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Article • August 2, 2016 • from PLN August, 2016
Filed under: News in Brief
News in Brief by Arkansas: Two guards were placed on paid leave after they shot and killed prisoner Christopher Wilson during an April 7, 2016 escape attempt from the Varner Unit of the Arkansas Department of Correction. According to DOC spokesperson Solomon Graves, “Officers gave [Wilson] a demand to cease …
Article • August 1, 2016
EEOC Finds White Male BOP Guard Discriminated Against in Promotion Denial by An Administrative Law Judge with the Equal Employment Opportunity Commission found The Bureau of Prisons discriminated against Samuel M. Rissitelli, Jr., “on the basis of his gender (“Male”) and race (“White”)” when he “was not selected for the …
Due Process Triggered by Seizure from Home to Prison Confinement by In affirming a grant of summary judgment on qualified immunity grounds, The Sixth Circuit Court of appeals held that for purposes of due process and unreasonable seizure protections, home confinement differs materially from in prison confinement.  Because that right …
Article • August 1, 2016
Filed under: Court Access
Dismissal of Some Defendants in Civil Case Not Final Order by The Sixth Circuit Court of Appeals held it does not have jurisdiction over an appeal challenging the dismissal of some, but not all, defendants in a civil proceeding. Michigan prisoner Michael A. Kitchen filed a civil rights action against …
Discriminatory Firing of BOP Results in Jury Verdict, Settlement of $280,000 by A California federal jury found the Bureau of Prisons (BOP) liable for discrimination against a former investigative lieutenant.  The parties eventually settled the matter for $280,000. Isaac A. Asberry, a black male, worked for over 17 years at …
Denver Settles Suit over Sanctioned Assaults of Prisoner for $3.5 Million by On July 24, 2014, the City and County of Denver, Colorado signed off on a $3.5 million settlement of a federal civil rights lawsuit brought by a prisoner who was allegedly beaten and scalded with steaming water by …
Denial of Qualified Immunity Requires Detailed Order by The Eighth Circuit Court of Appeals remanded an Arkansas federal district court’s order denying US. Marshals qualified immunity on summary judgment. At issue was a lawsuit brought by James Clayton Solomon, who was transferred from the Oklahoma City Federal Transfer Center to …
Article • August 1, 2016
California Police Pay $4.7 Million in Shooting of Unarmed Men: Refuse to Release Video by The City of Gardena, California, paid $4.7 million to settle a lawsuit involving the shooting death and wounding of two unarmed men.  The case illustrates problems with the failure of police to release video evidence …
Article • August 1, 2016
California City Settles Fatal Police Shooting Suit for $2.2 Million by On April 7, 2014, the City of Manteca, California settled a lawsuit over an allegedly unjustified fatal police shooting for $2.2 million. Parolee Ernesto Duenez, Jr., 35, was sitting in a pickup truck along with his friend, Rudy Camarena …
Article • August 1, 2016
Broward County Jail Conditions Subject to Consent Decree by The Broward County Sheriff entered into a consent Decree to settle a class action lawsuit challenging the conditions at the County’s jails. The suit, filed in 1976, resulted in the federal district court overseeing the litigation to determine the conditions of …
Article • August 1, 2016
BOP’s Guard’s Termination Reversed for Suspension; Back Pay Awarded by The U.S. Merit Systems Protection Board mitigated the termination of a guard charged with two “failure to report” violations, reducing the penalty to a 30 day suspension and ordering back pay and benefits. Richard Andert was a guard at the …
BOP Settles Sexual Harassment Suit for $1,000 by The Federal Bureau of Prisons (BOP) paid $1,000 to settle a sexual harassment lawsuit filed by a female guard at the Federal Medical Center in Minnesota. Guard Beth Koenck alleged that in 1992 and 1993 guard Scott Christensen subjected her to “unwanted …
Article • August 1, 2016
BOP Settles Guards Firing by Allowing Disability Retirement by The federal Bureau of Prisons (BOP) agreed to modify the date of a decision letter to allow a terminated guard to seek disability retirement to settle a complaint with the Merit Systems Protection Board. Edward E. Wolfe was a guard at …
Article • August 1, 2016
Filed under: Food
BOP Reaches Settlement with Prisoner who Suffered Food Poisoning by The Bureau of Prisons (Bop) agreed to a settlement in a lawsuit brought by a prisoner who suffered food poisoning. While at USP Marion in Illinois, prisoner Charles B. Anderson was served a hot entrée of chicken on June 2, …
Article • August 1, 2016
BOP Promotes Employee to Settle EEOC Complaint by The federal Bureau of Prisons (BOP) agreed to promote an employee at FCI Yazoo in Mississippi to settle an Equal Employment Opportunity Complaint alleging discrimination based on race. Barbara Sullivan, who is white, was employed as a Medical Secretary GS-6 at FCI …
Article • August 1, 2016
Filed under: Failure to Treat
BOP Prisoner Receives $5,000 Settlement for Medical Care Claim by The federal Bureau of Prisons paid $5,000 to settle a prisoner’s civil rights action claiming deliberate indifference to his medical needs. Prisoner Herman Resnick claimed that while at U.S. Penitentiary Lompoc in California in 1998 he was denied two pairs …
BOP Pays $340,000 in SHU Cellmate Assault by The federal Bureau of Prisons (BOP) agreed to a $340,000 settlement in a lawsuit brought by a prisoner who was assaulted upon being moved into a Special Housing Unit (SHU) cell. Prisoner Brendan Reilly was incarcerated at the Metropolitan Correctional Center, now …
Article • August 1, 2016
Filed under: Injury -- Misc.
BOP Pays $80,000 in Slip and Fall Incident by The federal Bureau of Prisons paid $80,000 to settle a Federal Tort Claims Act action arising from a slip and fall incident at FCI Milan. Melinda Sexton was a business invitee at the prison on January 31, 1997, “when she slipped …
BOP Pays $75,000 to Settle Negligence Suit in Prisoner’s Death by The federal Bureau of Prisons paid $75,000 to settle a Federal Tort Claims Act action alleging negligence in the death of a prisoner. The complaint alleged that Harold Good Voice Flute was held at FCI Sandstone in Minnesota when …
Article • August 1, 2016
BOP Pays $65,000, Awards Leave Time, and Provides Accommodation in EEOC Claim by The federal Bureau of Prisons paid $65,000 to settle an employee’s Equal Employment Opportunity Commission complaint claiming it failed to accommodate his disability.  BOP also restored over 900 hours of leave and provided accommodating employment. Joel Goodman …
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