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Former Prison Doctor Settles Racial Discrimination, Wrongful Termination Lawsuit with Federal Government for $65,000 by Lonnie Burton On January 16, 1997, a former prison doctor who had sued the federal government for racial discrimination resulting in his wrongful termination, agreed to dismiss his case in return for a payment of …
Article • October 27, 2016
Fifth Circuit Upholds Dismissal of Suit over In-Custody Death by On February 10, 2016, the Fifth Circuit court of appeals upheld the dismissal of a suit brought over the in-custody death due to PCP toxicity. Marcus Dewayne Slade was arrested after Marshall, Texas police encountered him naked, agitated and having …
Few Oklahoma Exonerees Paid for Their Wrongful Incarceration by Matthew Clarke Despite Oklahoma having a wrongful-conviction compensation statute on the books since 2003, few exonerees in that state have received payment. One example of the battles exonerees face is the case of Greg Wilhoit, who was sentenced to death for …
Article • October 25, 2016
Federal Prison Worker Awarded Back Pay after Grievance Settled at Arbitration by Lonnie Burton The American Federation of Government Employees Council of Prison Locals, Local 510 (AFGE) and the United States Department of Justice (DOJ) entered into a settlement agreement on August 9, 2001, which provided for back pay with …
Article • October 25, 2016
Federal Court Sends Case Regarding Wrongful Job Termination Based on Felony Convictions to N.Y. State Court with Certified Questions by Lonnie Burton On August 30, 2016, the Second Circuit United States Court of Appeals certified three questions to the New York State Court of Appeals to help them resolve a …
Article • October 25, 2016
Federal Court Rejects Prison Doctor's "Expert" Testimony by Lonnie Burton A U.S. District Court judge in Arizona has rejected nearly all of the proffered testimony of a doctor that prison officials had claimed was an "expert" on the issues of "the unique challenges of providing health care" in a correctional …
Article • October 25, 2016
Federal Court Orders Release of Prisoner from S.H.U.; Ninth Circuit Reverses by Lonnie Burton Robert Lee Griffin has been in prison since 1970. In 1979 he was validated as a member of the Aryan Brotherhood ("AB") and placed in the Secure Housing Unit (SHU) at Pelican Bay State Prison in …
Article • October 25, 2016
Fact of Incarceration May Be Used Against Father in Maine Parental Rights Termination Proceeding by Lonnie Burton The Maine Supreme Judicial Court ruled on August 30, 2016, that a parent's incarceration may be used as a factor by a court in parental rights termination cases. The ruling affirmed a lower …
Article • October 25, 2016
Eleventh Circuit Affirms Dismissal of Pretrial Detainee's Lawsuit for Unsanitary Conditions, Due Process Violations by Lonnie Burton On August 29, 2016, a three-judge panel of the Eleventh CircA.t U.S. Court of Appeals upheld an order of a federal district court in Alabama which dismissed the lawsuit of a pretrial detainee …
Article • October 25, 2016
Eighth Circuit Finds No Constitutional Right to Communicate in Chinese by Lonnie Burton On August 15, 2016, the Eighth Circuit U.S. Court of Appeals upheld the dismissal of a case filed by a Chinese-born Missouri state prisoner who had his mail to and from China repeatedly rejected by prison officials. …
Article • October 25, 2016
District Court Dismissal of False Arrest Suit Reversed by Lonnie Burton A suit by a black Canadian woman who was twice arrested upon her entry into the United States may proceed to trial, said a panel of judges of the Ninth Circuit Court of Appeals. That decision reversed a ruling …
Article • October 25, 2016
Controversy over Oklahoma's Calculation of Prisoners' Release Dates by Matthew Clarke High-profile crimes allegedly committed by two former Oklahoma Department of Corrections (DOC) prisoners after they were released early from prison has generated controversy over how the DOC calculates release dates. Desmond La'don Campbell was convicted of attempted kidnapping and …
Article • October 25, 2016
Colorado Prisoner Sues Over Prison Officials' Failure to Treat Dental Infection by Matthew Clarke A Colorado state prisoner filed a federal civil rights action in September 2014, alleging denial of medical care for a dental infection that nearly killed him and left him with partial paralysis of his tongue and …
Colorado Guards Joke While Prisoner Dies from Easily Preventable Cause by Matthew Clarke The death of 35-year-old Colorado Department of Corrections (DOC) prisoner Christopher Lopez at the San Carols Correctional Facility on March 17, 2013, would have been rejected if submitted as a plot for a novel. It is too …
California Court Affirms Award of Attorney's Fees to Watchdog Group; Remands Case to Determine if Sanctions Appropriate by Lonnie Burton On June 7, 2016, the California Court of Appeal, Fourth Appellate District, Division One affirmed the award of attorney's fees to a state watchdog organization after they prevailed in a …
Article • October 25, 2016
Filed under: Jail Specific, Education
CA: Home School District of Incarcerated Youth with Disabilities Required to Pay for Their Education by Lonnie Burton The California Supreme Court has ruled that the home school district of an incarcerated youth in need of special education services is obliged to bear the cost of that student's education while …
Bureau of Prisons Pays $145,000 to Settle Handicap Discrimination Lawsuit by Lonnie Burton The Federal Bureau of Prisons (BOP), through the United States Attorney General's Office, agreed to pay a total of $145,000 to settle a 1998 lawsuit brought by a BOP employee who alleged she was discriminated against on …
BOP Pays $30,000 to Settle Prison Counselor's Religious Discrimination Claim by Lonnie Burton On March 18, 2002, a settlement agreement was finalized resolving a complaint brought by a federal prison counselor who alleged she was targeted for discrimination because of her religious beliefs. PLR is now reporting on this case …
Article • October 24, 2016
Banished Texas Civilly Committed Sex Offenders Commit Crimes in Other States by Matthew Clarke The Texas Office of Violent Sex Offender Management (OVSOM), which supervises civilly committed Texas sex offenders, has been the subject of multiple controversies in recent months. These included secretly housing civilly committed sex offenders (CCSOs) in …
Article • October 24, 2016
Arizona Private Prison Profits Disappear As Immigration Arrests Decline by Matthew Clarke The San Luis Regional Detention and Support Center opened with a capacity of 548 beds in 2007. Initially, it housed male and female immigration detainees. In 2009, Emerald Correctional Management took over operation of the center, located in …
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