$1.5 Million Settlement Provided to Immigrant Prisoner Who Lost Leg in Colorado Jail by David Reutter $1.5 Million Settlement Provided to Immigrant Prisoner Who Lost Leg in Colorado Jail by David M. Reutter The insurance company for Colorado’s Park County Jail has agreed to settle a former prisoner’s medical neglect …
Tenth Circuit Follows Jones v. Bock, Reverses Full-Exhaustion Predicate in § 1983 Cases by John Dannenberg by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals realigned its jurisprudence to comport with the U.S. Supreme Court ruling in Jones v. Bock, 127 S.Ct. 910 (2007) [see: PLN, May 2007, …
Colorado DOC Increases Legal Photocopy Fees 400 Percent by As if cutting prisoner wages 70 percent (from $2 per workday to $0.60 while providing nothing but one roll of toilet paper per week) was not enough, Colorado Department of Corrections executive director Aristedes Zavaras has ordered the facility law libraries …
Limbaugh v. Alabama DOC, CO, Expert Report, 2008 STATEOFCOLORADO ) COUNTY OF BOULDER ) EXPERT REPORT OF DEWARD E. WALKER, JR.. PH.D. 1. I was asked by Mark Sabel, attorney for the Plaintiffs in the case of Limbaugh v. Alabama DOC,93 :cv-1404-WHA, to provide this report and state my opinion …
Riley v. Corrections Corporation of America, CO, Complaint, Retaliation on Inmate, 2008 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. __________________ JAMES RILEY, Plaintiff, vs. CORRECTIONS CORPORATION OF AMERICA, a Tennessee corporation; HOYT BRILL, individually and in his official capacity as Warden of the …
Court Orders Trial on Challenge to BOP’s Byline/Reporter Prohibition by A Colorado federal district court has ordered a trial in a federal prisoner’s challenge to 28 C.F.R. §540.20 (b), which provides, in relevant part, that an “inmate may not act as reporter or publish under a byline,” on First Amendment …
Mentally Ill Crowd Colorado Prisons by G.A. Bowers Like many states, Colorado has turned from state hospitals to prisons to provide care for the mentally ill. Since the mid-1970s, Colorado's mental hospitals have shriveled from 6,000 to 600 beds. Spending has dropped from 3.9 percent of the state budget in …
Prison System Commissioner Not Liable For Out of State Transfer by The plaintiff was assaulted by an employee and later by other prisoners in a Texas jail to which he was transferred because of overcrowding in Colorado. The plaintiff's allegation against the Director of the Colorado prison system, that he …
Challenge to BOP Writer Byline Rule “As Applied” Dismissed by A Colorado Federal District Court has refused to reinstate “as applied claims” in a lawsuit challenging the Bureau of Prisons (BOP) byline/reported prohibition or dismiss the remaining racial claim to 28 C.F.R. §540.20(h). In response to that lawsuit, BOP altered …
Colorado Coroner Entitled to Ambulance Reports by Nancy Bodelson, the Coroner for Jefferson County, Colorado asked the city of Littleton, Colorado for ambulance reports pertinent to the body she was autopsying. The city refused claiming that tae Colorado Open Records Act (CORA) Co. Rev. Stat. § 24-72-204 et seq., precluded …
Denial of HIV Medications Claim Dismissed for Failure to Exhaust by The plaintiff complained of an interruption of his HIV medications at a county jail where he spent five days He did not utilize administrative remedies there At 1166: "An inmate must allege and show that he has exhausted all …
Colorado Community Corrections Confinees Eligible for Workers' Compensation by A Colorado court of appeals held that a community corrections program (CCP) is not a jail or prison, and therefore workers' compensation benefits should not be suspended for prisoners participating in CCPs. Hilario Vasquez, a participant in a Colorado CCP, was …
Dismissal of Colorado Transsexual Suit Reversed by The Colorado Court of Appeals reversed the dismissal of a transsexual prisoner’s lawsuit seeking treatment by a gender specialist counselor. Christopher Grey, a Colorado prisoner, suffers from gender identity disorder (a.k.a. transsexualism), and refers to himself as Crystal, Catherine Jene, and “C.J.” Grey …
Colorado Appellate Court Condones Forcing Indigent Prisoners' Exposure to West Nile Virus by Colorado state prisoners Stephen Glover, Alan Smith and Michael Freeman (plaintiffs) appealed the dismissal of their pro se complaint against the State, the Department of Corrections (DOC) and former DOC director Joseph Ortiz (defendants). The complaint alleged …
Tenth Circuit Upholds Colorado DOC's Confiscation of Books, Legal Documents by Colorado state prisoner Wendel Wardell, Jr. appealed the dismissal of his pro se 42 U.S.C. § 1983 action filed against the Colorado Department of Corrections (CDOC) after Fremont Correctional Facility personnel confiscated reading materials mailed to him from an …
Court Orders Attorney General to Allow Law Students Access to Political Prisoners at Federal Supermax by Brandon Sample On January 17, 2008, U.S. District Judge Wiley Y. Daniel granted a preliminary injunction permitting University of Denver law students access to two prisoners housed at the Bureau of Prisons’ (BOP) Administrative …
Colorado County Sheriff, Jail Nurse Liable For Detainee's Leg Amputation, Illness by Park County (Colorado) Jail detainee and Mexico citizen Moises Reyes brought § 1983 and state law action against the Park County Board of County Commissioners (BCC), Sheriff Fred Wegener, Captain Monte Gore and nurse Vickie Paulsen after losing …
Colorado AG Advises Against Felons Microfilming Department of Revenue Tax Records by Colorado Attorney General (AG) J.D. MacFarlane opined against the Division of Correctional Industries utilizing felons to microfilm Department of Revenue (DOR) tax records. Upon request by Lee White, Executive Director of the Department of Administration, and Alan Charnes, …
Denver Police Department's Blanket Denial of Investigative Records Ruled Abuse of Discretion by Colorado state resident Stephen Nash sought review of a denial of requested Internal Affairs Bureau (IAB) files by the Denver Police Department (DPD). The files involved police misconduct during the improper monitoring of Nash's activities, which resulted …
Court Denies BOP’s Dismissal Motion in Challenge of Ensign Amendment by A Colorado federal district court denied a motion to dismiss filed by the Bureau of Prisons (BOP) in a lawsuit alleging the “Ensign Amendment” violates the First Amendment, as does 28 C.F.R. §540.72, which implements that amendment. The Ensign …
