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Article • May 15, 2007
Guard's Employment Rights Trump Prisoners' Privacy Rights by New York state female prisoners at the Bedford Hills Correctional Facility filed a 42 U.S.C. p1983 complaint when male guards were assigned to their housing and medical units at night. The prisoners claimed that their constitutional rights to privacy were being violated …
Article • May 15, 2007
Eleventh Circuit Overturns Order Prohibiting Access To Hearings, Documents by In this case brought by a newspaper publisher seeking to cover the enforcement of a consent decree concerning overcrowding in Alabama prisons, the U.S. Eleventh Circuit Court of Appeals reversed a district court's order prohibiting public access to court bearings …
$1,000 Paid in WA DOC Employee's Discrimination Suit by Saiyed I. Hasan, an employee at Washington Corrections Center, filed suit is State Court alleging he was the victim of harassment, discrimination, and false reports. The complaint does not detail the facts, which occurred in 1993. The suit was filed in …
Article • May 15, 2007
$1,200 Paid in WA Prisoner's Retaliation Claim by Timothy J. Beard filed a 42 U.S.C. section 1983 action in federal court alleging he was denied employment by Correctional Industries at the Clallam Bay Corrections Center. (CBCC). Beard had worked at the Industry when he was terminated, along with several other …
$7,500 Paid in Beating of WA Female Prisoner by Lila McCrary filed a tort claim with the office of Risk Management stating that while she was imprisoned at the Washington Corrections Center for Women on April, 27, 1997, she was assaulted by Jerry Keen, Correctional Mental Health Counselor I. She …
$7,500 Paid in WA DOC Employee's Sexual/Racial Discrimination Suit by Norma Dillman, an employee at the Washington State Reformatory, was subjected to sexual and racial discrimination from 1986 to 1989. Her complaint states:" On May 19, 1987, at approximately 8:30 a.m. I was physically struck by Sgt. Gould after suffering …
Article • May 15, 2007
$15,612 Paid in WA DOC Employee's Hostile Work Environment Claim by Laurie Schley, a health care worker at the Washington Corrections Center, was subjected to a hostile work environment after her supervisor inquired in January 1995 of her marital situation, impending separation and dissolution of her marriage and other personal …
Article • May 15, 2007
$20,000 Paid in WA Guard's Sexual Harassment Suit by Kimberly D. Metzger, a guard at the Special Offender Center in Monroe, was subjected to sexual harassment from March 12, 1995 to October 12, 1995, by guard Eugene Porter. Porter made statements such as:" I know you want this big black …
Article • May 15, 2007
$25,000 Paid in WA DOC's Employees Sexual/Racial Harassment Suit by Alicia B. Gaukroger, a dental assistant at the Washington State Penitentiary, was subjected to conduct so pervasive it created a hostile work environment for her between May 1990 to July 10, 1992. Her supervisors, Douglas Wood, Daniel Iverson, David Hoegar, …
Article • May 15, 2007
$48,500 Paid In WA DOC Employee's Harassment Suit by Diane Kozak, an employee at Twin Rivers Correctional Facility in Monroe, Washington, filed suit in Snohomish County Superior Court alleging that guard "Ordonez" subjected her to sexual harassment, unwanted touchings, and sexual remarks. He was disciplined and advised by his employer …
Article • May 15, 2007
$50,000 Paid in WA DOC Employees Sexual Discrimination Suit by Ruth M. Klepach, an employee at a Yakima County Washington Department of Corrections Facility, filed suit alleging she was discriminated against on the basis of gender in the course and scope of her employment. The complaint, filed in Yakima County …
$62,000 Paid In WA DOC Employee's Race/Gender Discrimination Suit by Dorothy J. Sanders, an employee of the Washington Corrections Center in Shelton, filed suit in the U.S. District Court, Western District of Washington, alleging that in 1997 she was forced to work in a hostile environment due to her race …
9-11 Detainees' Suit Survives Government's Motion to Dismiss by Matthew Clarke By Matthew T.Clarke On. September 27, 2005, a federal district court in New York issued a 70-page, unpublished memorandum and order granting in part and denying in part the defendants' motion to dismiss civil rights conditions-of confinement claims brought …
New Mexico: $50,000 Settlement For False Arrest, Unconstitutional Strip Search by In the week of January 1, 2001, a lawsuit alleging false arrest and an unconstitutional strip search in retaliation for supporting a particular candidate for district attorney settled for $50,000. In 1999, while attending Gallup High School, Emily Ellison …
CCA Settles Wrongful Death Suit in Texas For $60,000 by In 1998, Corrections Corporation of America (CCA) paid $60,000 to settle a lawsuit filed by the father of a prisoner who died from a drug overdose at a CCA-operated prison. Hugh Wayne Martin, a Texas state prisoner, was transferred to …
Article • May 15, 2007
WA Restitution Statue Amendments Retroactive by The Washington Supreme Court reversed a Superior Court's order that held the 1994 and 1997 amendments to RCW 9.94A.142 violate ex post facto as applied; to defendant convicted of 16 Counts of arson in 1986 Pursuant to the amendments the State moved the Superior …
WA Prisoner Gets Major Infraction Dismissed After Filing PRP by Rahih Aboul-Hosn, a Washington state prisoner, filed a Personal Restraint Petition (PRP), in the Washington Court of Appeals, Division I, claiming that his due process rights were violated at a major infraction hearing, for an infraction he received while at …
Texas Prison Guards Who Murdered a Convict Sent to Federal Prison by On March 13, 2002, two former Texas prison guards admitted in plea agreements that they beat a prisoner to death. Their pleas were accepted by U.S. District Judge Howell Cobb who sentenced them to federal prison. Joel Lambright …
Silence can Constitute "Waiver" of Witness at Disciplinary Hearings by Silence can Constitute "Waiver" of Witness at Disciplinary Hearings The Second Circuit Court of Appeals held a prisoner's failure to request a witness testify at disciplinary hearing after the hearing officer asked if the hearing should go in any other …
Article • May 15, 2007
Filed under: Attorneys, Public Defenders
Public Defender not Actor Under Color of State Law for Withdrawing from Appeal by The U.S. Supreme Court held a public defender cannot be held liable under 42 U.S.C §1983 for moving to withdraw from a criminal defendant's appeal on the grounds the defendant's appeal and claims are frivolous. An …
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