Sixth Circuit: Lethal Injection Challenge Time-Barred; Agrees Cooey II Wrongly Decided, Urges En Banc Review by The Sixth Circuit Court of Appeals affirmed the dismissal of a condemned prisoner’s challenge to Ohio’s lethal-injection protocol as time-barred under Cooey v. Strickland, 479 F.3d 412 (6th Cir. 2007) (Cooey II). The court …
Onerous Ohio Sex Offender Restrictions Drive Some Underground by Matthew Clarke by Matt Clarke Public officials in Cleveland, Ohio have noticed that some registered sex offenders are dropping out of sight. When the officials attempted to confirm the offenders’ registered addresses, they found they didn’t live there. The reason for …
Head of Ohio Juvenile Facility Fired Following Complaints of Sexual Harassment by The Ohio Department of Youth Services (ODYS) said in a May 2010 report that it had found substantial evidence to validate numerous harassment charges against Thomas Teague, an 11-year ODYS employee, which justified his immediate firing. According to …
Harmon v. Hamilton County, OH, Complaint, 2011 Case: 1:10-cv-00911-SJD Doc #: 3 Filed: 02/04/11 Page: 1 of 14 PAGEID #: 21 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CINCINNATI JOHN HARMON 2250 Endovalley Drive Cincinnati, Ohio 45244 : Case No.: 1:10-cv-911 : Judge Herman J. …
Former Ohio Prison Guard Dies Shackled to Hospital Bed by Matthew Clarke by Matt Clarke For five years, Jeff Maier, 53, was an Ohio prison guard. Then for 13 months he was an Ohio state prisoner. The change from one side of the bars to the other occurred after Maier …
Nall v. City of Painesville, OH, Complaint, Excessive Force with Taser, 2010 Case: 1:10-cv-02883 Doc #: 1 Filed: 12/21/10 1 of 12. PageID #: 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION DAVID LEE NALL, by and through his guardian and next friend, Elizabeth Goodwin, c/o David …
Sixth Circuit Reverses Summary Judgment for Dentist Who Failed to Provide Temporary Filling by Genuine issues of material fact precluded granting summary judgment to a prison dentist accused of providing deliberately indifferent dental treatment, the U.S. Court of Appeals for the Sixth Circuit found. Gregory T. McCarthy, while incarcerated at …
$4 Million Settlement in R&B Singer’s Death from Drug Withdrawal in Ohio Jail for Failure to Pay Child Support by $4 Million Settlement in R&B Singer’s Death from Drug Withdrawal in Ohio Jail for Failure to Pay Child Support A $4 million settlement has been reached in a lawsuit that …
Ohio: Former Corrections Director Prohibited from Consulting on Jail Issues for 12 Months After Retirement by Responding to a request for an advisory opinion from Terry J. Collins, who retired as Director of the Ohio Department of Rehabilitation and Corrections (ODRC) effective January 31, 2010, the Ohio Ethics Commission concluded …
Cockrell v City of Cincinnati, OH, Plf Resp to Def MTD, excessive force taser, 2010 Case: 1:10-cv-00270-SJD Doc #: 8 Filed: 09/27/10 Page: 1 of 29 PAGEID #: 27 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION KEITH COCKRELL, Plaintiff, v. CITY OF CINCINNATI, OHIO, et al., Defendants. …
$2 Million in Settlements for Wrongful Arrest, Conviction in Ohio by Two former Ohio prisoners have accepted settlements totaling $2 million after being wrongly imprisoned for crimes they did not commit. One of the men, Derris Lewis, spent 18 months in jail pending trial on murder charges. The other, Robert …
Ohio Cuts Prison Industry Jobs by Matthew Clarke by Matt Clarke In February 2010, Ohio Penal Industries (OPI) announced it planned to close several prison industry programs and reduce its prisoner work force from 1,554 to 1,269 due to budget cuts. Previously, OPI stated in December 2009 that it was …
Pay-to-Stay Jails Unsuccessful in Ohio by David Reutter by David M. Reutter Part of the legacy of the punitive criminal justice philosophy of the 1990s is pay-to-stay incarceration, which involves jails charging prisoners booking fees and per-diem fees. [See: PLN, July 2010, p.10]. The rhetoric behind pay-to-stay programs is that …
Physician Assisted in Botched Execution Attempt in Ohio by Matthew Clarke by Matt Clarke On September 5, 2009, guards at the Southern Ohio Correctional Facility in Lucasville prepared for an onerous task – executing state prisoner Romell Broom. They tried for two hours to find a usable vein in which …
Only Three States in Compliance with Unfunded Federal Sex Offender Mandates by Matthew Clarke by Matt Clarke In 2006 Congress enacted the Adam Walsh Act, which requires states to institute stricter monitoring of sex offenders or face losing 10% of their federal crime-prevention grants. Although all states were supposed to …
No Qualified Immunity for Excessive Force at Ohio Jail by The Sixth Circuit Court of Appeals affirmed the denial of qualified immunity to Ohio jailers on a detainee’s excessive force, denial of medical care, equal protection and state law claims. On April 3, 2004, Ohio State Highway Patrol Trooper Helen …
No Qualified Immunity for Denial of Protective Custody to Ohio Prisoner by The Sixth Circuit Court of Appeals affirmed a lower court’s denial of qualified immunity in an Ohio prisoner’s lawsuit raising a failure to protect claim. Ohio prisoner George Hamilton was the target of a “hit” by the Aryan …
DC Circuit Reverses CCA/TransCor Non-Exhaustion Dismissal by The U.S. Court of Appeals for the District of Columbia (DC) Circuit reversed a district court’s dismissal of a prisoner’s lawsuit for failure to exhaust administrative remedies and for conceding summary judgment by failing to respond to the defendants’ summary judgment motion. The …
Ohio Prisoner Awarded $40,000 for Sexual Assault by On August 19, 2009, an Ohio prisoner was awarded $40,000 after being sexually assaulted as a result of deliberate indifference to his safety. John Meyer, a prisoner at the Southeastern Correctional Institution (SCI), approached Sergeant Barbara McNicholas after being “roughed up” and …
