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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 …
Brief • August 21, 2008
Barnwell et al v. Corrections Corporation of America, KS, MiS Plf Motion, FLSA employee overtime understaffing, 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 …
Whistle-blowing California Sheriff’s Deputy Settles Retaliation Suit For $150,000 by John Dannenberg by John E. Dannenberg Butte County, California officials settled a decade-old $1.2 million lawsuit brought by a former county jail deputy who blew the whistle on a jailhouse beating of a child molester ordered by three other deputies, …
Article • August 15, 2008 • from PLN August, 2008
“Defense of Another” Not Applicable to Prison Disciplinary Defense by The Seventh Circuit Court of Appeals held that it is no defense to a prison disciplinary charge for battery that the blows were struck to prevent the further stabbing of a third person. Aaron B. Scruggs, an Indiana state prisoner, …
Spokane Jail Prisoner Murdered in Cell, County Settles Lawsuit for $180,000 by The Spokane County, Washington, Commissioner has agreed to settle a civil rights action prosecuted by the family of a prisoner who was murdered by his cellmates at the Geiger Correction Center (Geiger) in Spokane County for $180,000. In …
Article • August 15, 2008
District Judge Orders Measures To Ease New Jersey Jail Overcrowding by Prisoners in the Monmouth County Correctional Institution, a New Jersey county jail, filed suit alleging unconstitutional living conditions due to overcrowding. A district judge assigned a special master to investigate. The special master found serious overcrowding which caused problems …
Article • August 15, 2008
Eleventh Circuit Discusses Contempt Fines for Violation of Consent Decree by A consent decree ordered the state prison system to remove state prisoners from a county jail within 30 days of the state's receipt of the conviction and sentencing transcript. In response to a contempt motion, the state said it …
New York Does DOCs Double Celling Suit Dismissed by The New York State prison system's practice of double-celling at Woodbourne Correctional Facility does not violate the Eighth Amendment. There was no evidence of denial of adequate food, medical care, or clothing. Protection from Inmate Assault (627, 629): There was little …
Protective Custody Injunction Available Remedy Absent Injury by The plaintiff alleged that he was in danger from a gang he had left and that, although he is currently in protective custody, he had been repeatedly placed in general population. He sought damages and an injunction against transfer to general population. …
Article • August 15, 2008
No Federal Claim for Failing to Warn Prisoner of Tobacco Risks by The plaintiff, a South Carolina prisoner, filed suit in the District of Columbia district court against the Surgeon General of the United States, the president of the AMA, and the heads of two tobacco companies for failure to …
No Due Process Required for Nutraloaf or Plexiglas Cell Placement by Placement of the plaintiff in a cell with a Plexiglas shield and imposition of a restricted diet ("Nutriloaf") as a sanction for repeatedly throwing feces at staff did not violate the Eighth Amendment. The claim is governed by the …
Author Jack Abbott’s Snitching Cannot Prevent Transfer by On September 23, 1983, the Eighth Circuit court of appeals held that a prisoner who claimed to be in danger for having snitched on other prisoners cannot prevent his own transfer to a prison where he claimed be would be in danger …
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 …
BOP Prisoner States FTCA Claim for Carbon Monoxide Poisoning Stemming from Burning Prison by The plaintiff sustained carbon monoxide poisoning while locked down during a fire started during a riot. The Clinical Director ordered that he remain in the prison medical facility rather than be sent to a hospital. Six …
Beating, Pepper Spraying of Prisoners on Bus Ride Upheld by The plaintiff was "subdued" after protesting the treatment of another prisoner in the yard. The next day, he and other inmates were put shackled on a bus for transfer, and some of the prisoners created a disturbance on the bus. …
Jail Liable for Rape of Women Prisoners; Short Duration of Bad Conditions Okay by The two female plaintiffs were sexually assaulted by a jailer while serving 48-hour sentences for minor offenses. The jailer was subsequently fired and pled guilty to criminal charges as to one plaintiff. At 1307 n. 5: …
Youth Services International Not Liable for Child’s Rape by Cellmate by The plaintiff alleged that he was sexually assaulted by his roommate in a privately operated juvenile facility. The corporation is entitled to summary judgment in the absence of evidence of a corporate policy supporting liability. Its policy was to …
Denial of AIDS Medication, Food to Texas Jail Prisoner Upheld by The plaintiff, prescribed AZT and Crixivan, got no Crixivan for five days and then half-doses for the next 15 days. When he saw a doctor after 19 days, his dosage was promptly increased. He was not able to get …
$3 in Damages, $1,920 in Costs Awarded to Stabbed, Disabled Prisoner by The plaintiff, a paraplegic, alleged that he was assaulted and stabbed by another prisoner with staff complicity. The jury found that a defendant had conspired to violate the Eighth Amendment and awarded $1.00 nominal, $1.00 compensatory and $1.00 …
Article • August 15, 2008
Lack of Funding No Defense for Bad Prison Conditions by The defendants were held in contempt in an earlier opinion for massive violations of a consent judgment. The defendants have taken sufficient measures, mainly alleviation of crowding (which the court terms the "bad seed" of many constitutional violations) to the …
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