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Article • December 26, 2017
Kosher Diet Denial Reasonable, Religious Headwear Confiscation Not by The Second Circuit Court of Appeals vacated and remanded in part a New York federal district court’s summary judgment on a §1983 complaint against the New York State Department of Correctional Service (DOCS). In the complaint Arrello Barnes, a prisoner, alleged …
Article • December 26, 2017
Claim of Right to Counsel Infringement Survives in Detainees’ Claim of Recorded Attorney Calls by A Florida federal district court granted in part and denied in part a defendant’s motion for summary judgment in a civil rights action that alleged the sheriff of Broward County violated the constitutional attorney-client privileges …
Article • December 26, 2017
A NY Supreme Court Certifies for Persons Held on ICE Detainers Past Scheduled Release. by A New York Supreme Court certified a class in a lawsuit alleging the New York Department of Corrections (DOC) falsely imprisoned over 9,000 persons with U.S. Immigration and Customs Enforcement (ICE) detainers. The class consists …
Article • December 26, 2017
Superintendent with Shady History of Supervision Hired by Another Jail by In the midst of an investigation by the U.S. Justice Department into whether South Carolina’s Hampton Roads Regional Jail (HRRJ) was violating detainees’ civil rights and breaking disability laws by depriving them of medical and mental health care, HRRJ’s …
Article • December 26, 2017
Supreme Court of Oklahoma Rules Compulsory Debt to Be Paid by Appropriation by The Supreme Court of Oklahoma affirmed a trial court’s ruling granting summary judgment to Armor Correctional Health Services for the award of payment for medical services provided to Oklahoma prisoners and detainees. The court retained the appeal …
Tidwell v. Asselmeier, IL, Complaint, Medical Neglect, 2017 Case 3:16-cv-00041-DWD Document 119 Filed 12/26/17 Page 1 of 16 Page ID #808 In the United States District Court for the Southern District of Illinois Cleo Tidwell, Plaintiff, v. Dr. Asselmeier, Dr. Trost, Steven Newbold, D.M.D., and Dr. John Doe, Defendants. ) …
Article • December 22, 2017
Willful Violation of Tennessee FOIA Occurs by Requiring Unauthorized Fees by A Tennessee state appellate court reversed a trial court’s ruling that a custodian of records’ denial of access to public records was “not willful." The court found the denial was “willful." Where the prior ruling prevented the trial court from …
Article • December 22, 2017
$315,00 to Louisiana Man Imprisoned, Deported by Lonnie Burton by Lonnie Burton In 2015 the United States government agreed to settle a lawsuit filed by a Mexican national who had been a U.S. citizen for six years before Immigration and Customs Enforcement (ICE) officials rounded him up, threw him in …
Article • December 22, 2017
Filed under: Suicides
Alabama DOC Agrees to Implement Suicide Prevention Measures by David Reutter by David Reutter The Alabama Department of Corrections (ADOC) agreed to an interim settlement in a class action lawsuit that requires it to implement suicide prevention measures. The agreement was approved on January 12, 2017, by the federal district …
Article • December 22, 2017
Tennessee’s Death Penalty on Hold by David Reutter by David M. Reutter Capital punishment is on hold in Tennessee. The Tennessee Supreme Court halted execution to allow lower courts to hold hearings on the new lethal injection protocol. Meanwhile, attorneys for death row prisoners are arguing the death penalty is …
Article • December 22, 2017
Filed under: Failure to Treat
Denial of Illinois Medical Grievance is Personal Involvement by Mark Wilson An Illinois federal court dismissed medical care claims against a prison warden, but refused to dismiss claims against non-medical staff who denied a prisoner’s grievance. Illinois prisoner Tony Foster was diagnosed with a cataract in his left eye. Dr. Norman …
Article • December 22, 2017
$420 to Assaulted Former Oklahoma Jail Prisoner for Injuries by Matthew Clarke Mr. Dowler was 31-years old when he in custody for DUI in the city of Bixby in Tulsa County, Oklahoma. While he was in custody, he was assaulted and suffered cuts on his head and two fractured teeth. …
Article • December 22, 2017
$1,500,000 Verdict for Medical Neglect of Arizona Prisoner by Matthew Clarke by Matt  Clarke In April 1999, an Arizona court awarded $1,500,000 to a man who suffered an intestinal injury while a prisoner and denied timely medical treatment. Mr. Griffin was 40-years old and an artist when he was incarcerated …
Article • December 22, 2017
$9,000 to Florida Jail Inmate for Burned Foot by Matthew Clarke In September 1995, a Florida jail prisoner who had suffered third-degree burns on his foot after a steam kettle in the jail's kitchen spilled boiling water on to him settled the suit he had brought for $9,000. Mr. Lay was …
Article • December 22, 2017
$75,000 Awarded in NY for Police Excessive Force During Pat Down by Matthew Clarke In May 1997, hotel operator Mr, Shangraw was 47 and a prisoner when a police officer struck him in the groin during a pat-down search. He was denied medical treatment and suffered impotence. With the assistance …
Article • December 22, 2017
$19,719 to People in Prison for ADA Violations by Matthew Clarke Plaintiffs Hickman, Barber, Newman and Lane were wheelchair-bound prisoners at the Western Missouri Correctional Center where they were denied proper medical treatment and accommodations for their disabilities. In July 1994, they filed suit in federal court against the prison …
Article • December 22, 2017
$20,500 Award in Suit Over New York Prisoner Falling From Roof by Matthew Clarke In November 1996, the New York Court of Claims awarded a prisoner who had fallen from the roof of a prison while on a work detail and injured his knee $20,000. It awarded his wife $500 …
Article • December 22, 2017
Filed under: Exercise
$1 Award in Montana Prisoner's Suit Over Deprivation of Exercise at Jail by Matthew Clarke A Montana state court awarded former jail prisoner Campbell $1 in damages after he sued the Sheriff of Flathead County, Montana, for depriving him of exercise while he was jailed. Campbell claimed emotion distress. The …
Article • December 22, 2017
$42,200 Federal Jury Award in Suit Over California Jail Prisoner's Death by Matthew Clarke On August 5, 1999, a California federal jury awarded $52,200 to the family of a prisoner who died while suffering from untreated drug withdrawal in the Santa Barbara County jail. When Drew Allen Walsh, 32, was …
Article • December 22, 2017
Did Ohio’s Prison Farm Sale Net Pennies on the Dollar? by Matthew Clarke by Matt Clarke On April 12, 2016, Gary Mohr, the director of the Ohio Department of Rehabilitation and Correction (DRC), announced that the state would phase out farming at 10 prisons. Since then, farm animals and equipment …
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