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Denial of Continuance on Summary Judgment Proper, Summary Judgment Improper by The U.S. Eleventh Circuit Court of Appeals held that a Florida federal district court's denial of a Florida Department of Corrections (DOC) prisoner's motion to stay consideration of DOC defendants' motion for summary judgment was not abuse of discretion. …
Abstention Doctrine Discussed by The Sixth Circuit Court of Appeals held that a federal court may not abstain from jurisdiction over a case because resolution of a federal question may result in the overturning of a state policy. This action brought by the next of kin of four young people …
$200,000 Awarded to Prison Nurse for Wrongful Termination by $200,000 Awarded To Prison Nurse For Wrongful Termination Joan Gilles, a 67-year old former prison nurse at the Northern Maine Juvenile Correctional Facility (NMJCF), in Charleston, filed a law suit against Prison Health Services (PHS), a company that provides medical services …
Article • May 15, 2007
Third Circuit Sets Standard for Juvenile Detainee Failure to Protect Claims by The Third Circuit Court of Appeals held that failure-to-protect claims against a juvenile detention center and its staff were properly analyzed under the deliberate indifference standard. The court also held that issues of fact precluded summary judgment for …
Texas County Liable in Juvenile's Jail Suicide by A Texas federal District Court held that Harris County can be held liable in the suicide of a teenager at the County's Juvenile Detention Westside Command Center, known as Delta 3 Boot Camp. The juvenile had threatened on several occasions over his …
Former Florida Guard Awarded $49,000 Despite Summary Judgment Against Her by Diane Wilbur, a former guard at the Cypress Creek Correctional Facility, a juvenile correctional facility in Citrus County, Florida, filed a Federal lawsuit pursuant to Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights …
Article • May 15, 2007
Restrained Juvenile Prisoner Settles Injury Claim For $1,000 by After filing suit in August 1997, a juvenile female prisoner who suffered emotional distress and facial bruising while being forcibly restrained by personnel at the Marygrove Residential Treatment Facility settled her claim for $1,000. The girl had alleged in her suit, …
Article • May 15, 2007
Private Juvenile Sex Offender School Not a State Actor by The plaintiff alleged that he was physically abused by staff members of a private school specializing in the treatment and education of juvenile sex offenders. The school and its staff did not engage in state action, since the plaintiff's placement …
Article • May 15, 2007
11th Amendment Bars Consent Decree Enforcement by Children who were in state custody alleged denial of meaningful access to adoption services. A consent decree was entered. Plaintiffs moved to hold defendants in contempt. Defendants moved to dismiss. Read to the end for an important lesson in settlement-drafting. The suit is …
Article • May 15, 2007
Class of Homeless Children Seeking Education Certified by The court certifies a class of homeless children who alleged that school enrollment and transportation procedures violate the McKinney Act and deny equal protection. At 324: The Defendants urge that the legal issue can only be decided on an individual basis because …
Article • May 15, 2007
Pennsylvania DOC Rule Denying Sex Offenders Visits with Minors Upheld by The plaintiff, convicted of involuntary deviate sexual intercourse against his stepdaughter, was denied contact visits with his children pursuant to a prison regulation denying contact visits with minors to all prisoners ever convicted of sex offenses against minors, notwithstanding …
Baker v State of California, CA, Order, youth guard beating, 2007 Case 2:05-cv-00589-GEB-KJM Document 143 Filed 04/17/2007 Page 1 of 2 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 VINCENT BAKER, 10 Plaintiff, 11 v. 12 STATE OF …
Hawaii Juvenile Gay Bashing Enjoined by A federal court in Hawaii issued a preliminary injunction, prohibiting harassment, abuse, discrimination and isolation of juvenile detainees who are, or are perceived to be, lesbian, gay, bisexual and/or transgender (LGBT). The Hawaii Youth Correctional Facility (HYCF) is a secure juvenile detention facility ?existing …
Galloway v TYC, TX, 3rd Amended Complaint, juveniles disabilities legal aid assault, 2007 EXHIBIT “A” UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS JOSEPH GALLOWAY, individually, § § DANA BROCKWAY, as next friend of her § minor child, A.B., on behalf of all those similarly § situated, § § GLORIA …
Article • November 15, 2006 • from PLN November, 2006
$6,280,000 Settlement For Illegal California Juvenile Hall Strip Searches by John Dannenberg by John E. Dannenberg On July 10, 2006, the County of Sacramento, California agreed to pay $6,280,000 to the class of juvenile hall detainees who were illegally strip-searched between January 1, 1998 and October 1, 2004 at the …
Florida's Juvenile Justice: Convicted Sex Offender Rapes Disabled Youth in His Care by Once again, Florida's Department of Juvenile Justice (DJJ) is under close scrutiny for failing to protect a severely mentally disabled teenager from sexual abuse. At the center of this scandal is Robert, an orphan with the mind …
Sexual and Physical Abuse at Florida Girl's Prison Under Investigation by By David Reutter In June, 2003, The State Attorney for Florida's Palm Beach County initiated a grand jury investigation into sexual assaults and physical abuse at the State's only maximum security prison for girls. In April, 2000, the Florida …
Florida Juvenile Justice: Check Private "Employee's" Records? What a Concept by Florida Juvenile Justice: Check Private "Employee's" Records? What a Concept By David M. Reutter Guards employed by private contractors that operate Florida juvenile justice programs earn some of the lowest wages in the nation. The result is high turnover, …
Article • October 15, 2005
Order Requiring Plan For Compliance With JJDPA Non-appealable by The United States Court of Appeals for the Eighth Circuit dismissed an appeal by Iowa state officials challenging a district court's order requiring officials to devise and submit for approval a plan for achieving compliance with the Juvenile Justice and Delinquency …
Colorado Teenagers Raped By Guards Settle For $165,000 Each by Michael Rigby In August 2004, two teenage girls raped by guards at a Colorado juvenile prison settled their lawsuits for $165,000 apiece. Both girls had been imprisoned at the Youthful Offender System (YOS), which is operated by the Colorado Department …
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