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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 …
$850,000 Settlement in LA County Jail Failure to Medicate Wrongful Death by The County of Los Angeles (LA), California settled a wrongful death claim on March 14, 2003 brought by the wife of an LA County Jail prisoner who died 2 ½ days after incarceration in August, 1999 because he …
Article • January 15, 2004 • from PLN January, 2004
Prison Labor Fuels American War Machine by Ian Urbina On April 16, 2003, George W. Bush visited the shop floor at the Boeing plant in St. Louis, Missouri. His 90-minute appearance drew several hundred men and women who help make the military's $48 million F-18 Hornet fighters, 36 of which …
Article • January 15, 2004 • from PLN January, 2004
Alabama Highway Labor Kills Three Prisoners, Three More Injured by In a sudden surge of mayhem, three Alabama prisoners were killed in separate incidents and three more were injured. Prisoner highway labor was temporarily suspended. On April 11, 2003, Dairron Clark, 33, was struck and killed by a minivan on …
Widespread Prisoner Labor Abuse Requires Reform by Gary Hunter Lonoke Mayor Thomas Privett and police Chief Jay Campbell were caught abusing the state's prisoner work program. Arkansas Department of Corrections requested, in early August 2005, that the program be suspended after learning that state prisoners had been used to repair …
Article • December 15, 2003
Australia Fined $42,500 for Prisoner Work Injury by Australia's Department of Justice was fined $42,500 and ordered to pay $4,870 in costs after pleading guilty to violating the Occupational Health and Safety Act, causing a prisoner severe injury. Maximum security prisoner Justin Adams had three fingers amputated and his right …
Inmate Compensation Program Applies to Federal Pretrial Detainees by Inmate Compensation Program Applies to Federal Pretrial Detainees, Is Exclusive Remedy for Work-Related Injury The Seventh Circuit Court of Appeals held that the Inmate Compensation Program (ICP) at 18 U.S.C. § 4126(c) applies to pretrial federal detainees. Leo Paschal was a …
Article • October 15, 2003 • from PLN October, 2003
Filed under: Work, Prison Industries
Cheap Mexican Prison Labor Exploited by U.S. Firms by Even with U.S. laws prohibiting the importation of commodities produced with prison labor, prison officials in northern Mexico report that prisoners there are making furniture headed for Texas. Moreover, they're pursuing more contracts with American companies to produce a variety of …
Article • October 15, 2003 • from PLN October, 2003
Eight Washington Prison Premises Liabilities Claims Settled for $35,058 by Premises liabilities claims by injured Washington state prisoners and visitors were settled in eight unrelated claims totaling $35,058 over a two year period in 2001 and 2002. Pro per Walla Walla State Penitentiary prisoner Marcus Ogans filed a 42 U.S.C. …
Washington Retaliation Suit Settled for $2,500 by On February 27, 2002, the Washington DOC settled a prisoner claim of retaliation for his having filed a grievance and a lawsuit, for $2,500. Airway Heights Correctional Center prisoner Douglas Gallagher was employed in the food factory production facility on a day when …
California Taxpayer Action Forces Private Employer to Pay Prisoners Prevailing Wages by John E Dannenberg by John E. Dannenberg Under California Code of Civil Procedure §526a, a private citizen taxpayer may bring an action to compel an officer or agent of a municipality to restrain him from wasteful or injurious …
Receipt of Federal Funds Waives Eleventh Amendment Immunity for Rehabilitation Act by The U.S. Third Circuit Court of Appeals has affirmed in part and reversed in part a Pennsylvania Federal District Court's grant of summary judgment to state defendants in a prison employee's claim involving the Rehabilitation Act (RA) and …
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