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Article • May 15, 2007
Guard's Drug Test Constitutional by The U.S. Eighth Circuit Court of Appeals affirmed with modification a federal district court's grant of summary judgment and dismissal to municipal defendants who fired a guard who had failed a random drug test. Eugene Booker was a guard at the Medium Security Institution (MSI) …
Constructive Dismissal Defeats Summary Judgment in MA Whistle Blower Suit by A Massachusetts Federal District Court denied summary judgment to Suffolk County in a guard's 42 U.S.C.§ 1933 action alleging he was forced to quit because he broke a "code of silence" when he reported a fellow guard's misconduct. The …
Municipalities Must Have Unconstitutional Policy To Be Liable Under §1983 by Municipalities Must Have Unconstitutional Policy To Be Liable Under §1983 The U.S. Supreme Court held that the city of St. Louis was not liable in an employee's §1983 action because the employee had not shown the alleged violation was …
Article • May 15, 2007
Enlisted Military Personnel Cannot Sue Superior Officers for Constitutional Violations by Enlisted Military Personnel Cannot Sue Superior Officers for Constitutional Violations The United States Supreme Court has held that enlisted military personnel may not maintain a Bivens suit to recover damages from a superior officer for alleged constitutional violations. The …
$975,000 Paid in Michigan Guards Wrongful Discharge Suit by In January 1996, Michigan prison guard James E. Legrow saw a paroled prisoner and three guards in a bar, which violated the parolee's conditions of parole and prison rules against fraternization with prison guards. Because the guards were friends of the …
Article • May 15, 2007
$7,500 Paid to Washington DOC Employee for Negligent Investigation, Defamation, and Invasion of Privacy by $7,500 Paid to Washington DOC Employee for Negligent Investigation, Defamation, and Invasion of Privacy While employed as the Correctional Mental Health Program Manager at the Washington State Penitentiary, Daniel C. Assink was accused in an …
Article • May 15, 2007
US Supreme Court Held Officials Are Qualifiedly Immune From Suit Unless They Violate Clearly Established Law by US Supreme Court Held Officials Are Qualifiedly Immune From Suit Unless They Violate Clearly Established Law The US Supreme Court held that an official's qualified immunity defense depends upon the objective reasonableness of …
$40,000 Paid in Washington Guards' Defamation Suit by Michael and Heidi Malpass, husband and wife, worked at the Washington Corrections Center as guards in 1997. Using hearsay information provided by WCC staff members, Lt. Waller compiled a list of eleven names of persons claimed to be involved in or associated …
$259,000 Paid in Michigan Guard's Discrimination Claim by Michigan prison guard Kenneth McIntyre, who had been employed for 7 years, had lifting restrictions due to congenital spinal bifida. An MRI disclosed he developed bulging discs and had his lifting restrictions changed from 50 to 20 pounds. The State said he …
Article • May 15, 2007
$402,000 Paid in Oregon Guard's Discrimination Suit by Oregon prison guard Bruce Anglin, 37, was awarded $402,000 after an 8-day jury trial on his claim that the Oregon Department of Corrections failed to reinstate him to available and suitable work and discriminated on the basis of disability in 1997. Anglin …
Warden Denied Qualified Immunity in Guard's Race Discrimination Suit by The U.S. Sixth Circuit Court of Appeals dismissed an interlocutory appeal from a district court's denial of summary judgment to an Ohio prison warden. Richard Parks was a guard at Warren Correctional Institution (WCI), where Anthony Brigano was warden. Parks …
Social Security Application Claims Estop Fired Jailer's ADA Claims by The U .S. Seventh Circuit Court of Appeals, affirming the U.S. District Court for the Northern District of Indiana, held that a former jail guard's claim, brought under the Americans with Disabilities Act (ADA) that he was terminated because he …
Public Sector Employee's § 1983 Equal Protection Claim Allowed Without Pleading Title VII Claim by Public Sector Employee's § 1983 Equal Protection Claim Allowed Without Pleading Title VII Claim The Fourth Circuit Court of Appeals has held a guard's 42 U.S.C. § 1983 action alleging religious discrimination was not barred …
Jail Employees Privacy Protection Suit Denied by by John E. Dannenberg King County, WA jail employees sued Arthur Wallenstein, Director of King County's jails, Jail Commander Michael Graber, the City of Seattle and King County for releasing the employees' names in a report describing their participation in restraining an unruly …
Article • May 15, 2007
$210,000 Awarded Indiana Guard for Retaliation by Supervisors by An Indiana federal jury awarded guard Nancy Spiegla $210,000 in a lawsuit alleging retaliation for her protected speech rights. Spiegla had worked at Indiana's Westville Correctional Facility since 1985. She was known as a stickler for applying rules, and for years …
California: Guard Hit by Contractor Awarded $405,242 for Knee Injury by On December 22, 2000, a California superior court awarded a prison guard $405,242 for a knee injury he sustained when he was hit by a prison contractor's vehicle. On February 4, 1999, plaintiff Steven Churchill was working as a …
Iowa Jail Employee's Whistleblower Jury Award Reduced to $258,027 by Matthew Clarke by Matthew T. Clarke On December 31, 2003, a federal judge in Iowa reduced a whistle-blowing former assistant jail administrator's $250,000 jury award for emotional distress to $130,000 while letting stand the remaining award of $128,027 for lost …
WA Mail Theft Whistleblower's Emotional Distress Award Vacated by A Washington Appeals Court reversed a jury's award of $4,891 for emotional distress in favor of a Washington Department of Correction's employee and dismissed the case. The employee had reported to supervisors that theft of money from prisoner's mail was occurring. …
Article • May 15, 2007
$3,000 Tort Claim Awarded In Washington Employee Disability Suit by In 1998 the Washington State Department of Corrections settled a tort claim with James D. Burns a prison guard at the Washington Corrections Center in Shelton for $3,000. In 1994 Burns had a portion of his left foot removed due …
$3,500 Paid in WA Guard's Sexual/Martial Harassment Suit by Marvin Price-Haberman was a guard at the Washington Corrections Center. In January 1994, she filed a sexual harassment complaint. Thereafter, she was subjected to retaliation. A lawsuit filed by Price-Haberman and her husband Robert Haberman, also a guard, alleged they were …
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