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Alabama Guard Wins $205,000 in Sexual Harassment Suit by Mark Dempsey, a guard at an Alabama state prison, complained that his supervisor, Jim Gates was sexually harassing him. Gates, among other things, had made inappropriate homosexual remarks and jabbed Dempsey in the anal area with his nightstick. They met with …
Article • July 15, 2008
New York DOC Settles Guard's Religious Observance Suit for $50,000 by Abdul Haqq, a New York state Department of Correctional Services (DOC) guard and devout Muslim, was ordered to stop wearing his kufi (small close-fitting skullcap) at work. He filed suit in federal district court, alleging that the same violated …
Article • July 15, 2008
Texas Juvenile Justice Whistleblower Settles for $175,000 by On the eve of trial Bowie County, Texas and Bowie County Juvenile Center (BCJC) employee Bruce Ballou agreed to pay former BCJC employee Karen Foster $175,000 to settle her whistleblower complaint in federal court. The action was filed by Karen Foster, a …
Rikers Island Guard Awarded $1 Million For Sexual Harassment By His Captain by Rikers Island (New York) prison guard Scott Singleton brought federal action against the City of New York for civil rights violations after sexual harassment by his captain ruined his home life and separated him from his daughter. …
Article • July 15, 2008
Arizona Pre-Litigated Investigative Reports Not Subject To Disclosure Absent Compelling Grounds by The Maricopa County (Arizona) Adult Probation Department (Department) appealed the court-ordered production of investigatory files concerning the requestor's disciplinary action. The appellate production order was vacated. Department employee Frederic London was suspended for alleged misconduct in 2000 pending …
Nevada Prisoner Health Care So Atrocious, Prisoners Volunteer for Execution to Avoid Suffering by David Reutter by David M. Reutter “It is my opinion that the medical care provided at Ely State Prison amounts to the grossest possible medical malpractice, and the most shocking and callous disregard for human life …
33,000 California Prisoners May Need Credits Recalculated Due To Retroactive State Court Decisions by John Dannenberg by John E. Dannenberg Three recent California court decisions interpreting California’s sentencing laws have spawned a need for the California Department of Corrections and Rehabilitation (CDCR) to recalculate the release dates of an estimated …
Article • June 15, 2008
Maryland Settles Suit Over Guard Wearing Dreadlocks by On 05-24-04, Maryland settled a suit brought by a prison guard who was disciplined for failing to cut his dreadlocks. Jonathan Booth was a 35-year old, married, black Maryland prison guard when he was ordered to cut his dreadlocks. Booth, who is …
Article • June 15, 2008
MI FOIA Didn’t Require Disclosure of Documents for Jail Guards’ Disciplinary Proceedings; ERKA Might by The Deputy Sheriffs’ union (Union) requested reports on which the Kent County Sheriff (Sheriff) based disciplinary decisions against two jailers, pursuant to the state Freedom of Information Act (FOIA), Mich. Comp. Laws § 15.231 et …
Article • May 15, 2008
Virginia Policy Prohibiting Staff From Marrying Prisoners Upheld by The plaintiff prison guard married a convicted felon, the father of her child, and resigned under pressure in light of the prison system's anti-fraternization policy. (The man was convicted and incarcerated after he fathered the child but before they got married.) …
Article • May 15, 2008 • from PLN May, 2008
Wrongful Termination of Georgia Jail Guards by New Sheriff Settles for $7 Million by A $7 million settlement has been reached between the sheriff of Georgia?s Clayton County and 34 employees he fired on his first day in office. The employees alleged they were discriminated against based on their race …
Article • May 15, 2008
Voluntarily Ceasing Challenged Activity Doesn't Moot Case by Voluntary cessation of illegal activity does not moot a case. At 202: A case may nevertheless be moot if the defendant can demonstrate that: "(1) it can be said with assurance that there is no reasonable expectation ... that the alleged violation …
Ohio Prison Employee Loses Suit Over Supervisor Bugging Her Desk by The plaintiff civilian employee found a microphone by her desk; her supervisor admitted he had bugged her because he thought there were racial problems in the office. He was suspended; nothing happened to her. She had no claim against …
Washington Guard Settles Sex Discrimination Suit for $734,900 by Lenna Bradley, a Washington state Department of Corrections (DOC) guard, sued the state in state court after the DOC did nothing to remedy the sexual harassment she was subjected to by other guards. After she filed suit she was harassed by …
Immunity for Warden in Hiring Decision by The defendant warden was entitled to qualified immunity for departing from the usual hiring practice (i.e., preferring in-house candidates to those from other prisons) in filling a lieutenant's position in order to increase the amount of minority representation in such jobs at the …
Multiple Sclerosis Not Covered by ADA by The multiple sclerosis of the plaintiff, a former corrections investigator, was not a disability under the Americans with Disabilities Act, since it precluded him only from performing his own job and not a broad class of jobs, and the defendants were therefore not …
Alabama Female Guards Title VII Suit over Masturbating Prisoners Dismissed by Female prison guards employed in a male prison sued under Title VII, alleging that they had been subjected to a hostile work environment as a result of the "egregious acts" of the prisoners, condoned by the plaintiffs' superiors. (One …
Fired California Guard’s Termination Suit Reinstated by Fired California Guard's Termination Suit Reinstated The plaintiff jailer was terminated for excessive force and mistreatment of women and minority prisoners without being allowed to see the documents on which the decision was based. He was reinstated by a state court with back …
Article • February 15, 2008 • from PLN February, 2008
Arizona Prison Guard Awarded $750,000 for False Sexual Misconduct Allegations by On March 26, 2007, an Arizona jury awarded $750,000 to an Arizona prison guard who claimed a state investigator knowingly withheld evidence exonerating him of alleged malfeasance and sexual misconduct. A female state prisoner accused the plaintiff, a 31-year-old …
First Circuit Upholds $500,000 Award for Whistle-Blowing Boston Guard by Matthew Clarke by Matthew T. Clarke On March 29, 2005, the First Circuit Court of Appeals upheld a $500,000 jury award in favor of a former guard at a Boston jail who was harassed by fellow guards after he reported …
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