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Former New Jersey Prison Social Worker Abuse Lawsuit Reinstated by A New Jersey appeals court has reversed a lower courts dismissal of a lawsuit filed by a former prison health care worker. Angela Hoag was a licensed social worker employed by Correctional Medical Services, Inc. and worked at Southern State …
Article • March 15, 2009
Washington DOC Guard Fired For Physically Assaulting Supervisor by Ex Washington State Department of Corrections guard John Merriman appealed his termination for physically assaulting his supervisor in 2003. The termination was upheld. Merriman began working at the Clallam Bay Corrections Center (CBCC) in 1994. In 2003, after seeing an entry …
Article • January 15, 2009
California Prisoner's Misdemeanor Battery Charge Statutorily Enhanced To Felony by The California Supreme Court determined whether a state hospital prisoner was subject to felony charges under § 2684 for attacking a non confined person. Joey Watson was found to be statutorily subject to felony charges. Watson was transferred to the …
Prosecutor Immune from Suit Where Charges Dropped on Appeal by The plaintiff was prosecuted and convicted of assault on a staff member and sentenced to an additional eight months in jail; on appeal the charges were dropped. The plaintiff sued the prosecutor and those who brought the charges. The prosecutor …
$250,000 Awarded To Virginia Guard After Stabbing By Prisoner Upheld by Virginia State pro se prisoner Lament Douglas appealed a prison guard's counterclaim grant and the dismissal of the denial of medical care allegations in a federal action resulting from a 1999 mutually injurious altercation. The judgment was affirmed. Douglas …
Summer of Discontent by John Dannenberg by John E. Dannenberg Underlying the purported societal goal of prisoner rehabilitation lurks the reality of what impedes it: systemic violence that defines the adversarial relationship between all men and women behind bars, prisoners and guards alike. Driven by racial animus, drugs, anger, gang …
PHS Not Liable for Prisoner Attack on Nurses by The plaintiffs were nurses employed by Prison Health Services, Inc., and were attacked and beaten by a prisoner. The Supreme Court's decision in Collins v. Harker Heights overrules prior authority suggesting that there might be a special relationship supporting liability in …
Article • January 15, 2008 • from PLN January, 2008
Utah Prisoner Kills Guard During Escape While on Medical Transport by David Reutter by David M. Reutter On June 25, 2007, a Utah state prisoner shot and killed a prison guard while escaping from a hospital where he had been taken to receive an MRI. The escape occurred at the …
$195,000 Paid to Family of Slain Florida Prison Guard by David Reutter by David M. Reutter The Florida Department of Corrections (FDOC) has agreed to pay $195,000 to the family of murdered prison guard Darla Kay Lathrem, 38. PLN previously reported the incident. [See: PLN, April 2006, p.42]. Lathrem was …
Amended Tennessee Statute Ruled Retroactive For Denial Of Records Request by Tennessee State death row prisoner Richard Taylor's attorney, Sabin Thompson, appealed a 1991 dismissal of a petition to compel the Internal Affairs Division (IAD) of the Department of Corrections (DOC) to produce records concerning Taylor's murder conviction, The records …
Article • September 15, 2007 • from PLN September, 2007
Maryland Closes Decrepit, Scandal-Plagued House of Correction by The dilapidated and violent relic known as the Maryland House of Correction (MHC) has finally closed. MHC?s remaining 842 prisoners were transferred on March 16, 2007. The most troublesome prisoners were moved to various federal prisons around the country; the rest were …
Management & Training Corp. Struggles to Maintain Market Share by Gary Hunter For-profit private prison operator Management & Training Corporation (MTC) has recently lost lucrative contracts to run prisons in the United States and Canada. While the private prison industry is dominated by industry giants Corrections Corporation of America, Geo …
Illinois Administrative Remedies Exhausted When Prison Officials Lost Grievance by The Seventh Circuit Court of Appeals has held that an Illinois prisoner ?took all steps necessary to exhaust? his administrative remedies when prison officials misplaced his timely grievance and did not instruct him to re-file an ?untimely grievance.? On March …
Oklahoma: Attacked Employee's Psychological Treatment Claim Compensable by The Supreme Court of Oklahoma held that an employee of a contract health care provider who was stabbed by a prisoner had a compensable psychological injury claim. Sandra Shivel, an employee of Wexford Health Sources (WHS), was attacked and physically injured by …
Article • May 15, 2007
Damages Reduced in CT Police Failure to Protect from Police Case by A jury awarded $2,000 compensatory and $200,000 in punitive damages in a case involving a police official's refusal to act on a request for protection from another police officer. The court concludes that some punitive damages are appropriate …
Chicago Jail Social Worker Punched In Face; Suspended For Speaking Out; Awarded $300,000 by Chicago Jail Social Worker Punched In Face; Suspended For Speaking Out; Awarded $300,000 In a dispute over a parking space on September 17, 2001, Cook County Jail guard Donald Keith punched jail social worker Virgean Houskins …
Sixth Circuit Finds No Deliberate Indifference in Prison Employee's Death by The U.S. Sixth Circuit Court of Appeals affirmed a district court's grant of summary judgment to officials of the Michigan Department of Corrections (MDOC) and the Huron Valley Men's Facility (HVMF) in a case alleging that a prison employee's …
Wyoming Prison Not Liable in Guard's Death by The court of appeals for the Tenth circuit upheld the dismissal of a § 1983 suit filed by the widow of a Wyoming prison guard killed by three escaping prisoners. The court held that the prison had no "special relationship" with the …
Article • May 15, 2007
SD Conviction for Spitting on Prison Guard Affirmed by Brian Schouten, a state prisoner, spat on a guard at the South Dakota State Penitentiary. He was convicted of a class 6 felony under SDCL 22-18-26 for the spitting incident, without being allowed to present evidence of his diminished capacity. On …
Article • May 15, 2007
Massachusetts: City Potentially Liable For Officer's Negligence by In this case involving a university police officer who was injured by an escaped prisoner, the Superior Court of Massachusetts denied summary judgment to the City of Worcester. The Court held that a jury could find the City's officer was grossly negligent …
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