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South Dakota: Prisoner May Enforce Third-Party Kosher Meal Obligation by The South Dakota Supreme Court has ruled that a state prisoner can bring a third-party beneficiary claim to enforce a settlement agreement between the South Dakota Department of Corrections (DOC) and another prisoner. Charles E. Sisney, a DOC prisoner, filed …
Oneida County, NY Jail Suicide Litigation Settled for $225,000 by In May 2008 the County of Oneida agreed to pay $100,000, and CNY Services agreed to pay $125,000, in settlement of a wrongful death claim brought by the parents of a 17-year-old detainee who committed suicide in the Oneida County …
Massachusetts Court of Appeals Reinstates Prisoner’s Dental Negligence Suit by Andrew W. Kilburn, a Massachusetts state prisoner, filed suit in state superior court alleging negligence and violation of the Eighth Amendment by Department of Correction (DOC) officials and medical personnel employed by Correctional Medical Services (CMS) and University of Massachusetts …
$125,000 Paid For Illegal Colonoscopy to Search for Drugs by On July 18, 2009, a New York State parolee, Tunde Clement, agreed to a $125,000 settlement in a lawsuit he filed in 2007 against Albany County, New York and Albany Medical Center Hospital. Clement's attorney, John F. Queenan, claimed his …
Abu Ghraib Abuses Not Covered by Insurance Policy by The Fourth Circuit Court of Appeals has affirmed a Virginia federal district court’s order that held an insurance policy obtained by a company who was sued for detainee torture in Iraq has no duty to defend the company because the events …
Jail Guards Allowed to Assert Qualified Immunity Defense; Nurses Not by The Sixth Circuit Court of Appeals has reversed a Michigan federal district court’s decision that denied a group of jail guards qualified immunity in a case in which a prisoner died after complaining of chest pain and breathing problems. …
$4.6 Million Settlements in Death of Quadriplegic D.C. Prisoner by David Reutter by David M. Reutter When 27-year-old Jonathan Magbie entered the District of Columbia Jail to serve a 10-day sentence, he was a quadriplegic confined to a mouth-operated wheelchair. Four days later he was dead. D.C. Superior Court Judge …
PHS’s Policy of Profits over Medical Care Results in Death of Pregnant Prisoner’s Fetus by The Eleventh Circuit Court of Appeals has held that a prisoner is not required to exhaust administrative remedies that jail officials do not let prisoners know exist. Additionally, the appellate court held that a jail …
Alaska Prisoners May Assert Third-Party Beneficiary Claim Against Contract Medical Provider by Alaska prisoners may bring a third-party breach of contract claim against contract medical providers for medical negligence, the U.S. Court of Appeals for the Ninth Circuit decided August 28, 2007. Joseph Miller, an Alaska prisoner, sued Corrections Corporation …
Article • June 15, 2009
Arkansas City Settles Dispute Over Housing Prisoners In County Jail by The City of Pine Bluff, Arkansas reached a settlement with Jefferson County, Arkansas over a declaratory judgment regarding the meaning of the phrase "prisoners of municipalities" as used in an Arkansas statue governing how jail costs are appropriated between …
Texas Court of Appeals Upholds $42.5 Million Award Against Wackenhut / GEO Group by Matthew Clarke Texas Court of Appeals Upholds $42.5 Million Award Against Wackenhut / GEO Group by Matt Clarke On April 2, 2009, a Texas Court of Appeals upheld a jury award of $22,000,000 in actual damages …
Article • June 15, 2009 • from PLN June, 2009
Indiana Court Denies Challenge to Monopolistic Prison Phone Contracts by John Dannenberg by John E. Dannenberg The Indiana Court of Appeals has rejected a class-action suit brought by families and friends of prisoners who challenged prison telephone contracts as monopolistic and prison phone rates as oppressive. The appellate court held …
Ninth Circuit: County Contractor that Counsels Bad-Check Writers Not Entitled to State Sovereign Immunity from Suit by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals has ruled that a private firm hired by a California county to run a diversion program for bad-check writers was …
City Agrees to Pay $2,500,000 to Private Prison Company by On April 16, 2001, the City of Delta Junction, Alaska agreed to settle a suit brought by prison officials over a failed attempt to construct a private prison at Fort Greely, Alaska. After Fort Greely was slated for closing by …
Former New Jersey Prison Social Worker Abuse Lawsuit Reinstated by A New Jersey appeals court has reversed a lower courts dismissal of a lawsuit filed by a former prison health care worker. Angela Hoag was a licensed social worker employed by Correctional Medical Services, Inc. and worked at Southern State …
Deconstructing Gus: A Former CCA Prisoner Takes On, and Takes Down, CCA’s Top Lawyer by Paul Wright by Paul Wright, et al. On June 13, 2007, former President Bush nominated Gustavus A. Puryear IV, 40, for a lifetime appointment to the U.S. District Court for the Middle District of Tennessee. …
GEO Cancels Contract at Pennsylvania Jail, Looks Elsewhere for Business by David Reutter GEO Cancels Contract at Pennsylvania Jail, Looks Elsewhere for Business by David M. Reutter GEO Group, Inc. (formerly known as Wackenhut Corrections), the second-largest private prison company in the nation, has operated the jail in Delaware County, …
Prisoners Can Sue Virginia DOC’s Contract Medical Provider for Breach of Contract by Prisoners Can Sue Virginia DOC’s Contract Medical Provider for Breach of Contract Virginia Department of Corrections (VDOC) prisoners who receive inadequate medical care may sue the VDOC’s contract medical provider for breach of contract, the Supreme Court …
District of Columbia Rehabilitation Program Contractor Liable in Juvenile’s Death; $1,000,000 Verdict Upheld by Bob Williams District of Columbia Rehabilitation Program Contractor Liable in Juvenile’s Death; $1,000,000 Verdict Upheld by Bob Williams Re-Direct, Inc., a company that provides services for juveniles for the District of Columbia, appealed the denial of …
$750,000 Settlement for Colorado DOC Guard Death At Hands Of BOP Training Instructors by Colorado state resident Pamela Perse brought a federal tort action against the United States in 1995 after Federal Bureau of Prisons (BOP) personnel's negligence resulted in the death of her husband. The suit settled for $750,000 …
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