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Showing Of Malice Under Eighth Amendment Excessive Force Test Not Required For Sexual Assault Claim by Ronald Young By Ronald Young The court of appeals for the Tenth Circuit held that it was plain error to instruct a jury that, to find a prison guard liable on excessive force claim …
Women in Prison: GAO Report by Julia Lutsky Reviewed by Julia Lutsky During the calendar years 1995 to 1998, approximately 31,400 women prisoners in the three largest U.S. jurisdictions made a total of 506 allegations of staff sexual misconduct; of these only 92, or 18 percent, were sustained. "Because many …
New York Jail Guards Charged with Raping Prisoners by New York Jail Guards Charged With Raping Prisoners On January 26, 2000, Westchester county, New York, jail guards Carlos Aldarondo, 33, Javier Corona, 31, Michael Downey, 39 and Robert Escalera, 39, were charged in Westchester county court with assorted felony charges …
Exhaustion Not Required for Claims of Assault by A federal district court held that the Prison Litigation Reform Act's (PLRA) exhaustion requirement does not apply to assault claims. It also held that a cause of action under the Violence Against Women Act, (VAWA), is analogous to a cause of action …
City Liable for Jail Sex Shows and Nude Dancing by PLN has extensively reported on the prevalence of sexual assault and sexual harassment of women prisoners in District of Columbia prisons and jails. In "Our Sisters Keepers," by Daniel Burton Rose, [PLN, Feb. 1999] we reported on women prisoners in …
Guards Fired in Massachusetts Sex Abuse Cases by Four guards were fired from the Suffolk County House of Correction in Boston in August and October 1999 on charges that they had sexual contact with female prisoners. One of the prisoners became pregnant in what was described by the Boston Globe …
Virginia DOC Says 'No Pattern' of Sexual Abuse by In 1999 the Virginia Department of Corrections conducted an internal review of 44 complaints of sexual assault, harassment and fraternization between prisoners and staff of the Fluvanna Correctional Center for Women, all since the prison opened in April 1998. Even though …
$4.1 Million Award In Suit Over Sexual Assault of Prisoners by Official by $4.1 Million Award In Suit Over Sexual Assault of Prisoners By Official by Matthew T. Clarke A federal district court in Texas has awarded two female prisoners who were the victims of sexual assault by a prison …
Michigan Legislature Kills Class Action Suit by Female Prisoners by Maia Justine Storm In March, 1996, seven women pris- oners filed suit in the Washtenaw County Circuit Court against the Michigan Department of Corrections, Director Kenneth McGinnis, and ten individual wardens and officers. (96-6986 CZ) The complaint alleged that the …
CCA Facility Cited for Sex Scandal by On Sept. 17, 1999, Colorado Dept. of Corrections officials confirmed that they are investigating allegations of brutality, sexual misconduct and drug trafficking involving guards at the CCA-operated Kit Carson Corr. Facility in Burlington, which houses around 650 state prisoners. The investigation began in …
Michigan DOC Settles DOJ Sexual Abuse Lawsuit by Maia Justine Storm This past May, the Michigan Department of Corrections (MDOC) agreed to settle a lawsuit filed by the U.S. Department of Justice (DOJ) which alleged a pattern and practice of sexual misconduct and invasions of privacy at the women's prisons …
1999 Washington State Legislative Roundup by The 1999 Washington legislature created or amended far too many statutes of interest to our readers to adequately summarize, but here are some highlights: Custodial Misconduct makes it a class C felony for an employee or contract personnel of a correctional agency [or] law …
Private Transportation Company Liable Under 42 USC § 1983 by Private Transportation Company Liable Under 42 USC § 1983 A federal district court in Colorado held that alleged sexual assaults committed by an employee of a private transportation company, under contract with the state Department of Corrections, were committed under …
Arizona DOC Settles Sexual Abuse Suit by On March 11, 1999 the Arizona Dept. of Corrections (ADOC) agreed to settle a lawsuit filed by the U.S. Dept. of Justice (DOJ) which alleged that state prison officials failed to protect female prisoners from systemic sexual abuse, misconduct and harassment by guards. …
ADOC Settlement Terms by -Additional staff training on sexual misconduct and prisoner privacy issues. -Implementation of a program to inform the state's 1,810 female prisoners about their rights. -Requiring all male prison employees who may be alone with a female prisoner to notify a supervisor. -Providing two 15-minute periods a …
Wreaking Medical Mayhem in Washington Prisons by Tara Herivel In 1993, prisoner Gertrude Barrow crawled to the clinic at the Washington Corrections Center for Women. Her peptic ulcer ruptured, Barrow's requests for treatment had been dismissed by health care staff who diagnosed her ulcer as a bad case of gas. …
Warden Used "Force" in Sexual Assault by Warden Used "Force" in Sexual Assault Walter Lucas was Acting Warden of the River County Jail in River City, Mississippi, when he asked a male prisoner to act as lookout so that he could take care of some "business" with a female prisoner …
Private Prison Guard Is State Actor for § 1983 Purposes by Private Prison Guard is State Actor for § 1983 Purposes Afederal district court in New Mexico held that a guard employed by Corrections Corporation of America was a "state actor" acting under "color of state law" when he allegedly …
Doe v. Wackenhut Corrections, TX, Complaint, Juvenile Prison Misconduct, Guard Rape and Abuse, 1999 Case 3:99-cv-01319 Document 1 Filed 03/12/1999 Page 1 of 26 Case 3:99-cv-01319 Document 1 Filed 03/12/1999 Page 2 of 26 Case 3:99-cv-01319 Document 1 Filed 03/12/1999 Page 3 of 26 Case 3:99-cv-01319 Document 1 Filed 03/12/1999 …
Victim of Guard Rape Awarded $50,000 by The court of appeals for the Eighth Circuit held that a continuing, widespread, and persistent pattern of sexual activity between the guards and prisoners of the Jackson County (Missouri) jail, coupled with the county's custom of inaction towards allegations of sexual misconduct by …
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