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$375,000 Settlement Reached in Racial Discrimination Suit against California DOC by A $375,000 settlement was reached in a racial discrimination suit against the California Department of Corrections (CDOC). Kevin Robinson began working for CDOC on January 1, 1999, at Pleasant Valley State Prison. In April 2006, Robinson’s supervisor, Sgt. Steve …
BOP Fails to Prove Non-Exhaustion Following Pavey Hearing by Mark Wilson On June 7, 2011, an Illinois U.S. District Court held that federal prison officials had failed to satisfy their burden of proving a prisoner did not exhaust administrative remedies before bringing suit. Chad Alan Hicks was confined at the …
Article • December 15, 2011 • from PLN December, 2011
$227,500 Settlement in Suit by Former Minnesota DOC Prison Chaplain by A former Minnesota prison chaplain has settled a lawsuit against state officials after she lost her job for raising concerns about the constitutionality of the InnerChange Freedom Initiative (IFI) program. Kristine Holmgren was employed by the Minnesota Department of …
Article • November 15, 2011 • from PLN November, 2011
“Public Concern” Test Does Not Apply to Prisoner Retaliation Claims; Speech Must be Consistent with Status as a Prisoner by Brandon Sample The “public concern” test does not apply to prisoner claims of retaliation, the U.S. Court of Appeals for the Seventh Circuit held on March 31, 2010. Nonetheless, to …
Eleventh Circuit Reverses Dismissal of BOP Failure to Protect Suit by The U.S. Court of Appeals for the Eleventh Circuit reversed the dismissal of a failure to protect suit filed by a federal prisoner who claimed that he was attacked by a guard for participating in a prison investigation. “John …
Summary Judgment for CCA Reversed in Filthy Jail Conditions Case by David Reutter On April 15, 2011, the Sixth Circuit Court of Appeals reversed a district court’s grant of summary judgment to Corrections Corporation of America (CCA) in a civil rights action alleging Eighth Amendment violations after CCA staff left …
Article • November 15, 2011
Washington Settles Shy Bladder Suit For $2,500 by On March 8, 2006, the State of Washington paid $2,500 to settle with a former state prisoner who sued two state employees in their individual capacities for violating his federal civil rights and the Washington Department of Corrections for failing to make …
Article • November 15, 2011
Second Circuit Denies Connecticut Student's §1983 Claim against School Officials by Derek Gilna Second Circuit Denies Connecticut Student's §1983 Claim against School Officials by Derek Gilna The United States Court of Appeals for the Second Circuit has upheld a district court order granting summary judgment to public school officials in …
Article • November 15, 2011
Washington DOC Settles Employee’s Sexual Harassment Claim For $32,000 by On February 6, 2006, the State of Washington paid $32,000 to settle with a Department Of Corrections employee who claimed she was sexually harassed while employed at the Pine Lodge Pre¬release Facility. From January 1, 2001, through June 2003 Plaintiff …
$45,500 Settlement over Washington Prison Psychologist’s Improper Reference to Prisoner’s Litigation History in Parole Review Report by A $45,500 Settlement was reached in a suit filed for illegal references to court actions, legal complaints and grievance activity in a psychological evaluation report for a parole review. Alvin L. Gilcrist filed …
Davis et al v. Abercrombie et al, HI, Complaint, CCA religious discrimination denial retaliation, 2011 Case 1:11-cv-00144-LEK -BMK Document 42 Filed 11/14/11 Page 1 of 126 821 PageID #: NATIVE HAWAIIAN LEGAL CORPORATION 1164 Bishop Street, Suite 1205 Honolulu, Hawaii 96813 Telephone: (808) 521-2302 Fax: (808) 537-4268 ANDREW B. SPRENGER …
Report Finds Federal Prisoners Exposed to Toxic Metals in Recycling Jobs by A four-year study by the U.S. Department of Justice’s Office of the Inspector General (OIG), released in October 2010, found that prisoners and employees at ten federal prisons were exposed to hazardous metals and materials while handling electronic …
D.C. District Court Partially Dismisses Lawsuit by BOP CMU Prisoners by A lawsuit filed on behalf of prisoners held in Communication Management Units (CMUs) at federal prisons in Terre Haute, Indiana and Marion, Illinois, which alleged violations of their Constitutional rights due to placement in the CMUs, as well as …
Article • October 15, 2011 • from PLN October, 2011
Former Florida Prison Guard Sues for Reinstatement Under Whistleblower Act by The Florida Department of Corrections (FDOC) has been sued for retaliation under the state’s whistleblower act by a former guard. The suit, filed by lawyers for John Pisciotta, seeks back pay, reinstatement of his job, damages and attorney fees. …
Names of Prison Staff Not Required In Grievances by Brandon Sample By Brandon Sample New York state prisoners do not have to name prison officials in their grievances in order to exhaust administrative remedies, the U.S. Court of Appeals for the Second Circuit decided February 2, 2009. The court's decision …
Texas Chaplain Who Complained of Jail Conditions Reinstated, Suit Settled by In January 2011, Gail Hanson was reinstated as a volunteer chaplain at the Cameron County Jail in Brownsville, Texas. She had been banned from the facility after she publicly criticized conditions at the jail, and her reinstatement was part …
Georgia Deputy Fired for Refusing Threesome with Sheriff by An employee at Georgia’s Clayton County Sheriff’s Office said she was fired because she refused to have a sexual threesome with the sheriff and a female deputy. The story began developing in April 2011 after the indictment of Clayton County Deputy …
Mann v. Failey et al, SC, Complaint, guard brutality retaliation, 2011 0:11-cv-02232-RMG Date Filed 08/23/11 Entry Number 1 Page 1 of 19 0:11-cv-02232-RMG Date Filed 08/23/11 Entry Number 1 Page 2 of 19 0:11-cv-02232-RMG Date Filed 08/23/11 Entry Number 1 Page 3 of 19 0:11-cv-02232-RMG Date Filed 08/23/11 Entry Number …
Terminated South Carolina Wardens Awarded a Total of $882,000 by Mark Wilson On December 22, 2010, the South Carolina Court of Appeals upheld a $372,000 verdict in favor of a prison warden who was wrongfully terminated by the South Carolina Department of Corrections (SCDC). In 2002, SCDC Investigator Karen Hair …
Eleventh Circuit Holds Failure to Prove Physical Injury Accompanies Emotional Injury is Affirmative Defense by David Reutter By David M. Reutter The Eleventh Circuit Court of Appeals has held that 42 U.S.C. 1997e’s prohibition against a prisoner bringing a federal civil action for emotional injury without a prior showing of …
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