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Article • May 15, 2007
Arbitrator Cannot Override Rhode Island DOC Director's Discipline of Guard by The Rhode Island Supreme Court held the Director of the Department of Corrections (DOC) has the ultimate authority to impose discipline on guards and such authority cannot be overridden by an arbitrator. Guard Thomas Ryan was assigned to watch …
Oklahoma: Attacked Employee's Psychological Treatment Claim Compensable by The Supreme Court of Oklahoma held that an employee of a contract health care provider who was stabbed by a prisoner had a compensable psychological injury claim. Sandra Shivel, an employee of Wexford Health Sources (WHS), was attacked and physically injured by …
Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity by Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity The U.S. Northern District Court of Texas determined that a private operator of a state prison was not entitled to 11th Amendment and sovereign immunity. Cynthia Proctor, …
Public Employee Granted Access to Information in Personnel File by In a §1983 action, an Oregon DOC guard brought suit alleging racial discrimination. A federal district court in Oregon held that a guard is entitled to information contained in his personnel file to pursue a discrimination suit against his employer. …
Fired California Prison Guards Awarded $410,000 for Retaliation by On September 29, 1998, a California jury awarded $410,000 to two state prison guards for their retaliatory firing and ordered them reinstated to their previous positions. Plaintiffs, Bonita Weaver, a 30-year-old black female, and R. Keith Williams, a 23-year-old white male, …
Summary Judgment Against Fired Wackenhut Employee Reversed by The U.S. Ninth Circuit Court of Appeals, reversing a California federal district court, held that a suspended Wackenhut Corrections Corporation (WCC) employee stated a claim for retaliation and that WCC should not have prevailed on summary judgment. WCC employee John P. Elliott, …
Article • May 15, 2007
$345,000 Awarded To Gay California Prison Guard For Sexual Orientation Harassment And Discrimination by $345,000 Awarded To Gay California Prison Guard For Sexual Orientation Harassment And Discrimination A gay California prison guard sued the California Department of Corrections (CDC) for on-the-job sexual orientation discrimination and harassment he had suffered at …
Public Defender's Party Association Protected Activity by The U.S. Supreme Court has held that a public defender who is satisfactorily performing his job may not be terminated based upon political party affiliation. This action was brought by two assistant public defenders in Rockland County, New York who were issued termination …
Ionscan Test Reasonable Cause to Require Urinalysis Test by Florida's Fourth District Court of Appeals held that reasonable suspicion of use of drugs existed to require a Florida Department of Corrections (FDOC) guard to submit to a urinalysis test. This action is an appeal of a final order of the …
Article • May 15, 2007
City Officials Not Immune From Liability by The U.S. Supreme Court has ruled that neither a municipality nor its officers acting in their official capacity are immune from liability under 42 U.S.C. § 1983. Responding to information uncovered in an investigation, the Independence, MO city council recommended the information be …
Article • May 15, 2007
Prison Nurse's First Amendment Suit Struck Down by Summary Judgment by The U.S. Sixth Circuit Court of Appeals upheld an Ohio federal district court's award of summary judgment against a former prison nurse who charged that Ohio Department of Rehabilitation and Corrections (DORC) officials retaliated against her for exercising her …
Fact Issues Preclude Summary Judgment Of Iowa Guard's State, Federal Claims by The United States District Court for the Southern District of Iowa held that issues of material fact precluded summary judgment of a former jail guard's action under state law and 42 U.S.C. § 1983 against his former employer. …
Article • May 15, 2007
$24,000 Settlement Recommended for Disabled Los Angeles Probation Officer by On March 10, 2005, the General Litigation Division for Los Angeles County, California, recommended settling a disabled county probation officer's lawsuit for $24,000. The suit alleged physical discrimination and retaliation. Gregory Miller, a probation officer for the Los Angeles County …
$24,000 Paid in WA Disability Termination Suit by Thomas J. Miller, a visually impaired individually applied for, was interviewed, and hired by Second Chance, a non-profit organization that is a Washington DOC Contractor, to be an on-call supervisor. Bruce Kuennan, Second Chance Director, told Miller that the Washington DOC would …
IL DOC is Not a Joint Public Employer by The Illinois Department of Corrections (DOC) farms out its prisoner-medical-services to subcontractors such as Wexford Health Sources, Inc. (Wexford). During an unfair labor practices case before the State Labor Relations Board (Board), the American Federation of State, County and Municipal Employees …
TX Private Prison Guard Can't Sue Under § 1983 For Bogus Employment Termination by TX Private Prison Guard Can't Sue Under § 1983 For Bogus Employment Termination Harold Cornish was employed as a guard at a Texas private prison owned and operated by Correctional Services Corp. (CSC). He blew the …
Title VII Suit Dismissed for Lack of Exhaustion by The plaintiff's Title VII hostile work environment claim is dismissed for nonexhaustion because he didn't include it in his EEOC charge and it is not "reasonably related" to the claims he did assert. At 1100: "Pro se plaintiffs must strictly comply …
Job Discrimination Due to Disability from Hepatitis-C Treatment Violates California Worker's Rights by Job Discrimination Due to Disability from Hepatitis-C Treatment Violates California Worker's Rights by John E. Dannenberg A California Department of Corrections and Rehabilitation (CDCR) stationary (plant maintenance) engineer who suffered from Hepatitis-C (HCV) sued for disability discrimination …
Article • May 15, 2007
Requesting Party May Be Required to Pay Discovery Copying Costs by An African-American state trooper alleged employment discrimination. The magistrate judge should not have required defendants to produce photocopies of five years worth of personnel files of other officers; it was sufficient to produce two years' worth for review. Rule …
Article • May 15, 2007
Ohio Court Certifies Guard Gender Discrimination Class Action by Plaintiff female correction officers sued for gender discrimination and sought both injunctive relief and damages. The court certifies the class for injunctive relief but not for damages, rejecting the rule prevailing in other circuits that if other than "incidental" damages are …
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