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New York Guard Awarded $120,000 for Hostile Work Environment From Racial Discrimination by New York Guard Awarded $120,000 for Hostile Work Environment From Racial Discrimination A New York federal jury has awarded a guard $120,000 in his claim that fellow guards created a hostile work environment for him because he …
Factual Issues Preclude Summary Judgment on Eighth Amendment, ADA Claims by A U.S. district court dismissed a .prisoner's First Amendment and retaliation claims but held that summary judgment of his Eighth Amendment and ADA claims was precluded by remaining issues of fact. A Michigan state prisoner brought §1983 action against …
Illinois Prisoner's Suit Dismissal Affirmed, Strike Reversed by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court, Central District of Illinois, held that state prison rules did not create a liberty interest in minimum-security and work-release placement and Illinois law did not create a reasonable expectation of …
Article • May 15, 2007
Pro Se Complaints Held to Less Stringent Standards by The Supreme Court held that pro se complaints are to be held to less stringent standards than formal pleadings drafted by lawyers. Francis Haines, an Illinois state prisoner, filed suit under 42 U.S.C. § 1983, against Illinois prison officials, seeking damages …
Habeas Granted for Failing to Present Witness Testimony at Disciplinary Hearing by Habeas Granted for Failing to Present Witness Testimony at Disciplinary Hearing The Seventh Circuit Court of Appeals has held that a prisoner is entitled to have live testimony presented at a prison disciplinary hearing, and prison officials' refusal …
Article • May 15, 2007
$12,000 Paid in D.C. Prisoner's Beating by Guard by Jeffrey Jones was arrested for disorderly conduct in the District of Columbia. A prison guard beat him and hung him on the wall by his shorts for no reason. Jones sustained a broken jaw and broken ribs, and when he was …
Article • May 15, 2007
$16,000 Paid in Excessive Force Use on Missouri Prisoner by While a prisoner at Missouri's Jackson County Prison, guards manacled 24-year-old Neil Houston to a bed for several days while he was stripped naked. His complaint for cruel and unusual punishment also alleged guards used excessive force when they entered …
Article • May 15, 2007
$28,500 Paid in Florida Jail Prisoner's Medical Negligence Claim by On October 13, 1986, Neal D. Braude cut open his little finger on his right hand at the Florida Dade County Jail. Jail personnel failed to treat the injury. The hand eventually became infected and required three surgical procedures that …
Article • May 15, 2007
$35,000 Paid to Florida Jail Nurse for Assault by On November 12, 1988, while employed as a nurse at Florida's Palm Beach County Jail, Ella Donald was assaulted by a prisoner on suicide watch after a guard opened the prisoner's cell. The prisoner charged through the door, striking Donald. She …
Article • May 15, 2007
$37,500 Paid in Washington for Guard's Sexual Harassment by In May 1998, Stacey Green was allowed to enter the 120-day Work Ethic Camp at Washington's McNeil Island Correctional Center. Upon completion of the camp she was to be released from her two-year sentence. While at the camp, guard Eric Zoot …
Article • May 15, 2007
US Supreme Court Holds That There Is No Interlocutory Appeals on Municipal Liability by US Supreme Court Holds That There Is No Interlocutory Appeals on Municipal Liability The US Supreme Court held that Municipalities are not qualifiedly immune from suit, and that the appellate courts do not have authority to …
Article • May 15, 2007
Supreme Court Issues Test for Prison Rules by In response to a class action suit filed by prisoners, the U.S. Supreme Court ruled that a Missouri prison's mail regulations were constitutionally valid, but its policy of not allowing prisoner marriages without the warden's approval was not. The Court also established, …
Article • May 15, 2007
Stun Belt Allowed in Criminal Trial by A federal district court in the District of Columbia overruled a murder defendant's objection over being forced to wear a stun belt during his trial. The court set forth a series of factors to be weighed in deciding whether the defendant should be …
Article • May 15, 2007
US Supreme Court Held Plaintiff Must Inform Himself Of His Legal/Medical Rights; Defines When Claim Accrues by US Supreme Court Held Plaintiff Must Inform Himself Of His Legal/Medical Rights; Defines When Claim Accrues The US Supreme Court held that any claim against the United States in a Federal Tort Claims …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
$100.00 Settlement In WA Mail Censorship Suit by In 1999 Jeffrey M. Dehut a prisoner at the Airway Heights Correctional Center (AHCC), in Washington State had a "holy bible lesson plan and sermon on tape," rejected from the AHCC mail room because it was not purchased byhim. Dehut appealed the …
Local Rules Govern Appointment of Counsel in FOIA Case by The court of appeals for the District of Columbia circuit held that a local rule, not 28 U.S.C. § 1915(e)(1) governed the appointment of counsel in a Freedom of Information Act suit brought by a federal prisoner seeking records from …
New York County and Sheriff Liable For Illegal Strip/Body Cavity Search by A New York woman filed suit under 42 U.S.C. § 1983 after being arrested on misdemeanor charges and subjected to a strip/body cavity search at the jail. A U.S. district court granted Respondents' motion for summary judgment, 630 …
Article • May 15, 2007
US Supreme Court Held That Statutes Can Be Challenged Before Enforcement by The U.S. Supreme Court held that under the First Amendment plaintiffs have standing to mount pre-enforcement challenges to statutes and policies. The US Supreme Court's decision on a Virginia statute previously challenged in the Fourth Circuit by American …
Article • May 15, 2007
Seizure of MO Escapee's Prison Account Upheld by The Missouri Court of Appeals upheld the confiscation of a state prisoner's trust fund account after he escaped from work release and remained at large for a month. The defendant prison officials claimed he abandoned the funds when he escaped. The trial …
Article • May 15, 2007
$321.58 Settlement In WA Mail Censorship Suit by In 1998 Lonnie L. Burton a prisoner at the-Airway Heights Correctional Facility (AHCC)in Washington, received five "offender mail rejections" from the AHCC mail room. He appealed the mail rejection to the Director, Division of Prisons within ten days of the rejection as …
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