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Nevada DOC’s Ban on Male Supervisors at Women’s Prison Invalidated by The Ninth Circuit Court of Appeals invalidated a Nevada prison policy barring male employees from holding certain supervisory positions at a women’s prison. Circuit Judge Marsha S. Berzon delivered the opinion, holding that the ban violated Title VII of …
Article • November 15, 2011
$7.25 Million Settlement over New York DOC Guard's Suicide Attempt by The City of New York Department of Corrections (CNYDC) reached a $7.25 million settlement with a former guard who alleged she was negligently allowed to retain the department issued firearm that she used for an attempted suicide. Both parties …
Article • November 15, 2011
Appeals Court Upholds $250,000 Damage Award in Federal Worker's Civil Rights Case, Expert Testimony Not Required to Corroborate Claim of Emotional Distress by The Third Circuit U.S. Court of Appeals has upheld the award of $250,001 to Russell Bolden, who was discharged from his position at Southeastern Pennsylvania Transportation Authority, …
California: Prisoners May Be Transferred Out of State To Alleviate Severe Prison Overcrowding by In 2008, the California Court of Appeal upheld the Governor's authority, under the California Emergency Services Act (Government Code, § 8550 et seq.), to proclaim a state of emergency because of severe overcrowding in the state's …
Article • November 15, 2011
CDCR Cannot Avoid Paying Officers in Training by In a case of purely statutory construction, the Fourth District Court of Appeal held in June 2011 that Penal Code § 13602, subd. (a), authorizes California Department of Corrections and Rehabilitation (CDCR) employment training for correctional peace officers at its academies in …
Article • November 15, 2011
D.C. Circuit Reverses Arbitration Discussion for Guards by On July 8, 2011, the U.S. Court of Appeals for the D.C. Circuit set-aside an arbitration award obtained by federal prison guards against the Bureau of Prisons (BOP). In order to cut down on overtime costs, the BOP in 2004 reconfigured the …
Article • November 15, 2011
Stress from Killing Prisoner Does Not Support Disability Claim by DOC Guard over Failure to Retire Claim by Brandon Sample By Brandon Sample The Court of Appeals of the State of Washington affirmed a trial court’s grant of summary judgment for the Washington Department of Corrections (DOC) in a suit …
Article • November 15, 2011
Former Oregon Prison Guard Loses Wrongful Termination Suit by On March 10, 2011, a state court jury returned a verdict against a state hospital worker, formerly a prison guard, who alleged his termination was improperly based on race, not because he had been caught having sex in a cemetery while …
Article • November 15, 2011
Florida Jail Guard Awarded $600,000 in Defamation Suit; Award Vacated by A Florida jury awarded a former jail guard $600,000 for defamation and lost earnings against the ST. Lucie County Sheriff’s Office (SLCSO). In a post-trial motion, the Circuit Court dismissed the verdict. While working as a guard on July …
Article • November 15, 2011
New Hampshire Supreme Court Reverses Dismissal of Indictments against Prisoner for Conduct Exposing Corrections Employee to Bodily Substances by Derek Gilna By Derek Gilna In a November 30 decision, the New Hampshire Supreme Court reversed a dismissal of indictments against Timothy Spade, a prisoner at the Hillsborough County House of …
Article • October 15, 2011 • from PLN October, 2011
Former Florida Prison Guard Sues for Reinstatement Under Whistleblower Act by The Florida Department of Corrections (FDOC) has been sued for retaliation under the state’s whistleblower act by a former guard. The suit, filed by lawyers for John Pisciotta, seeks back pay, reinstatement of his job, damages and attorney fees. …
Doe v. Crews, FL, Plaintiff’s Second Interrogatories, Inmate Abuse by Guards, 2011 Plaintiff’s Second Interrogatories to Defendant Michael Crews Defendant Michael D. Crews will be referred to herein as “Defendant or “you.” Department of Corrections is “Department” and Northwest Florida Reception Center is “Prison.” The date of the matter sued …
Texas Chaplain Who Complained of Jail Conditions Reinstated, Suit Settled by In January 2011, Gail Hanson was reinstated as a volunteer chaplain at the Cameron County Jail in Brownsville, Texas. She had been banned from the facility after she publicly criticized conditions at the jail, and her reinstatement was part …
EEOC Files Suit Against GEO Group for Sexual Harassment at Arizona Prisons by On September 29, 2010, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit against private prison firm GEO Group, alleging that the company and some of its male supervisors permitted a “sexual and sex-based hostile work environment” …
Shelton v. Kane, PA, Complaint, Violence in Special Management Units, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA NORMAN SHELTON, Plaintiff, v. CIVIL ACTION THOMAS R. KANE, JOSEPH NORWOOD, BRIAN A. BLEDSOE, CHUCK MAIORANA, DARRELL YOUNG, KRISTA REAR, J. DUNKELBERGER, JOHN ADAMI, J. FOSNOT, F. …
Terminated South Carolina Wardens Awarded a Total of $882,000 by Mark Wilson On December 22, 2010, the South Carolina Court of Appeals upheld a $372,000 verdict in favor of a prison warden who was wrongfully terminated by the South Carolina Department of Corrections (SCDC). In 2002, SCDC Investigator Karen Hair …
Washington Prison Guards Sue Prisoners by Brandon Sample Prisoners who attack Washington state prison guards can add one more potential consequence to their actions – garnishment of their commissary accounts. The effort to garnish prisoners’ accounts is being spearheaded by the Washington Staff Assault Task Force (WSATF), a group of …
Article • July 15, 2011 • from PLN July, 2011
California Prisoner’s Life Sentence Upheld for Tossing Food Tray at Guard by Michael Brodheim by Mike Brodheim On January 3, 2011, the California Court of Appeal, Fifth District, affirmed a “three strikes” sentence of 25 years to life for a prisoner who, while confined in a security housing unit at …
Brief • June 10, 2011
Rogers v. City of Albuquerque, NM, Complaint, Disability Discrimination, 2011 ENDORSED FILED IN MY OFFICE THI~ ~ SECOND JUDICIAL DISTRICT COURT COUNTY OF BERNALILLO STATEOFNEWMEXICO ~ s JUN 1 O 2011 aua~ 'ff! ./". ., - J ~ ci!eR-K C,IS'fPII Gi L - J I rs -i ZHON ROGERS, Plaintiff, …
Contributions to California Politicians Rewarded with Lucrative Private Prison Contracts by In politics, sometimes a little monetary grease goes a long way. No doubt, that’s why Corrections Corporation of America (CCA), the nation’s largest private prison operator, based in Nashville, Tennessee, has contributed hundreds of thousands of dollars to lawmakers …
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