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Montana State Prisoner Not Entitled to Disability And Rehabilitation Benefits While Incarcerated by Montana State Prisoner Not Entitled to Disability And Rehabilitation Benefits While Incarcerated The Montana Supreme Court held on appeal from the Workers' Compensation Court that state prisoner Gary Quigg was not entitled to disability benefits while performing …
Article • May 15, 2007
Prisoner Denied Workers' Compensation for Injury In State Community Job by The Missouri Court of Appeals affirmed the denial of state prisoner Weldon Richard's workers' compensation claim for a fall he suffered while trimming trees in a community prison job. Richard filed a claim for benefits with the State Labor …
Article • May 15, 2007
$10,000 Awarded In New York Prisoner Work Injury Suit by In 2000 the New York Court of Claims awarded $10,000 in damages to a prisoner who cut his finger off while using a band saw at Woodbourne Correctional Facility in New York on February 7, 1996. He worked in the …
Article • May 15, 2007
California Habeas Corpus Proper Remedy to Challenge Work Assignment Restriction, But not to Award Back Pay by California Habeas Corpus Proper Remedy to Challenge Work Assignment Restriction, But not to Award Back Pay California's Second District Court of Appeals held a habeas corpus petition is the proper remedy for a …
Article • May 15, 2007
No Counsel for Asthmatic Forced to do Field Work by The plaintiff alleged that he had been required to perform certain field work (hoeing on a dusty road, digging a ditch, and helping spread dirt) despite having asthma. However, prison officials did so only after consulting with medical personnel. The …
Article • May 15, 2007
Inability to Work Suit Dismissed by The plaintiff alleged that he was assigned to a job inappropriate to his medical condition. He filed repeated grievances, all denied. The district court said he didn't exhaust because his grievances were not considered on the merits because he didn't follow the rules, and …
Product Liability Suit by Prisoner Welder Dismissed by The plaintiff alleged that he was forced to weld with thoriated tungsten electrodes, which contain a radioactive substance, as part of his prison work assignment. He also smoked two packs a day for 45 years. The court performs a Daubert analysis and …
Article • May 15, 2007 • from PLN May, 2007
Guards Sue California DOC for Identity Theft by Prisoner Workers by Thirty-one guards from Pelican Bay State Prison (PBSP), California?s supermax lockup, filed suit on May 23, 2006 in Sacramento Superior Court against the California Department of Corrections and Rehabilitation following the discovery that PBSP prisoners had obtained guards? names, …
U.S. Supreme Court: Failure to Exhaust Remedies Is an Affirmative Defense Under the PLRA by John Dannenberg by John E. Dannenberg A unanimous U.S. Supreme Court held on January 22, 2007 that when a prisoner files an action governed by the Prison Litigation Reform Act (PLRA), the question of whether …
Article • May 15, 2007 • from PLN May, 2007
Florida's Prison Industry Practices Tightening by David Reutter by David M. Reutter Three years after its scathing report on the corporate nepotism that was lining the pockets of administrators of Florida's Prison Industries and Diversified Enterprises (PRIDE), Florida's Office of Program Policy Analysis and Government Accounting (OPPAGA) has issued a …
PLN Uncovers Secret Sweetheart Settlement Between PRIDE and Former Board Members by David Reutter by David M. Reutter In its continual effort to expose corruption within prisons, PLN has uncovered the confidential settlement between Florida?s Prison Rehabilitation Industries and Diversified Industries (PRIDE) and the corporations spawned by its former directors? …
Article • May 15, 2007
Retaliation for Prisoner's Inability to Work Violates 8th Amendment by The court of appeals for the Eighth circuit held that a district court improperly granted summary judgment to Arkansas prison officials. The appeals court held that the plaintiff's claim that he was retaliated against for filing the instant lawsuit was …
Article • May 15, 2007
Forcing Prisoner to Do Work He is Incapable of Performing Violates 8th Amendment by The court of appeals for the Eighth circuit held that a district court erred when it dismissed, for failing to state a claim, an Arkansas prisoner's lawsuit that alleged he was forced to do work he …
BOP Pays $7,000 in Pork Handling Suit by BOP Pays $7,000 In Pork Handling Suit The court of appeals for the Seventh circuit affirmed a district court's award of 17,000 in damages to a Muslim federal prisoner at Marion who was punished for refusing to handle pork due to his …
Article • May 15, 2007
Okay to Withhold Water from Prisoner Who Refuses to Work by The court of appeals for the Eleventh circuit held it was permissible for an Alabama prison guard to deny water to a prisoner who refuses to work. Ruling discusses the use of force to coerce prisoner labor. See: Ort …
Article • May 15, 2007
Prisoner Can't be Forced to Work Beyond Physical Means, Handle Items Forbidden by Faith by The court of appeals for the Eighth circuit held that a district court erred when it dismissed as frivolous an Arkansas prisoner's lawsuit that he was forced to do field work beyond his physical capacity. …
Article • May 15, 2007
Forcing Prisoner to Do Work He is Incapable of Performing Violates 8th Amendment by The court of appeals for the Eighth circuit held that a district court erred when it dismissed, for failing to state a claim, an Arkansas prisoner's lawsuit that alleged he was forced to do work he …
Article • May 15, 2007
No Right to UNICOR Employment by The court of appeals for the Seventh circuit held that federal prisoners at Marion had no statutory right to employment within the prison or at UNICOR, the federal prison industries program. The court held that the Marion lockdown did not violate the religious rights …
Driver's License Examiner Denied Qualified Immunity in Prisoner's Sexual Assault by The United States District Court for the Northern District of Oklahoma denied a former driver's license examiner summary judgment on grounds of qualified immunity in a case in which the examiner is charged with sexually assaulting a female work …
Article • May 15, 2007
Work Release Prisoners Are Employees Under Fair Labor Standards Act by The United States Fifth Circuit Court of Appeals, reversing a Louisiana U.S. District Court, held that in some situations a work release prisoner is an employee for purposes of the Fair Labor Standards Act (FLSA). Kevin Watson and Raymond …
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