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Article • January 3, 2018
$5,000 to Transgender Prisoner in Maryland Sexual Harassment Lawsuit by Lonnie Burton by Lonnie Burton On August 17, 2015, an administrative law judge in Maryland ruled that state prison officials were guilty of sexually harassing and mistreating a transgender prisoner and awarded her $5,000 in damages. The ruling was the …
Brief • January 1, 2018
Cole et al. v. Collier, TX, Settlement Agreement-Release, ADA-Rehabilitation Act Violation, 2018 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION KEITH COLE, JACKIE BRANNUM, RICHARD KING, MICHAEL DENTON, FRED WALLACE, and MARVIN RAY YATES, individually and on behalf of those similarly situated, Plaintiffs, § § § § § …
$15.000 Settles Multiple Civil Rights Complaints by Christopher Zoukis by Christopher Zoukis The Bureau of Prisons settled multiple civil rights lawsuits brought by prisoner David Y. Merritt in March 2002. Merritt, an imprisoned government informant, filed several lawsuits against the Bureau of Prisons in federal court between 1995 and 2001. …
BOP Fails and Prevails in Prison Guard Discrimination Complaint by Christopher Zoukis by Christopher Zoukis Robert T. Aranda, an "inmate systems officer" (prison guard), was a very litigious Bureau of Prisons employee. Between 1996 and 1998, while working at multiple BOP facilities in several capacities, Aranda filed at least six …
Article • December 28, 2017
$99,000 to Settle Claim Over Use of Four-Point Restraints by Christopher Zoukis by Christopher Zoukis The federal Bureau of Prisons settled a claim that alleged abusive use of "four-point" restraints in United States Penitentiary Atlanta, Georgia in the late 1990s. Three prisoners held at USP Atlanta who were subjected to …
Article • December 26, 2017
SCOTUS: IDEA Exhaustion Applies Only if Suit is Educational by The U.S. Supreme Court vacated a Federal 6th Circuit Court of Appeal’s dismissal of a civil discrimination suit filed against a public school for alleged violation of the Americans with Disabilities Act (ADA), which occurred when the defendants refused to …
Article • December 22, 2017
Willful Violation of Tennessee FOIA Occurs by Requiring Unauthorized Fees by A Tennessee state appellate court reversed a trial court’s ruling that a custodian of records’ denial of access to public records was “not willful." The court found the denial was “willful." Where the prior ruling prevented the trial court from …
Article • December 22, 2017
$19,719 to People in Prison for ADA Violations by Matthew Clarke Plaintiffs Hickman, Barber, Newman and Lane were wheelchair-bound prisoners at the Western Missouri Correctional Center where they were denied proper medical treatment and accommodations for their disabilities. In July 1994, they filed suit in federal court against the prison …
Article • December 21, 2017
Prisoner's Wrongful Death FTCA Claim Dismissed For Lack of Jurisdiction by Christopher Zoukis by Christopher Zoukis The United States District Court for the District of Maryland has dismissed a Federal Tort Claims Act (FTCA) case brought against the United States over the 2013 wrongful death of a prisoner held at …
Report Finds Texas Prison Staff Often Ignore Reports of Prison Rape by Matthew Clarke by Matthew Clarke In November 2016, the Texas Association Against Sexual Assault and the Prison Justice League (PJL) published a report on sexual assaults in Texas prisons. The report concluded that Texas has failed to stem …
Plascencia v. United States of America, ICE, et al., CA, complaint, wrongful detention, 2017 Case 5:17-cv-02515 Document 1 Filed 12/19/17 Page 1 of 28 Page ID #:1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Douglas A. Axel, (SBN 173814) daxel@sidley.com …
Article • December 14, 2017
Oregon Habeas Cognizable to Challenge Florida Confinement Under ICC by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that prisoners incarcerated in other states under the Interstate Corrections Compact (ICC) may challenge the conditions of their confinement in Oregon habeas corpus actions against Oregon prison officials. In …
Peters v. Baldwin, IL, Third Amended Complaint, Medical Neglect, 2018 Case: 1:17-cv-04809 Document#: 15 Filed: 12/14/17 Page 1 of 26 Page\D #:163 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Scott Peters. ) ) Plaintiff, ) ) V. Case No.: 1: l 7-cv-04809 ) ) Benjamin …
Article • December 13, 2017
WA: Jail Phone Conversations Not Private, May Be Used By Prosecutors by On July 25, 2016, the Washington State Court of Appeals,  Division One, held that neither a prisoner or the person on the other end of the phone have an expectation of privacy in a jail phone call and …
Article • December 11, 2017
Fifth Circuit Allows Intervention by Sierra Club in Reverse FOIA Suit by Christopher Zoukis By Christopher Zoukis The United States Court of Appeals for the Fifth Circuit has allowed Sierra Club to intervene in a reverse Freedom of Information Act (FOIA) records request lawsuit. The dispute stemmed from FOIA requests …
Article • December 11, 2017
$5,000 to Transgender Prisoner in Maryland Sexual Harassment Lawsuit by Lonnie Burton By Lonnie Burton On August 17, 2015, an administrative law judge in Maryland ruled that state prison officials were guilty of sexually harassing and mistreating a transgender prisoner and awarded her $5,000 in damages. The ruling was the …
$750 to Washington State Prisoner in Mailroom/Public Records Suit by Lonnie Burton by Lonnie Burton On September 25, 2016, the state of Washington finalized a settlement agreement with a prisoner who had sued for public records act violations and for improper prison mail rejections. The parties agreed to a $750 …
Article • December 5, 2017 • from PLN December, 2017
Federal Judge Orders Cook County to Correct Courthouse ADA Violations by Derek Gilna by Derek Gilna U.S. District Court Judge Robert W. Gettleman issued an injunction on May 2, 2017, holding the Cook County Sheriff’s Office accountable for insufficient efforts to accommodate the needs of disabled prisoners who must access …
Article • December 5, 2017 • from PLN December, 2017
Montana County Settles Suit over Prisoner’s Rape for $125,000 by In November 2016, Jefferson County, Montana agreed to pay $125,000 to settle a civil rights lawsuit filed by a prisoner who was allegedly raped in the county jail. Audemio Orozco-Ramirez was being held on immigration charges when he claimed he …
Prisoners and Disabilities: The Legal Landscape by Christopher Zoukis by Christopher Zoukis Incarceration in a state or federal prison is bad. Incarceration in a state or federal prison while disabled is much worse. Consider the numbers. According to a recent Vice.com article, 31 percent of prisoners in state facilities reported …
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