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Article • May 19, 2014 • from PLN May, 2014
Massachusetts DOC, Hospital Officials Disciplined in Prisoner’s Death by Derek Gilna Massachusetts DOC, Hospital Officials Disciplined in Prisoner’s Death   by Derek Gilna   An investigative report ordered by Massachusetts Governor Deval Patrick into what he termed the “disgusting” death of a mentally-ill prisoner at Bridgewater State Hospital found not …
Hernandez v. Perez, IL, Settlement, Failure to Protect, 2014 SETTLEMENT AGREEMENT AND MUTUAL RELEASE Jesus Hernandez v. Sheriff Patrick Perez, et al. ND IL Case No. 13 CV 7605 This Settlement Agreement and Mutual Release ("Agreement") is made on this the -~-th day of @'t, 2014, between Jesus Hernandez and …
Article • April 15, 2014 • from PLN April, 2014
Burden-Shifting Jury Instruction Requires New Trial in Prisoner's Lawsuit by The Seventh Circuit Court of Appeals has ordered a new trial in a civil rights action that alleges a prisoner was subjected to improper strip searches to humiliate him, then was subjected to an “especially protracted, gratuitous and humiliating strip …
Article • April 15, 2014 • from PLN April, 2014
Oklahoma Jailers Not Immune from Excessive Force Claims by The Oklahoma Supreme Court has held that jail officials are not immune from liability for excessive force claims under the Oklahoma Governmental Tort Claims Act (OGTCA). On May 17, 2011, Daniel Bosh was detained at the Cherokee County Detention Center for …
Article • April 15, 2014 • from PLN April, 2014
Kitchen Supervisor Gets Prison Time for Sexually Abusing Two Prisoners by A civilian prison employee’s sexual abuse of two prisoners at a federal facility in Phoenix, Arizona was made public after an FBI surveillance camera captured the lascivious details of their ménage à trois. According to a rather explicit criminal …
Article • April 15, 2014 • from PLN April, 2014
Qualified Immunity Denied to Michigan Guard for Improper Strip Search of Amputee Prisoner by The Sixth Circuit Court of Appeals affirmed the denial of qualified immunity to a Michigan prison guard who allegedly strip searched a prisoner without a legitimate penological reason for doing so. The appellate court also vacated …
Sexual Abuse by Oregon Jail Guard Nets Probation; Defense Attorney Blames Victim by A former Oregon jail guard was sentenced to probation for sexually abusing a female prisoner after pleading guilty to a misdemeanor charge; his defense attorney blamed the incarcerated victim while the prosecutor defended the light sentence. The …
USA v Pendergrass, NY, Complaint, Rikers Island guard beating Echevarria, 2014
Ninth Circuit Holds Staff Sexual Abuse Presumed Coercive; State Bears Burden of Rebutting Presumption by The Ninth Circuit Court of Appeals has held that a district court erred when finding a prisoner could not state an Eighth Amendment sex abuse claim because he “consented” to a relationship with a prison …
Lawsuits filed over Oregon Jail Death by The mother of a deceased prisoner has sued jail and hospital officials over the death of her son at the Marion County Jail (MCJ) in Salem, Oregon. On June 14, 2010, Robert Haws was arrested for several criminal offenses and a probation violation, …
Article • March 15, 2014 • from PLN March, 2014
California County Not Liable for Misconduct of Jail Guard Not Acting within Scope of Employment by On April 3, 2013, the California Court of Appeal held that a county is not liable for damages arising out of the misconduct of one of its jail guards when such misconduct is deemed …
Article • March 15, 2014 • from PLN March, 2014
Taylor County, Texas Rarely Disciplines Jailers by Compared to scandals at the Harris County Jail in Houston – where guards have assaulted and had sex with prisoners, mistakenly released prisoners and abandoned their posts to play dominos [see: PLN, Sept. 2013, p.23] – problems at the Taylor County Jail in …
Article • March 15, 2014 • from PLN March, 2014
Oregon Jail Guard Quits, Divorces Wife for Former Prisoner by "I crushed a dude’s eye socket from repeatedly punching him in it, then I charged him with menacing and harassment,” bragged Multnomah County, Oregon jail guard David B. Thompson in one of more than 1,700 messages he posted on an …
Alabama Sheriff Made Party on Counterclaim Alleging Prisoners Subjected to Sexual Abuse by The Alabama Supreme Court has held that a third party to a lawsuit may be made a party when a counterclaim is filed. The Court also held a sheriff named as a defendant was not entitled to …
Brief • March 7, 2014
Abney v Younker PA DOC Order on Motion to Dismiss Assault Battery by Officials 2014 Case 1:13-cv-01418-YK-SES Document 56 Filed 03/07/14 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CLARENCE ABNEY, Plaintiff v. CALEB YOUNKER, et al., Defendants : : : : …
Violence, Security Lapses and Media Attention Lead to Reforms at Georgia Prison by David Reutter A series of investigative news reports by Chattanooga Times Free Press reporter Joy Lukachick, published from February to December 2013, revealed numerous problems in Georgia’s prison system – particularly at Hays State Prison (HSP), located …
Article • February 15, 2014 • from PLN February, 2014
Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity by The Tenth Circuit has affirmed the denial of qualified immunity to a warden in a civil rights action that alleged he created and allowed a policy or culture of sexual misconduct and failed to take reasonable measures to abate that …
Article • February 15, 2014 • from PLN February, 2014
Pennsylvania Jail Official Indicted for Groping Co-workers by Christopher Zoukis Ronald Edward Lensbouer, 44, the Chief Corrections Officer at a jail in Somerset County, Pennsylvania, faces charges of indecently assaulting two female guards at the facility. According to court records, Lensbouer was charged on June 5, 2013 in two separate …
Article • February 15, 2014 • from PLN February, 2014
PA Prison Lieutenant Fired After Assisting in Criminal Investigation by A former Pennsylvania prison lieutenant might now have a better understanding as to why many prisoners refuse to assist in criminal investigations. In January 2011, Lt. Vincent Schaffer, 45, then a unit manager in F Block at SCI-Pittsburgh, was approached …
Eighth Circuit: No Qualified Immunity for Excessive Use of Force, Retaliation by The Eighth Circuit Court of Appeals has affirmed a district court’s denial of qualified immunity on a prisoner’s retaliation and excessive force claims. On July 26, 2008, Missouri prisoner Victor Santiago faced administrative segregation for failing to report …
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