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Article • August 12, 2016
BOP Settles Guards' Unfair Labor Practices Grievance for $120 Million by On August 10, 2000, the Federal Bureau of Prisons (BOP) settled for $120,363,105 a grievance filed by the Council of Prison Locals, American Federation of Government Employees (Council) on behalf of 33,982 current and former BOP guards alleging they …
Article • August 12, 2016
BOP Settles Guard's Racial Discrimination Complaint for $5,000 by David Eugene Weaver, who is black, filed a grievance with the federal Bureau of Prisons (BOP) and the Equal Employment Opportunity Commission (EEOC) complaining that a former supervisor discriminated against him on the basis of race while he was a GS-7 …
Article • August 12, 2016
BOP Settles Employee's Retaliation Lawsuit for $35,000 by David T. Lee was a GS-7 inmate systems officer at the FCI in Florence, Colorado when he applied to two GS-8 positions. He was not selected for either position. Believing the reason for this was racial prejudice, he filed a complaint with …
Article • August 12, 2016
BOP Settles Dyslexia Discrimination Complaints for $2,000 by In 1997, Douglas Lewis Urness was working as a GS-11, Step 4 Drug Treatment Counselor for the BOP in Yankton, South Dakota, when his supervisors allegedly discriminated against him due to his dyslexia. The discrimination took the form of supervisors allegedly complaining …
Article • August 12, 2016
BOP Reverses Termination of Disabled Guard in Settlement by Steven Dacey was a tenured Senior Officer (GS-07) at the BOP Federal Medical Center Devens in Ayer, MA, earning $41,000 a year when he was terminated on April 4, 2003. The reason for his termination was that he had not reported …
Article • August 12, 2016
Arkansas Supreme Court Upholds Conviction of Prisoner Who Strangled Cellmate by On September 17, 2015, the Supreme Court of Arkansas upheld the conviction of Arkansas state prisoner Robert T. Holland who was convicted of capital murder for strangling his cellmate and sentenced to death. Holland's appeal alleged the trial court …
Article • August 12, 2016
$750,000 in Damages and Attorney Fees Awarded in New York False Arrest Case by On July 2, 2015, a New York federal court entered a settlement judgement for $250,000 each in favor of two black men who were falsely arrested for two armed robberies and spent eleven months in jail. …
Article • August 12, 2016
$528,858 Federal Jury Award Against BOP in Racial Discrimination Case by On December 7, 2000, a federal jury awarded former federal Bureau of Prisons (BOP) employee Debbie E. Tickle $114,000 for loss of wages and $300,000 for emotional pain a suffering in a racial discrimination lawsuit she brought pursuant to …
Article • August 12, 2016
$15,000 Settlement in Case Manager's EEOC Action by On December 4, 2002, the federal Bureau of Prisons entered into a settlement agreement that paid a correctional treatment specialist (case manager) at the United States Penitentiary Lewisburg (USP) $15,000, restored him to his previous job and made other concessions. After Prison …
Rikers Island Excessive Force Monell Claims Survive Dismissal by Mark Wilson A New York federal court refused to dismiss Monell Claims in a Rikers Island excessive force case. On September 28, 2013, Bobby White was incarcerated at Rikers Island, when guard Marlene Ocasio sprayed him with a chemical agent and …
Article • August 12, 2016
Filed under: Parole, Parole Conditions
PV Arrest Qualifies for Oregon Resisting Arrest Conviction by Mark Wilson The Oregon Supreme Court held that arrest for a probation or parole violation qualifies as an arrest for Oregon's resisting arrest statute. In 2009, police stopped Curtis McClure and asked his name. McClure told them and asked if he …
Article • August 12, 2016
Filed under: Sentencing, Juveniles
Pennsylvania Supreme Court Finds Miller v. Alabama Not Retroactive by Mark Wilson The Pennsylvania Supreme Court held that the United States Supreme Court's ban on mandatory juvenile life without parole (LWOP) sentences does not apply retroactively. In 1999, seventeen year old Ian Cunningham shot and killed Daniel Delarge Jr., during …
Pennsylvania Arrest for Videotaping Cops Denied Qualified Immunity by Mark Wilson A Pennsylvania federal court held that police were not entitled to qualified immunity for "entering a family's home and arresting its owner for doing nothing more than attempting to videotape the officers' overreaction on her own property." Kia Gaymon, …
Article • August 12, 2016
Oregon Parole Board Requires Mental State Evidence Without Psychological Evaluation; No Due Process Right to State-Paid Evaluation by Mark Wilson The Oregon Court of Appeals held that prisoners do not have a due process right to a psychological evaluation at state expense for "rehabilitation hearings." Oregon prisoners convicted of Aggravated …
Article • August 12, 2016
No Oregon DNA Appeal Unless Testing is Denied or Limited by Mark Wilson The Oregon Court of Appeals held that prisoners do not have a due process right to a psychological evaluation at state expense for "rehabilitation hearings." Oregon prisoners convicted of Aggravated Murder are sentenced to life imprisonment with …
Article • August 12, 2016
No Due Process Right to Oregon Parole Witnesses or Cross-Examination by Mark Wilson The Oregon Court of Appeals rejected a facial challenge to a rule denying prisoners the right to call or cross-examine witnesses at parole hearings. When the Oregon Board of Parole and Post-Prison Supervision (Board) has established a …
Article • August 12, 2016
Filed under: Attorney Fee Awards
Ninth Circuit Upholds $697,971.80 in Fees on $27,280 Damage Award by Mark Wilson The Ninth Circuit Court of Appeals held that a lower court did not abuse its discretion in awarding $697,971.80 in attorneys' fees to a Plaintiff who was awarded only $27,280 in damages. Kim Muniz sued her employer, …
Article • August 11, 2016
New York Police IA Records in Camera Inspection Improperly Denied by Mark Wilson The New York Supreme Court, Appellate Division reversed a lower court's denial of in camera inspection of police internal affairs records in a wrongful death action. Christine Cea and others brought a state court wrongful death action …
Article • August 11, 2016
New York Man Paid $120,000 for Police Shove through Storefront Window by Mark Wilson A New York man was paid $120,000 to settle his claims that a police officer pushed him through a storefront window. On May 6, 2012, Brett Fasulo, 31, hailed a taxicab in Queens, New York. Soon …
Article • August 11, 2016
Fourth Circuit: No Qualified Immunity for Police Shooting Homeowner without Warning by The Fourth Circuit Court of Appeals affirmed the denial of qualified immunity to police who repeatedly shot a homeowner without warning. Just after 11 p.m., on May 2, 2007, a 911 call reported "that an altercation was occurring …
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