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Ex California Female Guards Subjected to Sexual Harassment, Retaliation by Edna Miller and Frances Mackey (plaintiffs), former California Department of Corrections (DOC) guards, were forced to work in a sexually hostile environment at the Valley State Prison for Women due to sexual relationships between the warden, Lewis Kuykendall, and several …
Washington Guard Fails to Establish Employer Retaliation by Lonnie Earles was a guard at the Washington Corrections Center (WCC) near the town of Shelton. In 1994 he settled an employment discrimination suit with the State Department of Corrections (DOC). Over the next several years Earles was transferred from one position …
Indiana DOC Employee's 4th Amendment Rights Not Violated by Mandatory Psych Evaluation by Kristin Greenawalt, a research analyst for the Indiana Department of Corrections for two years, was suddenly required to submit to a psychological examination or lose her job. She submitted to the exam, which lasted two hours and …
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 …
11th Amendment Bars Prison Guard's FLSA Suit for Unpaid Work by The plaintiff prison staff members sued under the Fair Labor Standards Act alleging that they were forced to do unpaid work at the beginning and end of their shifts. Their claim, even though framed as an individual capacity claim …
Altercation Suit Brought By Prisoner Backfires; $250,000 Awarded to Guard by Virginia state prisoner Lament Douglas brought a § 1983 suit against prison guard J. McCarty for an altercation which left both parties injured. The Court granted remittur and awarded $250,000 to McCarty on his counterclaim. Douglas' motion for a …
Article • May 15, 2007
Ohio Prison Officials get Qualified Immunity in Guard Strip Searches by The plaintiff, a prison employee, was strip searched without reasonable suspicion of illegal activity. The reasonable suspicion standard was not clearly established and the defendants are entitled to qualified immunity. Three cases from other circuits did not establish the …
Qualified Immunity for Body Cavity Search of Prison Guard by The plaintiff correctional employee was subjected to a visual body cavity search after a prisoner informant said that the employee was going to smuggle in some drugs in a tampon. Conducting the search was within the outer perimeter of the …
Article • May 15, 2007
White Police Man's Discrimination Suit Dismissed by A white deputy sheriff terminated for excessive force against a black arrestee after a high-speed chase failed to prove racial discrimination absent evidence that he was treated more harshly than others because of his race. The fact that he might have been treated …
$2,000,000 Jury Verdict in Negligence Suit in Hospital for Failure to Protect by When a New York City police officer took an arrestee to St. Vincent's Hospital for treatment of superficial hear wounds, emergency room personnel instructed the officer to remove the arrestee's handcuffs because he would be considered a …
Article • May 15, 2007
CA Prison Supervisors Not Entitled to Pay Raise Identical to that of Subordinates by CA Prison Supervisors Not Entitled to Pay Raise Identical to that of Subordinates In 2003-04, California prison guards received a pay raise of 6.8%. Due to financial problems with the state Dept. of Personnel Admin. (DPA), …
PA Female Lt. Awarded $37,234 in Faulty Sex Termination by A female Lieutenant at the Allegheny County Jail was awarded $37,234 and reinstated to her job after a County Personnel Board found she was improperly terminated for allegedly having sex with a prisoner. While in the Allegheny County Jail, prisoner …
Article • May 15, 2007
Doctor Employed by Private Medical Company's Firing Upheld by The plaintiff physician complained that she was fired by a private corporation providing medical care to prisoners because she gave a prisoner a 7-Up to drink. Prison officials denied her further access to the prison and the corporation cited that fact …
Exhaustion Required in Title VII Suits by The plaintiff asserted hostile work environment and violation of merit system claims under Title VII, and defendants asserted she did not exhaust them. However, the plaintiff said that she had grieved her alleged retaliatory discharge and that the arbitrator heard all the underlying …
Article • February 15, 2007 • from PLN February, 2007
Fulton County Reinstates Deputies Fired in Killing Rampage by After the March 11, 2005 killing rampage by Brian G. Nichols at an Atlanta courthouse, Fulton County Sheriff Myron Freeman talked tough about punishing officers who failed to perform their duties or lied during the ensuing investigation. He initially followed through …
Virginia Guard Hazed By Coworkers Awarded $25,001 by Michael Rigby On March 1, 2006, a jury in the U.S. District Court for the Western District of Virginia awarded $25,001 to a prison guard who was subjected to a humiliating hazing ritual by his coworkers. Guard Terry Givens was promoted to …
California Sheriffs Authority to Fire Rogue Guard is Validated by Marvin Mentor California Sheriff's Authority to Fire Rogue Guard is Validated by Marvin Mentor The California Court of Appeal held that the San Diego County Civil Service Commission abused its discretion when it overturned the Sheriff's firing of a deputy …
WA Youth Detention Officer Awarded $603,500; Remitted Damages Reinstated by The Washington Supreme Court held that the Court of Appeals improperly reduced a plaintiff's non-economic-damage award from $260,000 to $25,000. From 1979 to 1991, Ralph Bunch worked as a prison guard at the Washington State reformatory in Monroe. In 1991 …
Article • June 15, 2006 • from PLN June, 2006
Rampant Sexual Favoritism By California Prison Warden Is Actionable Under Hostile Work Environment T by Rampant Sexual Favoritism By California Prison Warden Is Actionable Under Hostile Work Environment Theory A unanimous California State Supreme Court held that non involved female employees could sue the Department of Corrections (CDC) for sexual …
Article • June 15, 2006 • from PLN June, 2006
Illinois DOC Seeks to Block Ex-Wardens Benefits by Matthew Clarke Illinois DOC Seeks to Block Ex-Wardens Benefits by Matthew T. Clarke On September 13, 2005, the Illinois Department of Corrections (DOC) filed an appeal of a workers compensation arbitrators decision to grant ex-prison warden William Barham permanent total disabilities benefits. …
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