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Federal Prisoner's Retaliation and Pain Suit Reinstated by John Dasta, a federal prisoner in Minnesota, sued prison administrators and a guard in federal district court, claiming they were deliberately indifferent to his painful back condition, and that they retaliated against him for filing grievances, in violation of the 8th Amendment …
Article • May 15, 2007
Dead Illinois Prisoner's Representative Filed Suit Too Late by Michael Shannon, an Illinois state prisoner, learned that he had stomach cancer on December 22, 1997. He knew then that an earlier diagnosis of cirrhosis of the liver was incorrect, and that he was suffering injury as a result. He later …
CA Officials Immune from False Arrest Suits by In June of 2002, Lenin Perez-Torres was arrested by federal agents and taken to the Los Angeles County Jail for parole violations. Unfortunately he was the wrong man. After 25 days jailers caught the mistake and released him. He joined a federal …
Article • May 15, 2007
Filed under: Medical, Kidney
CA Prisoner's Allegation of Several Months Delay in Treating His Kidney Stones States 8th Amendment by CA Prisoner's Allegation of Several Months Delay in Treating His Kidney Stones States 8th Amendment Claim Juan Portillo, a California state prisoner, was for several months denied pain medication and treatment for kidney stones …
Ex California Female Guards Subjected to Sexual Harassment, Retaliation by Edna Miller and Frances Mackey (plaintiffs), former California Department of Corrections (DOC) guards, were forced to work in a sexually hostile environment at the Valley State Prison for Women due to sexual relationships between the warden, Lewis Kuykendall, and several …
Florida Sexual Predators Act Upheld by Everett Milks, a Florida sex offender, challenged Florida's Sexual Predators Act (Act) in Florida's Second District Court of Appeals (2nd Dist.). He claimed the Act's requirement that he register as a sex offender without a hearing to decide if he was dangerous violated his …
Article • May 15, 2007
MN Prison Medical Consent Decree Still Active by In 1977 the U.S. District Court for the District of Minnesota issued a consent decree setting guidelines for the medical care provided to Minnesota state prisoners. In 2002, in response to the prisoners' pro se contempt motions, the State Department of Corrections …
Article • May 15, 2007
Missouri DNA Profiling Program Expanded by In July of 2000, John Clevenger, a Missouri state prisoner serving time for attempted murder, was directed to provide a blood sample for DNA profiling. He complied. Later, he learned that MO. Rev. Stat. § 650.055 allowed the taking of blood only from violent …
Article • May 15, 2007
Missouri Mental Health Records Must Be Disclosed by The Missouri Protection and Advocacy Services (MOPAS) requested medical peer review reports from Missouri Department of Mental Health Director Dorn Schuffman following a patient's death. Missouri law rendered the report confidential, but the federal Protection and Advocacy for Mentally Ill Individuals Act …
Article • May 15, 2007
NY Public Defenders' Pay Kept Low by Leonard Levenson and the other defendants in this case were New York criminal defense lawyers taking cases on appointment. 22 NYCRR § 722-b capped their fee at $800 for misdemeanors and $1,200 for felonies. But in extraordinary cases, trial courts could award more. …
Article • May 15, 2007
Texas Prisoner's Rights Not Violated by Not Allowing Him to Represent Himself at Trial for Tattooing by Texas Prisoner's Rights Not Violated by Not Allowing Him to Represent Himself at Trial for Tattooing Fellow Prisoner On March 3, 2002, Timothy Worstell, a Texas State prisoner, forcibly tattooed the words child …
Washington Guard Fails to Establish Employer Retaliation by Lonnie Earles was a guard at the Washington Corrections Center (WCC) near the town of Shelton. In 1994 he settled an employment discrimination suit with the State Department of Corrections (DOC). Over the next several years Earles was transferred from one position …
$50.00 Awarded in Due Process Violation by On March 31, 1993, two home-made knives were found in the crack of the wall of Louisiana prisoner Robert Odom's Angola Penitentiary cell. After being found guilty by a disciplinary board, Odom was placed in punitive lockdown. Despite being granted a rehearing to …
$34,000 Paid in Texas Prisoners' Retaliation Claim by This case involved six Texas prisoners at the Wallace Park unit. After they filed a lawsuit to practice their Jewish religion, guards began retaliating against them. The retaliation came in the form of job changes, cell reassignments, transfers, and disciplinary action for …
Article • May 15, 2007
Filed under: Medical, Dental Care
$100,000 Awarded in Dental Negligence by Needing a lower wisdom tooth removed, Michigan prisoner Rodney Hicks reported to his prison's dentist, Zolton Campbell. Prior to making the extraction, Campbell relied on a 9-year-old x-ray for the extraction. Another film revealed Campbell removed the tooth in parts, leaving 25% of the …
$1,000 Awarded in Texas Prisoner's Retaliation Claim by While serving a life sentence at the Coffield Unit in Texas' prison system, Sonny Wilson filed a grievance in August 1996 against guard Patria Perez Lara. He claimed she would wake him up in the middle of the night, would refuse to …
Article • May 15, 2007
$5,500 Awarded in Connecticut Transport Accident by While being arrested for purse snatching, Thomas Beverly suffered severe abrasions on his knees while being apprehended. A Connecticut prison guard struck a stopped vehicle while transporting Beverly to a hospital. Beverly alleged he suffered a back injury that prevented him from permanently …
Article • May 15, 2007
$1,500 Awarded in Negligence Suit for MA Prisoner's Work Injury by $1,500 Awarded in Negligence Suit for MA Prisoners Work Injury While performing his prison job at Massachusetts' MCI Concord, Thomas Collier was instructed to clean vents in the prison's kitchen. He was given de-greaser, which he sprayed on the …
Indiana DOC Employee's 4th Amendment Rights Not Violated by Mandatory Psych Evaluation by Kristin Greenawalt, a research analyst for the Indiana Department of Corrections for two years, was suddenly required to submit to a psychological examination or lose her job. She submitted to the exam, which lasted two hours and …
Article • May 15, 2007
New York Guard's Appeal Dismissed for Lack of Hypothetical Assumption by Rene Tellier, a New York state prisoner, sued guards at the New York Metropolitan Correctional Center in federal district court for keeping him in the Special Housing Unit for one and a half years without affording him due process …
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