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Physical, Mental Suffering Resulting from Extra Duty States Claim by In this apparently novel issue in which Louisiana prisoners alleged that extra duty imposed as a punishment for violating prison rules constituted cruel and unusual punishment, the U.S. Fifth Circuit Court of Appeals held that the prisoners stated a claim …
New York Prisoner Awarded $295,000 For Knee, Ankle Injury by On July 29, 1999, a court of claims in White Plains, New York, awarded $295,000 to a prisoner who suffered knee and ankle injuries when a stack of cartons containing frozen meat fell on her. New York state prisoner Karen …
Article • May 15, 2007
Psychological Coercion Not Legal Component Of Involuntary Servitude by The U.S. Supreme Court held that the use of psychological pressure did not violate U.S. statutes prohibiting involuntary servitude. After two mentally retarded individuals were found laboring on a farm for up to 17 hours a day with no pay due …
Article • May 15, 2007
California: County Prisoner Injured Knee In Fall, Awarded $96,000 by On June 5, 1995, a jury in San Francisco County, California, awarded $96,000 to a prisoner who injured his knee in a job related fall. Plaintiff Nelson A. Portillo, 29, was serving a jail sentence at the San Francisco County …
Article • May 15, 2007
Filed under: Prison Labor, Medical, Diabetes
Texas Diabetic Prisoner Blacks Out, Guards Not Deliberately Indifferent by Michael Coleman, a diabetic Texas state prisoner, passed out while working in the fields due to a blood glucose level of 23. He sued prison medical staff in federal district court under 42 U.S.C. § 1983, claiming that they were …
Article • May 15, 2007
Filed under: Prison Labor, Organizing
Prisoners Union Cannot Hold Meetings at a State Prison by The California Supreme Court held that pursuant to California Penal Code §2600 (CPC), prisoner's union meetings held inside the prison with "outside" members and representatives present a security risk. Thus, Prison Official's refusal to allow such meetings is justified. The …
Article • May 15, 2007
Ex-Prisoners' are not a Protected Class by The Washington State Court of Appeals held that Washington's Human Rights Commissions (H.R.C.) exceeded its "statutory authority" by promulgating the Washington Administration Code (W.A.C) 162-16-060, which protects ex-prisoner's from employment discrimination. In 1987, an ex-prisoner was hired to be a shipping/receiving clerk with …
Article • May 15, 2007
New York Prisoner Awarded $6,000 For Hernia by In June 1998, a New York court of claims awarded $6,000 to a state prisoner who sustained a hernia while moving church pews as part of his work assignment. The plaintiff contended in his lawsuit that prison officials were negligent for failing …
Article • May 15, 2007
Summary Judgment For Free Exercise Of Religion Upheld: Untimely Appeal Dismissed by Summary Judgment For Free Exercise Of Religion Upheld: Untimely Appeal Dismissed Kansas state prisoner Jimmy Searles filed a Federal civil rights complaint against State Department of Corrections (DOC) personnel for allegedly violating his First Amendment right to freedom …
Article • May 15, 2007
$303,113 Verdict in Negligence Failure to Train Arizona Worker Case by While imprisoned in Arizona, James Jenkins agreed to work in the Department of Public Works Maintenance yard in Duncan. On October 9, 1996, Jenkins was instructed to take a street sweeper to a gas station. He lost control of …
$1,500 Paid in False WA DOC Disciplinary Action by Thomas B. Armstrong III, a telemarketer clerk at Washington State Penitentiary, was accused of losing a wrench and consequently was given a disciplinary report and placed in segregation. Two weeks later, he was released from segregation and the charges were dropped. …
Denial of Disciplinary Nearing Witnesses Illegal; $250 Damages Awarded by The court of appeals for the Eighth circuit held that it violates due process for prison disciplinary hearing officers to refuse to call witnesses for the hearing. District court ruled in Iowa prisoner's favor and awarded $250 in damages where …
Retaliation for Use of Grievance System Unconstitutional by The court of appeals for the Eleventh circuit held that a district court erred in dismissing an Alabama prisoner's retaliation lawsuit. The court held that a state created liberty interest in remaining at a given prison was not required when the prisoner …
Article • May 15, 2007
Washington Pays $90,000 in Roof Collapse by On April 29, 1996, Edward A. Swartz, a prisoner confined at Cedar Creek Correctional Center in Little Rock, Washington, fell through a roof while doing construction work. Swartz claims that the State of Washington and the Department of Corrections were negligent in failing …
$600 Awarded in MO Detainee's Illegal Segregation Claim by A Missouri Federal District Court, in a bench trial, held officials at the Medium Security Institution of the City of St. Louis violated a pre-trial detainee's due process rights by their custom of not distinguishing between pre-trial detainees and convicted prisoners. …
Article • May 15, 2007
Filed under: Work, Prison Labor, Sabbaths
$750 Paid in Washington Prisoner's Religious Discrimination Suit by In March and April 1999, Kenneth J. Busby, a prisoner at Washington's Airway Heights Correctional Center, worked at the Food Factory at AHCC. Bushy is a faithful practicing Muslim, which requires attendance at a weekly Friday prayer/worship service called Ju'mah. At …
Article • May 15, 2007
Limits on Prison Labor Union Constitutionally Valid by The U.S Supreme Court ruled that prison regulations limiting the activities of a prison labor union did not violate the prisoners' First and Fourteenth Amendment rights. Prisoner labor union members in the North Carolina Department of Correction filed a § 1983 action …
Article • May 15, 2007
New York State Prisoner Awarded $1,000 For Work Related Knife Injury by On June 26, 2002, a state court of claims awarded New York state prisoner Jose Santiago $1,000 for a knife injury he sustained while working in the prison butcher shop. The injury required two stitches. While working in …
Article • May 15, 2007
Filed under: Work, Prison Labor
PA Prisoner Has No Right to "Idle Pay" by PA Prisoner Has No Right to "Idle Pay" The Commonwealth of Pennsylvania Court held a prisoner does not have a property interest in receiving "idle pay." The State Correctional Institution at Frackville prisoner was provided idle pay at a rate of …
Forcing Disabled Prisoner to Work Violates Eighth Amendment by The court of appeals for the Eighth circuit held that a district court properly dismissed an Arkansas prisoner's claim that he was not properly awarded good time credits under state law. The court held the prisoner had stated an Eighth amendment …
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