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Institutionalized Policy to Deprive Appeal of Confiscated Mail Violates Constitution by A Massachusetts federal district court denied summary judgment to prison officials who confiscated a prisoner’s mail and took actions that deprived him of his right to appeal that confiscation. The civil actions complaint was filed by MCI-Walpole prisoner Michael …
City of Chicago Denied Bifurcation in Excessive Force/Failure to Train Case by On July 24, 2008, an Illinois Federal District Judge denied Chicago's motion for bifurcation in a complaint filed by Lynette Wilson on March 27, 2007 against the City and three Chicago police officers. Wilson filed the complaint after …
“Cumulative Failure” Lets Mentally Ill Teen Leap to Death by A “cumulative failure” contributed to the death of an Oregon teenage mental patient, state investigators determined. Eighteen-year-old Heather Williams was a patient at the Blue Mountain Recovery Center, a state-run psychiatric hospital in Pendleton, Oregon. While being transported on December …
$3.1 Million Awarded to FBI Informant's Family by On October 16, 2008, the First Circuit U.S. Court of Appeals affirmed the September 2006 findings of the U.S. District Court for Massachusetts in awarding approximately $3.1 million to the estate of an FBI informant, John McEntyre, who was murdered after the …
Deconstructing Gus: A Former CCA Prisoner Takes On, and Takes Down, CCA’s Top Lawyer by Paul Wright by Paul Wright, et al. On June 13, 2007, former President Bush nominated Gustavus A. Puryear IV, 40, for a lifetime appointment to the U.S. District Court for the Middle District of Tennessee. …
GEO Cancels Contract at Pennsylvania Jail, Looks Elsewhere for Business by David Reutter GEO Cancels Contract at Pennsylvania Jail, Looks Elsewhere for Business by David M. Reutter GEO Group, Inc. (formerly known as Wackenhut Corrections), the second-largest private prison company in the nation, has operated the jail in Delaware County, …
Article • March 15, 2009 • from PLN March, 2009
Hawaii Prisoner Awarded $15,000.50 for Slip and Fall by Hawaii Prisoner Awarded $15,000.50 for Slip and Fall A Hawaiian prisoner has been awarded $15,000.50 for a slip and fall that occurred in a prison kitchen. A related claim for damages for a slip and fall that occurred near a shower …
Prisoners Can Sue Virginia DOC’s Contract Medical Provider for Breach of Contract by Prisoners Can Sue Virginia DOC’s Contract Medical Provider for Breach of Contract Virginia Department of Corrections (VDOC) prisoners who receive inadequate medical care may sue the VDOC’s contract medical provider for breach of contract, the Supreme Court …
District of Columbia Rehabilitation Program Contractor Liable in Juvenile’s Death; $1,000,000 Verdict Upheld by Bob Williams District of Columbia Rehabilitation Program Contractor Liable in Juvenile’s Death; $1,000,000 Verdict Upheld by Bob Williams Re-Direct, Inc., a company that provides services for juveniles for the District of Columbia, appealed the denial of …
Supreme Court Holds Prosecutors Immune from Using False Snitch Testimony to Gain Wrongful Conviction by John Dannenberg Supreme Court Holds Prosecutors Immune from Using False Snitch Testimony to Gain Wrongful Conviction by John E. Dannenberg On March 28, 2007, the Ninth Circuit U.S. Court of Appeals ruled that a California …
Article • March 15, 2009 • from PLN March, 2009
Washington Jury Awards $202,500 to Ex-Prisoner for Injuries from Top Bunk Fall by Washington Jury Awards $202,500 to Ex-Prisoner for Injuries from Top Bunk Fall A Washington state jury awarded a former prisoner and his wife $202,500 for injuries incurred after he fell from a top bunk at the Washington …
Article • March 15, 2009
$250,000 Settlement After Federal Prison Bus Accident by Numerous federal prisoners brought a federal tort action against the United States in 1995 after sustaining injuries during a Bureau of Prisons (BOP) prison bus accident. The suit settled for $250,000 in 1998. Federal prisoners were being transported on a BOP bus …
$7,500 Settlement After Colorado Federal Prisoner Beaten At Florence Facility by Colorado federal prisoner Marion Bryant, Jr., brought a combined Bivens, 42 U.S.C § 1983 and federal tort action against federal guards and officials for excessive force in 1997. He alleged cruel and unusual punishment leading to injury, as well …
Child's Fingertip Amputated After Guard's Negligence by Wisconsin resident Evonie Bean, guardian of injured minor Tianna Fudge, brought a federal tort action against the United States in 2001 after Fudge's fingertip was caught in a prison door and severed while at a prison visit. Details of the 2003 settlement agreement …
Article • March 15, 2009
Civilian's Fall At Michigan Federal Prison Settles For $80,000 by Tennessee State residents Melinda and William Sexton brought a federal tort action against the United States in 1999 after Melinda slipped and fell at the Federal Correctional Institution (FCI) at Milan, Michigan, in 1997. The suit settled for $80,000 in …
$750,000 Settlement for Colorado DOC Guard Death At Hands Of BOP Training Instructors by Colorado state resident Pamela Perse brought a federal tort action against the United States in 1995 after Federal Bureau of Prisons (BOP) personnel's negligence resulted in the death of her husband. The suit settled for $750,000 …
Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine by Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine The Sixth Circuit Court of Appeals has held the favorable-termination doctrine does not apply to 42 U.S.C. § 1983 actions brought by prisoners who were foreclosed from challenging their incarceration in a habeas …
Article • February 15, 2009 • from PLN February, 2009
Arbitrator Awards Hawaii Prisoner $7,500 for Injuries Sustained While Working in Kitchen by On March 10, 2008, a Hawaii prisoner was awarded $7,500 through arbitration after being burned by hot coffee. On April 3, 2007, Will Kaaihue received second degree burns down the left side of his body while working …
Sovereign Immunity Bars RFRA Damages in DC Circuit by The U.S. Court of Appeals for the District of Columbia Circuit has affirmed a district court’s decision that sovereign immunity bars damage claims under the Religious Freedom Restoration Act (RFRA). The court found that RFRA does not provide a clear and …
Muslim Prisoners Cannot be Forced to Handle Pork; Qualified Immunity Denied by The Third Circuit Court of Appeals held that a Muslim prisoner’s complaint that prison officials disciplined him for refusing to handle pork stated a claim under the First Amendment and the Religious Land Use and Institutionalized Persons Act …
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