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Article • February 2, 2016 • from PLN February, 2016
Filed under: News in Brief
News in Brief by Alaska: Two prisoners walked away from the GEO Group-operated minimum-security Northstar Center, a transitional living facility near Fairbanks, in separate incidents on October 2, 2015. Steven David Luten, 30, absconded at around 11:00 a.m. but was tracked by his footprints in the snow and recaptured nearby. …
Undisclosed Monetary Settlement Follows Abandonment of Defense Blaming Juvenile for Rape by David Reutter In defending itself against a lawsuit brought by a juvenile who was raped by a guard, Louisiana’s Terrebonne Parish Juvenile Detention Center cast blame for the incident on the 14-year-old victim. The matter was resolved with …
Article • February 1, 2016
Ohio Prisoner Awarded $155,000 for Assault by Guard by An Ohio federal district court awarded $155,000 to a prisoner who was assaulted by a guard. While at the Lebanon Correctional Institution on November 28, 2011, prisoner Michael Williams was assaulted by guard Charles Lake. At the time of the assault, …
Article • February 1, 2016
Georgia Judge Issues $20,000 Sanction for Whistleblower Suit Discovery Violation by David Reutter A Georgia state court ordered the state Attorney General and head of the state ethics commission to each pay $10,000 as sanctions for discovery violations in a whistleblower suit filed by the former executive director of the …
Article • February 1, 2016
Ninth Circuit Upholds Modified Armstrong Injunction by Mark Wilson “Disabled inmates have been litigating to ensure that the State provides them with needed accommodation for over two decades – and yet the State still has a long, long way to go before it meets its obligation to these prisoners,” the …
Article • February 1, 2016
Nominal Damage Award Verdict Nets $197,505 in Attorney Fee Award by David Reutter A federal district court awarded $197,505 in attorney fees following a jury's nominal damage award after finding excessive force by guards upon detainees was a custom or practice at the Sacramento County Main Jail (SCMJ). The plaintiffs, …
Article • February 1, 2016
$10,000 Negligence Settlement for Ohio Prisoner by David Reutter The Ohio Department of Rehabilitation and Correction (ODRC) agreed to a $10,000 settlement in a prisoner’s lawsuit alleging injuries due to a guard’s negligence and failure to provide medical treatment. While working on a work crew at Lebanon Correctional Institute (LCI), …
Article • January 13, 2016
Pre-Litigation Attorney Solicitation Letters are Protected Legal Mail by The Sixth Circuit Court of Appeals upheld a preliminary injunction that requires officials at Michigan’s Livingston County Jail (LCJ) to deliver correspondence to prisoners marked “legal mail” from the ACLU. That ruling came in a lawsuit the ACLU initiated after LCJ’s …
Article • January 13, 2016
PLN’s Florida Censorship Suit Passes Summary Judgment Stage by David Reutter Florida Northern District federal court denied the cross-motions for summary judgment in PLN’s lawsuit challenging the Florida Department of Corrections (FDOC) impoundment and rejection of PLN based upon ad content. The current suit is not the first round of …
Ninth Circuit Keeps the Heat on California Prisons for Continuing ADA and RA Violations by Derek Gilna One could almost excuse the California Department of Corrections and Rehabilitation (CDCR) officials if they felt that the federal courts have them under special scrutiny, but the Ninth Circuit Court of Appeals has …
Article • January 13, 2016
$117,000 Settlement by New York Police for Excessive-Force “Replica Gun” Wrongful Arrests and Detentions by Derek Gilna Guillermo Zavalas, his wife Ileana, and two other families in the same apartment building have settled their federal civil rights complaint under 42 U.S.C. 1983 against the City of New York, the New …
Article • January 13, 2016
Illinois County Settles Pro Se Jail Conditions-of-Confinement Suit for $10,500 by Matthew Clarke In June 2013, St. Clair County, Illinois, settled a federal civil rights lawsuit brought by three former prisoners of the St. Clair County Jail alleging unconstitutional conditions of confinement at the jail. Each man received $3,500 in …
Article • January 13, 2016
California County and Corizon Settle Jail Prisoner Death Suit for $1 Million by Matthew Clarke In December 2013, Alameda County, California, and Tennessee-based Corizon Health, Inc. agreed to settle a federal civil rights lawsuit brought by a minor son of a Santa Rita Jail prisoner who died of a heart …
Article • January 13, 2016
New York Ex-Prisoner Awarded $700K for Slip and Fall by Lonnie Burton After a bifurcated bench trial on the question of damages only, a former New York state prisoner was awarded over $700,000 by a Court of Claims judge for injuries suffered after the ex-prisoner fell while exiting a prison …
Article • January 13, 2016
City of Jasper Settles Jail Beating Suit for $75,000 by Matthew Clarke In November 2013, the City of Jasper, Texas, settled a lawsuit brought by a young black woman who was allegedly beaten by police at the Jasper City Jail without justification. She received $75,000. Keyarika Diggles, a 25-year-old single …
Article • January 13, 2016
Baltimore Settles Lawsuit over Confiscation of Cell Phone Recording of Arrest by Derek Gilna The City of Baltimore has settled a lawsuit filed by a citizen at Pimlico Racetrack who filmed an arrest at the track and whose cell phone camera was confiscated by police. Christopher Sharp was told by …
Article • January 13, 2016
Settlement in Lawsuit Alleging Kentucky Jail Allowed Prisoner to Die From Untreated Diabetes by David Reutter A confidential settlement was reached on July 30, 2013 in a lawsuit stemming from the death of a pre-trial detainee from untreated diabetes while held at Kentucky’s Whitley County Detention Center (WCDC). Ronald S. …
Article • January 13, 2016
Fifth Circuit Holds No Bivens Action Available for Immigration Arrests by Two undocumented immigrants who were subjected to traffic stops and arrested by federal Customs and Border Patrol agents far from the border filed Bivens actions against the agents including claims of due process violations, requests for relief under the …
Article • January 13, 2016
Fifth Circuit Affirms Dismissal of Former Louisiana Deputy’s Whistleblower Suit by When attorney and former Chief Deputy Tregg Wilson of the Sheriff's Office of St. John the Baptist Parish, Louisiana discovered that interrogation rooms in the office's Criminal Investigation Division were under 24-hour, motion-sensor-activated video and audio surveillance and recording, …
Article • January 12, 2016
Texas Counties Still Stuck With Empty Public-Private Prisons by Matthew Clarke By Matt Clarke It was a bad deal for Texas cities and counties when, prison-construction entrepreneurs talked them into building publicly-financed prisons, for private corporations to operate; housing a surplus of prisoners at a profit. The counties went deep …
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