protective custody as …
Article • May 15, 2009
New York Jury Dismisses Secondhand Smoke Claim by On May 9, 2008, a New York jury unanimously ruled in favor of the City in a claim filed in 2001 by 78-year-old Raymond Marques, known as "Spanish Raymond" in his heyday as the alleged chief of the Spanish Harlem numbers racket …
Brief • April 30, 2009
Davis v. Tucker, TX, Judgment, Failure to Protect, 2009 Case 9:07-cv-00019-RC-ZJH Document 113 Filed 04/30/09 Page 1 of 7 PageID #: 660 UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED April 2, 2009 No. 08-40157 Summary Calendar Charles R. Fulbruge Ill …
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