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South Carolina Prison Officials Allegedly Forced to be Executioners by On December 18, 2007, Ira Baxley and Terry Bracey, former South Carolina Department of Corrections (DOC) officials with 22 and 23 years of service, respectively, filed suit in federal court against DOC Director Jon Ozmint and Director of Operations Robert …
Millions Paid in Mississippi Jail Deaths; Ten Guards Sentenced for Abuses; Corruption Continues by Bob Williams “The house always wins,” Warden Don Cabana proclaimed to the Sun Herald, a Mississippi newspaper, in July 2007. However, Harrison County, home of the Harrison County Adult Detention Center (ADC), has agreed to pay …
Of 426 California Prisoner Deaths in 2006, 66 Found to be Preventable by John Dannenberg by John E. Dannenberg In August 2007, former California Department of Corrections and Rehabilitation (CDCR) federal healthcare Receiver Robert Sillen issued a report titled Analysis of CDCR Death Reviews, prepared by the CDCR’s Death Review …
Arizona DOC Guard Reinstated Despite Error Resulting in Prisoner’s Murder by Arizona’s state personnel board has overturned disciplinary actions against two prison employees who were implicated in errors leading to the murder of a prisoner at ASPC Florence. The board determined that although mistakes occurred, they should not have resulted …
Barnwell v. CCA, KS, Memo in Support of Plf Mot for Class Cert, FLSA employee litigation, 2008 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS AT KANSAS CITY KEITH E. BARNWELL, et al. On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, vs. CORRECTIONS CORPORATION OF …
Disabilities Subject to Correction Not Protected by ADA by Under the Americans with Disabilities Act, whether an impairment "substantially limits" one or more major life activities is assessed with reference to mitigating measures (in this case, medication for high blood pressure). That means someone whose disability is substantially corrected can …
Firing of Work Release Intern for TV Interview Upheld by A student intern was terminated from her position at a halfway house for sex offenders for giving a television interview in which she criticized a proposed policy change. Her interest in free speech was outweighed by the state's interest in …
ADA Withstands 11th Amendment Challenge by The Americans with Disabilities Act does not violate the Eleventh Amendment. Unlike the Religious Freedom Restoration Act, it is "plainly adapted" as a remedial measure even if it prohibits conduct that may or may not be unconstitutional. Its remedies are not so sweeping that …
Article • August 15, 2008
No Federal Right to Safe Workplace for Jail Guards by The plaintiff jail employee alleged that she was injured as a result of contamination in the jail ventilation system (raw sewage was leaking into the air supply). There is no federal constitutional right to a safe workplace. There is no …
Article • August 15, 2008
Okay for Sheriff to Fire Political Candidate by The Sheriff told his staff that if any of them ran against him, opposed his re-election, or was in any way disloyal to him, they would be fired. The plaintiff said he was running against the Sheriff, and he was fired. Three …
Prosecutor Immune from Suit Where Charges Dropped on Appeal by The plaintiff was prosecuted and convicted of assault on a staff member and sentenced to an additional eight months in jail; on appeal the charges were dropped. The plaintiff sued the prosecutor and those who brought the charges. The prosecutor …
Firing of Abusive Texas Prison Guards Upheld by The plaintiff correctional officers were fired for misconduct in connection with a use of force. After acquittal in their criminal trials, the prison system refused to restore their jobs. They claimed that the prison system had suppressed exculpatory evidence. Their claims are …
ADA Requires Employees Exhaust Claims Prior to Filing Suit by Title II of the Americans with Disabilities Act doesn't create a claim for public employees for employment discrimination; it doesn't deal with employment, and Title I, which does, relegates public employees to the administrative scheme with exhaustion requirement of Title …
TDCJ Denied Qualified Immunity in Employee's Unconstitutional Termination Suit by John F. Fant, a former Legal Services Director for a division of the Texas Department of Criminal Justice (TDCJ), appealed a 2003 U.S. District Court decision denying his motion for dismissal of a lawsuit based on qualified immunity grounds. The …
Federal Prison Guard Suspended Indefinitely for Active Duty Assault in Iraq by Former Metropolitan Detention Center (New York) federal prison guard Gary Pittman sought review of a 2006 Merit Systems Protection Board's (Board) affirmation of his release from federal employment upon return from active military duty in Iraq. He alleged …
Ex Washington DOC Guard's $101,000 Jury Award for Termination Reversed Due to Insufficient Evidence by The Washington Department of Corrections (DOC) appealed a 2005 judgment in favor of former employee Sandra Harris. Harris had sued claiming gender and disability discrimination, retaliation and outrage following her job termination. The jury verdict …
Article • August 15, 2008
Job Reallocation of Washington DOC Employee Deemed Age Neutral by Washington State’s Court of Appeals, Division I, has affirmed a trial court’s grant of summary judgment in favor of the Department of Corrections (DOC) in a lawsuit alleging employee age discrimination. Nineteen-year DOC veteran Mary Mckee contended her reassignment to …
Article • August 15, 2008
Probable Cause Not Required for Bureau of Prisons to Indefinitely Suspend Employees by Former Bureau of Prisons (BOP) counselor Norberto Perez appealed an arbitrator's ruling confirming his 2004 indefinite suspension from the BOP. The ruling was affirmed on appeal. The suspension came after a prisoner claimed Perez had sold him …
Article • August 15, 2008
Probable Cause Not Required for Bureau of Prisons to Indefinitely Suspend Employees by Former Bureau of Prisons (BOP) counselor Norberto Perez appealed an arbitrator's ruling confirming his 2004 indefinite suspension from the BOP. The ruling was affirmed on appeal. The suspension came after a prisoner claimed Perez had sold him …
Article • August 15, 2008
CA DOC Must Arbitrate Grievances with Guards by The California Correctional Peace Officers Association (the Union) represents prison guards in conditions-of-employment negotiations with the state Department of Personnel Association (the Department). Even though Government Code section 3529 provides that guards themselves can’t attend such negotiations, the Department agreed to allow …
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