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West Virginia Prisoner Injured on Work Crew Denied Workers’ Compensation

Article • January 8, 2018 • from PLN January, 2018

Filed under: Prison Labor, Workers' Compensation, Injury -- Misc.

West Virginia Prisoner Injured on Work Crew Denied Workers’ Compensation by The West Virginia Supreme Court of Appeals held on June 8, 2017 that “a person confined in a state correctional facility or jail who is participating in a work-release program [is prohibited] from receiving workers’ compensation benefits for any …

USA v. Cowden, WV, Opinion, Police False Statement, 2017

Brief • December 5, 2017

Filed under: Excessive Force, Excessive Force (Police), Police/Govt Misconduct, False Statements/Perjury

USA v. Cowden, WV, Opinion, Police False Statement, 2017 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-4046 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARK COWDEN, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. …

West Virginia v. Kilmet, WV, Appeal, Abuse of Discretion, 2017

Brief • November 14, 2017

Filed under: Eighth Amendment, Abuse of Discretion Standard

West Virginia v. Kilmet, WV, Appeal, Abuse of Discretion, 2017 IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA September 2017 Term _______________ No. 15-0859 _______________ FILED November 14, 2017 released at 3:00 p.m. EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA STATE OF WEST VIRGINIA Plaintiff …

State of West Virginia v. Henson, WV, Appeal, Double Jeopardy-Common Law, 2017

Brief • November 2, 2017

Filed under: Double jeopardy, Confrontation Clause/Rights

State of West Virginia v. Henson, WV, Appeal, Double Jeopardy-Common Law, 2017 IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA September 2017 Term FILED November 2, 2017 No. 16-0914 released at 3:00 p.m. EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA STATE OF WEST VIRGINIA, Plaintiff …

West Virginia v. Hutton, WV, Appeal, Ineffective Counsel, 2017

Brief • November 1, 2017

Filed under: Appointment of Counsel, Attorney, Sixth Amendment

West Virginia v. Hutton, WV, Appeal, Ineffective Counsel, 2017 IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA September 2017 Term FILED November 1, 2017 _____________ released at 3:00 p.m. EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA No. 16-1069 _____________ STATE OF WEST VIRGINIA, Respondent V. …

Prisons, Jails Combat Smuggling by Shredding Mail, Requiring Fresh Underwear

Article • October 10, 2017 • from PLN October, 2017

Filed under: Mail Regulations, Visiting

Prisons, Jails Combat Smuggling by Shredding Mail, Requiring Fresh Underwear by Christopher Zoukis by Christopher Zoukis The regional jail system in West Virginia receives and screens about 300,000 pieces of mail per year. Some letters contain illegal substances being smuggled into facilities for prisoners, particularly subuxone; in response, the West …

Childress v. Thornsbury, WV, Settlement, Police Misconduct, 2017

Brief • July 14, 2017

Filed under: Police Misconduct, Informants

Childress v. Thornsbury, WV, Settlement, Police Misconduct, 2017 RELEASEANDSETTLEMENTAGREEMENT KNOW ALL :MEN BY THESE PRESENTS: That I, ALBERT W. CHILDRESS ill, for and in consideration of the total sum of NINETY THOUSAND DOLLARS AND NO CENTS ($90,000.00) the receipt and sufficiency of which is hereby acknowledged, do for myself and …

Crawford v. Dept of Corrections-Work Release, WV, Supreme Court Opinion, Workers Comp, 2017

Brief • June 8, 2017

Filed under: Workplace Injury, Workers' Compensation, Injury -- Misc.

Crawford v. Dept of Corrections-Work Release, WV, Supreme Court Opinion, Workers Comp, 2017 IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA January 2017 Term FILED June 8, 2017 No. 16-0043 released at 3:00 p.m. RORY L. PERRY, II CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA WILLIAM F. CRAWFORD, …

Opposition to Prison Is an Environmental Fight in Appalachia

Article • May 19, 2017

Filed under: Hepatitis, Environmental Law, Sewage, Water, National Environmental Policy Act, PLN related

Opposition to Prison Is an Environmental Fight in Appalachia by Sara Imperiale by Sara Imperiale A proposed federal prison has become the focus of opposition for advocates concerned about the project's most notable feature: it’s slated for a mountaintop coal removal site. Coal companies mine by mountaintop removal predominately in …

West Virginia kickbacks FY2014

Kickback publication • May 15, 2017

Filed under: Telephones

West Virginia kickbacks FY2014

Crowd Control Techniques Subject of West Virginia Jail Abuse Suits

Article • April 24, 2017

Filed under: Injury -- Misc., Cell Searches, Shootings, Burning, Grenades

Crowd Control Techniques Subject of West Virginia Jail Abuse Suits by Lawsuits filed in 2015 against the West Virginia Regional Jail and Correctional Facility Authority (WVRJCFA) claim a special response teams used excessive force on routine searches and cell extractions.  The alleged force involves techniques normally used for crowd control. …

Fourth Circuit Reinstates Prisoner’s Lawsuit Over Coerced Penis Surgery

Article • April 3, 2017 • from PLN April, 2017

Filed under: Male Reproductive, Forcible Treatment, Control Units/SHU/Solitary Confinement

Fourth Circuit Reinstates Prisoner’s Lawsuit Over Coerced Penis Surgery by Lonnie Burton by Lonnie Burton On June 7, 2016, a unanimous panel of the Court of Appeals for the Fourth Circuit partially reinstated a lawsuit brought by a West Virginia state prisoner who claimed prison officials had coerced him to …

Rare Corporate Prosecution: West Virginia’s “King of Coal” Sentenced for Conspiracy in Mine Deaths

Article • November 8, 2016 • from PLN November, 2016

Filed under: Work, Workplace Injury, Work Conditions/Safety, Sentencing, U.S. Sentencing Guidelines

Rare Corporate Prosecution: West Virginia’s “King of Coal” Sentenced for Conspiracy in Mine Deaths by Don Blankenship, the former CEO of Massey Energy, conspired to “willfully violate mandatory mine health and safety standards” to maximize his personal profits, and on April 5, 2010, an explosion attributed to safety violations claimed …

Former Prison Doctor Settles Racial Discrimination, Wrongful Termination Lawsuit with Federal Government for $65,000

Article • October 27, 2016

Filed under: DOC/BOP misconduct, Racial Discrimination, Freedom of Information Act, PLN Litigation, Employee Litigation, PLN related

Former Prison Doctor Settles Racial Discrimination, Wrongful Termination Lawsuit with Federal Government for $65,000 by Lonnie Burton On January 16, 1997, a former prison doctor who had sued the federal government for racial discrimination resulting in his wrongful termination, agreed to dismiss his case in return for a payment of …

Childress v. Thornsbury, WV, Amended Complaint, Police Misconduct, 2016

Brief • October 13, 2016

Filed under: Police Misconduct, Informants

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Federal Prisoner Receives $1,000 Settlement in Food Poisoning Case

Article • September 14, 2016

Filed under: DOC/BOP misconduct, Failure to Treat, Failure to Protect (General), Food, Sanitation, Federal Tort Claims Act, Freedom of Information Act, PLN Litigation

Federal Prisoner Receives $1,000 Settlement in Food Poisoning Case by Lonnie Burton On April 2, 1997, the United States agreed to settle a lawsuit in which a federal prisoner alleged she was poisoned by the food in the prison chow hall and then received inadequate medical care afterwards. The documents …

BOP Paid $1,000 to Prisoner Who Caught Salmonella from Chow Hall

Article • August 1, 2016

Filed under: Failure to Treat, Food

BOP Paid $1,000 to Prisoner Who Caught Salmonella from Chow Hall by The federal Bureau of Prisons paid $1,000 to a prisoner who caught salmonella from eating food from the prison kitchen. Angela Elder, a prisoner at the Federal Prison Camp in Alderson, West Virginia, ate dinner on September 14, …

Welcome to Appalachia’s Gulag Archipelago

Article • June 27, 2016

Filed under: Prison Rebellion, Failure to Protect (General), Toxic Fumes/Chemicals, Eighth Amendment, Environmental Law, Sanitation, Rural Prisons

Welcome to Appalachia’s Gulag Archipelago by By Skyler Simmons / Earth First! Newswire Exile in the Mountains It is hard to imagine the hollers and hills of southern Appalachia ever being a place of punishment. With its lush coves filled with ginseng, ramps, towering oaks, and tulip poplars. Its abundant springs, …

Federal Prisoner Wins $300,000 Judgment on Medical Negligence Claim

Article • March 1, 2016 • from PLN March, 2016

Filed under: Transfers, Systemic Medical Neglect, Pain, Failure to Treat, Infections

Federal Prisoner Wins $300,000 Judgment on Medical Negligence Claim by Derek Gilna Federal prisoner Michael Patrick Giambalvo won a judgment against the Bureau of Prisons (BOP) in a Federal Tort Claims Act (FTCA) action alleging medical negligence. The award by West Virginia U.S. District Court Judge Michael Siebert was for …

West Virginia Supreme Court Undermines Prisoners’ Right to Sue for Rape

Article • January 1, 2016 • from PLN January, 2016

Filed under: Staff-Prisoner Assault, Failure to Protect (General), Summary Judgment, Failure to Train/Supervise

West Virginia Supreme Court Undermines Prisoners’ Right to Sue for Rape by West Virginia Supreme Court Undermines Prisoners’ Right to Sue for Rape In a March 27, 2014 decision, the Supreme Court for the state of West Virginia held that a female prisoner who claimed she had been raped multiple …