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Article • January 15, 2005 • from PLN January, 2005
HIV Is Occupational Disease for Connecticut Prison Guards by HIV is Occupational Disease for Connecticut Prison Guards The Connecticut Supreme Court held that the human immunodeficiency virus (HIV) is an occupational disease for prison guards who are members of prison emergency response units. The court also held that the estate …
Article • December 15, 2004 • from PLN December, 2004
Washington Prison Labor Program Struck Down by Paul Wright by Roger Smith & Paul Wright In a rare reversal of its own prior ruling, the Washington state supreme court has ruled that the Washington Department of Corrections (DOC) must stop "letting out" convict labor to private businesses. The court found …
Article • December 15, 2004 • from PLN December, 2004
Filed under: Work, Prison Industries
California Prisons' Joint-Venture Program Under Statewide Court Injunction by John E Dannenberg by John E. Dannenberg On February 17, 2004, the Superior Court of San Diego County entered a two-year injunction against the State of California and its state prison Joint Venture prison-labor contractors, requiring compliance with the California Labor …
Texas Prisoner's Retaliation Claim Survives Summary Judgment by The U.S. Court of Appeals for the Fifth. Circuit reversed a district court's dismissal of a prisoner's complaint that prison officials retaliated against him for exercising his right to file a grievance. Robert Hart, 38, is a prisoner at the 2,800-man Albert …
Article • September 15, 2004 • from PLN September, 2004
Washington Jail Trustees Entitled to L&I Benefits by Division 3 of the Washington State Court of Appeals (Div. 3) has ruled that county jail trustees who are hurt while performing their duties are entitled to benefits from Labor & Industries (L&I) under RCW § 51.12.035 et seq. In July of …
Article • September 15, 2004 • from PLN September, 2004
New York State Prisoner Awarded $30,000 for Work Related Injuries by On December 17, 2003, a state court of claims in White Plains, New York, awarded state prisoner Jose Santos $30,000 for injuries he sustained while working in the industrial-unit paint shop at the Fishkill Correctional Facility. In his lawsuit, …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Work, Prison Labor
California's Budget Secret: Prisoners Form Core of Forest Fire Fighting Army by Peter Wagner California's Budget Secret: Prisoners Form Core of Forest Fire Fighting Army by Peter Wagner In California, up to three quarters of the crew members fighting California fires are prisoners. In exchange for a reduction in sentence …
Article • June 15, 2004 • from PLN June, 2004
California Prisoner Not Earning Wages Is Denied Workers' Comp by John E Dannenberg California Prisoner Not Earning Wages is Denied Workers' Comp. by John E. Dannenberg The California Court of Appeals held that a prisoner injured on his job in the prison laundry was entitled to a $0.00 Workers' Compensation …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Work Release, Work, Prison Labor
Arkansas Work Release Prisoner Entitled to Unemployment Benefits by The Arkansas Court of Appeals, Division, II, held that a work release prisoner who loses his job as a result of a transfer to a prison to prepare him for parole is entitled to unemployment benefits as a result of losing …
Brief • June 7, 2004
Filed under: Work, HIV/AIDS
Gates v. Barbour, MS, Order, HIV Work Release Placement, 2004 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION NAZARETH GATES, ET AL., PLAINTIFFS VS. 4:71CV6-JAD HALEY BARBOUR, ET AL., DEFENDANTS CONSOLIDATED WITH DAVID D. MOORE, AT AL., PLAINTIFFS VS. 4:90CV125-JAD KIRK FORDICE, ET AL., …
Certification for Interlocutory Appeal Order Discussed in California Prison Labor Suit by A California federal district court has declined to certify an order for interlocutory appeal because the factual and legal issues in this case are not complex and will not necessitate protracted and expensive litigation. Richard P. Loritz, II, …
Kansas Grievance Procedures Inapplicable in Negligence Action by The Kansas Court of Appeals held that a state prisoner was not required to follow prison grievance procedures to exhaust administrative remedies before filing a negligence action. The court also held that the prisoner was not required to: file his claim with …
Article • May 15, 2004 • from PLN May, 2004
Virginia Prison Vendors Lose Contracts to Out-of-State Supplier by Gary Hunter Three Virginia retailers who made their money from prisoner earnings now find themselves in financial trouble. In August 2003, when the Virginia Department of Corrections (DOC) relinquished management of prison commissaries to St. Louis-based Keefe Supply Co., three Virginia …
Article • May 15, 2004 • from PLN May, 2004
Filed under: Prison Labor, Medical
Colorado Slammed by West Nile Virus But Ignores Prisoners by Bob Williams Loren Gasiorowski, 41, awoke one morning with a big mosquito bite on his forearm and one on his shoulder. Within days he couldn't leave his cell. After being sick for two weeks he couldn't take it any more. …
Disabled Missouri Prisoner Awarded Backpay after Passing GED Test by The U.S. District Court for the Eastern District of Missouri found that a disabled prisoner was entitled to backpay because he was not reassigned to a premium pay job after he successfully passed the GED test. James Arlt Jr, a …
Disarray in Colorado: Prisoners Hurt by Host of Problems by Bob Williams Society is dynamic, in a state of con-stant flux where change is the only constant, but recent changes in Colorado are turning up the pressure in Colorado's prison system. Prisoner pay has been nearly eliminated while hygiene items …
Article • April 15, 2004 • from PLN April, 2004
New York Prisoner Awarded $435,000 in Tire Accident by New York Prisoner Awarded $435,000 in Tire Accident On June 10, 2003, the Court of Claims in Rochester, New York, awarded $435,000 for pain and suffering to a New York prisoner who was injured when a forklift tire exploded in his …
Escaped New Hampshire Prisoners Caught Camping by Gary Hunter Three escaped New Hampshire pris-oners were captured at a Massachusetts campground just one day after their daring daylight getaway. Kevin Gil, Philip J. Dick and Christopher McNeil negotiated their temporary freedom from New Hampshire State Prison (NHSP) in Concord by cutting …
Article • February 15, 2004 • from PLN February, 2004
Filed under: Work, Prison Labor
Exceeding Doctor's Work Limit Order Actionable Under Eighth Amendment by The Fifth Circuit U.S. Court of Appeals held that prison officials' forcing of a prisoner to work in excess of a four hour doctor-established daily limit, resulting in dangerous blood pressure elevation, was sufficient to state an Eighth Amendment civil …
California DOC Under Fire For Ex-Con Job Placements by Lonnie Burton In March 2003, California lawmakers launched an investigation seeking information as to why the state Department of Corrections (DOC) assisted in placing former prisoners in jobs that were termed questionable and inappropriate. DOC officials were called to testify and …
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