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Article • May 15, 2007
New York Prisoner Awarded $6,000 For Hernia by In June 1998, a New York court of claims awarded $6,000 to a state prisoner who sustained a hernia while moving church pews as part of his work assignment. The plaintiff contended in his lawsuit that prison officials were negligent for failing …
Article • May 15, 2007
Summary Judgment For Free Exercise Of Religion Upheld: Untimely Appeal Dismissed by Summary Judgment For Free Exercise Of Religion Upheld: Untimely Appeal Dismissed Kansas state prisoner Jimmy Searles filed a Federal civil rights complaint against State Department of Corrections (DOC) personnel for allegedly violating his First Amendment right to freedom …
$250,500 Verdict in Illinois Retaliation Claim by In February 1988, James Fergueson was a prisoner at Illinois' Menard Correctional Center when he had an argument with Mary Flannigan, the director of the Menard Psychiatric Center. Fergueson was upset that he had been transferred to Graham Corrections Center and back to …
Article • May 15, 2007
$303,113 Verdict in Negligence Failure to Train Arizona Worker Case by While imprisoned in Arizona, James Jenkins agreed to work in the Department of Public Works Maintenance yard in Duncan. On October 9, 1996, Jenkins was instructed to take a street sweeper to a gas station. He lost control of …
Article • May 15, 2007
Slip and Fall Injury Claim Dismissed by The plaintiff slipped and fell while trying to repair a roof leak. He complained that some aspects of his treatment were delayed and he never got a barium study and a sigmoidoscopy. This complaint amounted only to a difference of opinion about treatment …
Article • May 15, 2007
New York Prisoner Awarded $279,583 For Work-Related Arm Fracture by In June 1998, a New York court of claims awarded $279,583 to a prisoner who sustained a lower arm fracture after falling into an excavated area at a state prison. The prisoner argued that prison officials should have foreseen the …
New York Prisoner Awarded $350,000 For Work-Related Fractures by In February 1998, a New York court of claims awarded $350,000 to a prisoner who suffered heel and elbow fractures when he fell from the roof of a state prison. The award was reduced to $140,000, however, after the judge determined …
No Remedy for Contractor Suit Against Unicor by The plaintiff contractor sued Federal Prison Industries (a/k/a/ Unicor) under the Contract Disputes Act in the Court of Federal Claims. That court lacked jurisdiction because Federal Prison Industries is a "non-appropriated fund instrumentality" for which the United States was not financially answerable …
$1,500 Paid in False WA DOC Disciplinary Action by Thomas B. Armstrong III, a telemarketer clerk at Washington State Penitentiary, was accused of losing a wrench and consequently was given a disciplinary report and placed in segregation. Two weeks later, he was released from segregation and the charges were dropped. …
Denial of Disciplinary Nearing Witnesses Illegal; $250 Damages Awarded by The court of appeals for the Eighth circuit held that it violates due process for prison disciplinary hearing officers to refuse to call witnesses for the hearing. District court ruled in Iowa prisoner's favor and awarded $250 in damages where …
Retaliation for Use of Grievance System Unconstitutional by The court of appeals for the Eleventh circuit held that a district court erred in dismissing an Alabama prisoner's retaliation lawsuit. The court held that a state created liberty interest in remaining at a given prison was not required when the prisoner …
Article • May 15, 2007
Washington Pays $90,000 in Roof Collapse by On April 29, 1996, Edward A. Swartz, a prisoner confined at Cedar Creek Correctional Center in Little Rock, Washington, fell through a roof while doing construction work. Swartz claims that the State of Washington and the Department of Corrections were negligent in failing …
Washington DOC pays $1,000 to Settle Work Suit by Washington DOC Pays $1,000 to Settle Work Suit In 1994, the State of Washington paid Robert Ryan Schmolke $1,000 to settle a suit. In 1989, Schmolke, a prisoner then confined at Washington Corrections Center in Shelton, Washington, was painting stripes in …
Article • May 15, 2007
Washington DOC Pays $15,000 for Scaffolding Injury by In 1997, the State of Washington and the Department of Corrections paid Michael W. Petrycki $15,000. Petrycki, a prisoner confined at Airway Heights Corrections Center in Airway Heights, Washington, suffered a head injury as he followed his supervisor to work. On 1994, …
Texas Prison System Declared Unconstitutional; Reforms Ordered by In a class-action suit by Texas prisoners with the U. S. as a plaintiff-intervenor, a Texas federal district court held that Texas prisons: (1) were grossly overcrowded; (2) had wholly inadequate sanitation and recreation facilities; (3) used inadequate disciplinary procedures; (4) allowed …
$600 Awarded in MO Detainee's Illegal Segregation Claim by A Missouri Federal District Court, in a bench trial, held officials at the Medium Security Institution of the City of St. Louis violated a pre-trial detainee's due process rights by their custom of not distinguishing between pre-trial detainees and convicted prisoners. …
Article • May 15, 2007
Filed under: Work, Prison Labor, Sabbaths
$750 Paid in Washington Prisoner's Religious Discrimination Suit by In March and April 1999, Kenneth J. Busby, a prisoner at Washington's Airway Heights Correctional Center, worked at the Food Factory at AHCC. Bushy is a faithful practicing Muslim, which requires attendance at a weekly Friday prayer/worship service called Ju'mah. At …
Article • May 15, 2007
Limits on Prison Labor Union Constitutionally Valid by The U.S Supreme Court ruled that prison regulations limiting the activities of a prison labor union did not violate the prisoners' First and Fourteenth Amendment rights. Prisoner labor union members in the North Carolina Department of Correction filed a § 1983 action …
Social Security Application Claims Estop Fired Jailer's ADA Claims by The U .S. Seventh Circuit Court of Appeals, affirming the U.S. District Court for the Northern District of Indiana, held that a former jail guard's claim, brought under the Americans with Disabilities Act (ADA) that he was terminated because he …
Article • May 15, 2007
New York State Prisoner Awarded $1,000 For Work Related Knife Injury by On June 26, 2002, a state court of claims awarded New York state prisoner Jose Santiago $1,000 for a knife injury he sustained while working in the prison butcher shop. The injury required two stitches. While working in …
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