Pennsylvania Jail Detainee's Complaint over Tight Ankle Monitor Survives Motion for Summary Judgment by In April 2009, the U.S. District Court for the Eastern District of Pennsylvania ruled that "so many genuine disputes of material fact" existed with respect to a jail detainee's complaint alleging violations of his First and …
Class-Action Settlement Cures Constitutional Violations at Pennsylvania Prison by A settlement has been reached in a class-action lawsuit challenging conditions at Pennsylvania’s Northumberland County Prison (NCP). Since the suit was filed in February 2008 on behalf of 12 prisoners by the Lewisburg Prison Project, NCP officials had disputed claims that …
Pennsylvania Prison Guard Convicted in Drug Probe, Testifies Against Coworkers by Former Luzerne County Correctional Facility guard John Gonda, known as “G-Unit,” was the subject of an investigation called Operation Avalanche after authorities received tips he was selling “large quantities [of drugs] in the Wilkes-Barre area.” The probe targeted the …
Judge, Not Jury, Must Resolve Questions about Administrative Exhaustion by Factual disputes surrounding whether a prisoner properly exhausted administrative remedies under the Prison Litigation Reform Act (PLRA) prior to filing suit must be resolved by the court, not a jury, the U.S. Court of Appeals for the Second Circuit held …
$500,000 Settlement in Pennsylvania Jail Prisoner’s Medical-Related Death by A $500,000 settlement has been reached in a federal lawsuit involving the death of a prisoner at Pennsylvania’s Fayette County Prison. Terry Johnson, 48, died in his cell in February 2007 after he was denied medical care. The suit, filed by …
Pennsylvania County Prisons Not Reporting Critical Incidents by The Pennsylvania Department of Corrections (PDOC) requires county prisons to submit monthly “extraordinary occurrence” reports as part of the department’s duty to inspect local lock-ups and identify deficiencies. However, the accuracy of the self-reported data has been faulty in some cases and …
Pennsylvania Businessman Sentenced to 18 Months in “Kids for Cash” Kickback Scandal by In November 2011, a Pennsylvania U.S. District Court sentenced the former owner of two for-profit juvenile detention centers to 18 months in prison for his role in a kickback scheme that included two judges. The scandal, involving …
Pennsylvania Prisoner’s $185,000 Jury Award Reduced to $75,005 by Matthew Clarke by Matt Clarke On June 7, 2011, a Pennsylvania federal judge issued an order reducing a prisoner’s jury award for destruction of legal materials to $75,005. The award had previously been reduced from $185,000 to $115,000. Andre Jacobs, a …
Third Circuit: § 2241 is Proper Vehicle for BOP IFRP Challenges by Mark Wilson Third Circuit: § 2241 is Proper Vehicle for BOP IFRP Challenges by Mark Wilson The Third Circuit Court of Appeals held on December 2, 2010 that a federal habeas corpus petition under 28 U.S.C. § 2241 …
Court Compels Discovery in Pennsylvania MRSA Death Case by In a federal action stemming from the MRSA and/or staph infection related deaths of two Allegheny County Jail prisoners, a Pennsylvania federal court granted Plaintiff's motion to compel discovery from Allegheny County Health Services, Inc. The court rejected Defendants' blanket claim …
Former Pennsylvania Guards Settle Retaliation Suits for $675,000 by Two former Pennsylvania jail guards settled their retaliation claims for $675,000. Lieutenants John Barry and Genevieve Butczynski were employed by Pennsylvania's Luzerne County Prison. In October 2003 both guards made critical comments in a news story which detailed problems at the …
Philadelphia Woman Detained 54 Days as Material Witness Settles for $275,000 by The Philadelphia District Attorney's Office paid a witness $255,000 to settle her claims that she was illegally detained for 54 days. Nicole Schneyder was a critical witness against Michael Overby in a 1990 rape and murder. Overby's first …
Third Circuit Troubled by Courtroom Shackling of Prisoners by The Third Circuit Court of Appeals expressed concern about shackling prisoners during a civil jury trial. However, the court concluded that any error was harmless, given a cautionary jury instruction. Anthony Sides was a prisoner at Pennsylvania's SCI Greene Correctional Facility, …
Third Circuit Vacates Dismissal of Pennsylvania Prisoner’s Retaliation Claim by The Third Circuit Court of Appeals reversed summary judgment for prison officials on a Pennsylvania prisoner's retaliation claim. Patrick Toussaint is a prisoner of the State Correctional Institution at Cresson, Pennsylvania. In 2005, he brought federal suit alleging retaliation, denial …
Gas Drilling Awareness v. Powers, PA, Amended Complaint, Activists Tagged 'Terrorists' - 2012 Case 1:10-cv-01997-WWC Document 73 Filed 05/07/12 Page 1 of 44 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA GAS DRILLING AWARENESS COALITION : : : Plaintiff, : : vs. : CIVIL ACTION : JAMES F. POWERS, JR., …
Gartrell v. FBOP, PA, Gartrell Expert Policy Proposal, RFRA Bivens Action Muslim prayer times and locations, 2012 CONFIDENTIAL SUBJECT TO FRE 408 FOR SETTLEMENT PURPOSES ONLY Isadore Gartrell v. Federal Bureau of Prisons, et al. FCI Schuylkill Muslim Prayer Policy Proposal This Muslim Prayer Policy Proposal sets forth alternatives to …
Gartrell v. FBOP, PA, Settlement Agreement, RFRA Bivens Action Muslim prayer times and locations, 2012 555 Eleventh Street, NW., Suite 1000 Washington, D.C. 20004-1304 Tel +1.202.637.2200 Fax +1.202.637.2201 www.lw.com LATH AM&WAT KIN SLLP April 16, 2012 Ronald Reagan Federal Building Suite 220 228 Walnut Street P.O. Box 11754 Harrisburg, PA …
Pennsylvania Parole Board May Not Condition Parole of Sex Offender on Admission of Guilt Due to Ex Post Facto Violation by The Third Circuit Court of Appeals has held that in denying parole to convicted sex offender Louis Mickens-Thomas for his refusal to participate in a sex offender program that …
Court Finds Pennsylvania Jail’s Phone Bidding Process was Rigged; Contract Awarded to Another Company by The bidding process used to select the telephone contractor for Pennsylvania’s Allegheny County Jail (ACJ) was rigged by an official previously accused of improperly influencing a prior phone contract at the jail. That was the …
