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Article • May 15, 2007
OH Prison Guards Liable for Destroying Prisoner's TV by Anthony Mayfield, a state prisoner, exchanged his personal 11-year-old television for one owned by the prison that worked better. Guards destroyed Mayfield's TV without documented authorization. Mayfield filed a negligence claim against the guards in the Court of Claims of Ohio. …
Article • May 15, 2007
Certified Court Records Not Hearsay by Brian Benefiel was released from the Washington State prison system after serving a sentence for attempted second degree assault. He didn't report to his supervising community corrections officer, for which he was arrested and charged with escape from community custody. A certified copy of …
Alaska Prisoners' Disciplinary Hearing Rights by In 1975 Alaska's supreme court held that under the state and federal constitutions, Alaskan prisoners enjoy substantial due process rights in prison disciplinary hearings, moreso than prisoners enjoy under the U.S. Constitution alone. The state supreme court held that Alaskan prisoners have the right …
Article • May 15, 2007
IL Guard's Challenge to Her Dismissal Held Untimely by Erma Rodriguez, a jail guard, was fired by the Sheriff's Merit Commission of Kane County, Illinois (Commission). A copy of that decision was mailed to her on May 23, 2003. She filed for review by a Kane County trial court on …
Article • May 15, 2007
CA Prisoner Properly Convicted of Conspiracy to Furnish Controlled Substance to a Prisoner by Deandre Lee was convicted of conspiracy to furnish a controlled substance to a prisoner under Cal. Pen. Code 4573.9 after his wife was caught trying to deliver drugs and tobacco to him in a California prison. …
Article • May 15, 2007
Filed under: Classification, Transfers
PA Pre-Trial Detainee's Transfer to State Prison Held Unconstitutional by After several guards were stabbed, a number of pre-trial detainees were transferred from a Pennsylvania county jail to a state prison. They didn't receive notice or a hearing before their transfers, and conditions at the prison were much harsher than …
Article • May 15, 2007
Filed under: Medical
Jail Has No Duty to Warn of MRSA by A Los Angeles County jury entered a verdict in favor of the County in a lawsuit filed by a contractor who alleged he had a right to be advised of possible infection of Methicillin Resistant Stop Aureaus (MRSA). Herman Tubbs, 62, …
$106,500 Awarded to Whistle Blowing FL Jail Nurse by A jury in Palm Beach County, Florida, entered a verdict in favor of Angela Wilson, who claimed that she was fired as an employee of the Palm Beach County Health Department for revealing illegal activities at her job. Wilson, who was …
9th Circuit Reversed SJ for Non-Exhaustion by In an unpublished opinion, the Ninth Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials for a prisoner's purported non-exhaustion. Nevada prisoner John Auer brought suit, alleging excessive force, retaliation and denial of access to the courts …
Article • May 15, 2007
$380 Awarded for fall from NYDCS Transport Van by A New York State court held that the New York Department of Correctional Services (DCS) was liable for injuries a prisoner sustained when he fell from a transport van. Finding minimal, superficial damages, the court awarded $380. On February 21, 2001, …
Article • May 15, 2007
Filed under: Mail, Legal Mail
Isolated Incident of Legal Mail Tampering and Access to Deputy Sheriff not Clear Right for Injunctive Relief by Isolated Incident of Legal Mail Tampering and Access to Deputy Sheriff not Clear Right for Injunctive Relief Florida's Fourth District Court of Appeal has reversed an Okeechobee County Judge's order granting two …
Article • May 15, 2007
Ga. County Not Liable for Sheriff's Policies by Georgia's First Division Court of Appeals has affirmed the dismissal of claims against Dekalb County in the murder of Sheriff-elect Derwin Brown. The matter was before the appellate court after the lower court grated Dekalb County summary judgment. When Brown's widow's interlocutory …
FBI Not Liable for Wrongful Incarceration of Federal Prisoner for Eight Years by The United States Court of Appeals for the First Circuit dismissed former federal prisoner Frank Boldoc's civil rights complaint for eight years of wrongful incarceration. Boldoc and another former federal prisoner, Francis Larkin, filed this claim under …
Article • May 15, 2007
Release of Police Personnel Files Not Due Process Violation by Police officer Andre Dyer's federal civil rights judgment for due process violations against the City of Little Rock was reversed by the Eighth Circuit Court of Appeals. Dyer and another officer, Jerry Hart, alleged that the city had violated their …
Article • May 15, 2007
Filed under: Mental Health, Suicides
Prisoner Suicide Federal Civil Rights Lawsuit Settled for Deliberate Indifference by Prisoner Suicide Federal Civil Rights Lawsuit Settled for Deliberate Indifference A federal district court in Maine has dismissed claims of deliberate indifference against two Somerset County Deputy Sheriffs in a lawsuit filed by Mary Martin, personal representative of the …
Article • May 15, 2007
Prison Employees Clearing Security Constitutes Paid Work Time by The Maryland Court of Appeals upheld an Administrative Law Judge's decision that the state prison could not force employees to use personal leave time to undergo searches while entering and leaving prison property. Kathleen Palmer and other employees of the Eastern …
Montana State Prisoner Not Entitled to Disability And Rehabilitation Benefits While Incarcerated by Montana State Prisoner Not Entitled to Disability And Rehabilitation Benefits While Incarcerated The Montana Supreme Court held on appeal from the Workers' Compensation Court that state prisoner Gary Quigg was not entitled to disability benefits while performing …
Article • May 15, 2007
Prisoner Denied Workers' Compensation for Injury In State Community Job by The Missouri Court of Appeals affirmed the denial of state prisoner Weldon Richard's workers' compensation claim for a fall he suffered while trimming trees in a community prison job. Richard filed a claim for benefits with the State Labor …
Article • May 15, 2007
State Appointment and Compensation of Attorneys in Federal Action Upheld by The United States Court of Appeals for the Seventh Circuit held that legal counsel appointed in Illinois state court were legally appointed in state court and compensated by state court order in a federal civil rights action. Joan Schmude, …
Article • May 15, 2007
$10,000 Awarded In New York Prisoner Work Injury Suit by In 2000 the New York Court of Claims awarded $10,000 in damages to a prisoner who cut his finger off while using a band saw at Woodbourne Correctional Facility in New York on February 7, 1996. He worked in the …
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