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$130,000 Settlement In Prison Employee Harassment Suit by In 1999, Thomas G. Bailor, filed a law suit against the Delaware Correctional Center MC, after he was forced to quit his job as an internal affairs investigator, for filing a report accusing prison guards of misconduct. Bailor, was investigating charges that …
Article • May 15, 2007
$98,500 Settlement In Jail Negligence Suit Prisoner Beating by Darrin Rvdberg, filed a civil law suit in 1997, against the Nassau County Correctional Center (jail), for 3 million dollars in damages for the jail's negligence in failing to protect him from being assaulted by another prisoner (Porter), while Rydberg was …
$450 Award in Prisoner Wrongful Keeplock Suit by $450 Award In Prisoner Wrongful Keeplock Suit Ignacio Rosado, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him on "keeplock" status for 7-days. In 1999, a prison guard told Rosado …
Article • May 15, 2007
Sending State Must Provide Transferred Prisoner Legal Assistance by The First Circuit Court of Appeals held that prisoners transferred from the State of Maine to a Leavenworth, Kansas prison are entitled to receive legal assistance from Maine. After being transferred from Maine State Prison to a federal prison in Leavenworth …
Article • May 15, 2007
Government Estopped From Re-arresting Wrongfully Paroled Prisoner by The Ninth Circuit Court of Appeals held that the U.S. Government could not re-arrest and detain a parolee it had released despite the parolee being sentenced to a non-parolable sentence. The parolee was sentenced to 15 years for importing marijuana and engaging …
Article • May 15, 2007
Use of Chemical Agents Not Per Se Unconstitutional by The Seventh Circuit Court of Appeals held that prison officials may use mace, tear gas, or chemical agents on prisoners when reasonably necessary to prevent riots or escapes or subdue recalcitrant prisoners. The class action suit filed by Wisconsin prisoner's alleged …
Article • May 15, 2007
Tear Gassing of VA Prisoner Requires Trial by The Fourth Circuit Court of Appeals held that material facts were in dispute in a Virginia prisoner's suit alleging guards willfully and maliciously fired a tear gas device in his face at point blank range that their action was punitive and not …
$500 Paid in WA Racial Segregation Suit by Muhammad Shabazz Farrakhan and a group of black prisoners at the Washington State Penitentiary in Walla Walla, Washington filed a 42 U.S.C. § 1983 alleging racial discrimination in housing assignments. Farrakhan alleged prisoners were given race cards and each racial group, Whites, …
Article • May 15, 2007
$204,472 Paid in WA Sexual Harassment Suit by Lois Elber, a Mental Health Unit Supervisor at the Special Offender Center in Monroe, filed a 42 U.S.C. § 1983 action alleging she was the victim of sexual harassment by Washington Department of Corrections employees Fred Wood and Jerry Minaker. Minaker inappropriately …
Article • May 15, 2007
$4,435 Paid in WA Riot Injuries by Carnell Garden, a prisoner at Washington's McNeil Island State Prison, filed a state tort suit alleging inadequate supervision that resulted in a race riot in September 1992, which caused him unspecified injuries. His complaint also alleged he was denied adequate and timely medical …
$2,632 Paid in WA Riot Caused Damages by James L. Cobb, a prisoner at Washington's McNeil Island State Prison, filed a state tort suit alleging inadequate supervision that resulted in a race riot which caused him unspecified injuries in September 1992. His suit also alleged he was denied adequate and …
Article • May 15, 2007
Slow, Incompetent Investigation Causing Over Detention Not Deliberate Indifference by The Third Circuit Court of Appeals held a parole board' s misinterpretation of a sentencing court's order and a slow investigation into the order's meaning did not exhibit deliberate indifference. The plaintiff, a former prisoner of the Philadelphia County Prison, …
Article • May 15, 2007
Third Circuit Sets Standard for Juvenile Detainee Failure to Protect Claims by The Third Circuit Court of Appeals held that failure-to-protect claims against a juvenile detention center and its staff were properly analyzed under the deliberate indifference standard. The court also held that issues of fact precluded summary judgment for …
$21,213.76 in Fees/Costs Awarded for Discovery Sanctions by NY jail Officials by $21,213.76 in Fees/Costs Awarded for Discovery Sanctions by NY jail Officials A federal court in New York awarded $20,950 in fees and $263.76 in costs as a sanction against jail officials related to discovery violations. Gary Smith, a …
Article • May 15, 2007
Strip Search Jury Instruction Held Invalid; New Trial Ordered by by Bob Williams Finding the jury instruction definition of strip search" too narrow, the United States Court of Appeals for the First Circuit reversed a jury's finding that a state jail prisoner's strip search was not unconstitutional. Geoffrey Wood was …
Article • May 15, 2007
Alabama Prisoners Assault and Battery Fails After Guard Given Immunity by An Alabama Civil Appeals Court has held that a prisoner submitted sufficient evidence to survive summary judgment on one claim of assault and battery by a guard, but affirmed dismissal of the remaining assault and property deprivation claims. The …
Article • May 15, 2007
Eleventh Circuit Holds RLUIPA Constitutional by David Reutter By David M. Reutter The Eleventh Circuit Court of Appeals has held the Religious Land Use and Institutionalized Persons Act (RLUIPA) does not violate either the Spending Clause, the Establishment Clause, or the Tenth Amendment of the U.S. Constitution. Georgia Prisoner Ralph …
Article • May 15, 2007
Filed under: Mental Health, Suicides
Sheriff Deliberately Indifferent to Detainee Suicide Risk by The Eighth Circuit Court of Appeals held that Bennett County, South Dakota, Sheriff Russell Waterbury was deliberately indifferent to the known suicide risk of a jail detainee. In October, 2001, Bill Turney was arrested on an outstanding warrant and lodged in the …
Sixth Circuit Orders Evidentiary Hearing in § 2255 Action; BOP Guard Gets 262 Months for Prisoner Rapes by Sixth Circuit Orders Evidentiary Hearing in § 2255 Action; BOP Guard Gets 262 Months for Prisoner Rapes The Sixth Circuit Court of Appeals vacated a lower court's denial of a federal prisoner's …
Negligence Claim Stated in Florida Jail Prisoner's Suicide by The Eleventh Circuit Court of Appeal has upheld a Florida district court's grant of judgment as a matter of law on a claim of deliberate indifference to medical needs and a state tort claim of negligent supervision, training, and management in …
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