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Article • August 15, 2008
BOP Employees on Active Military Leave Not Entitled to Statutorily Mandated Benefits by Federal Bureau of Prisons (BOP) employee Mathew Tully appealed a Merit Systems Protection Board (Board) decision denying him holiday pay while he was on active military leave from the BOP. The decision was affirmed. While Tully served …
Article • August 15, 2008 • from PLN August, 2008
Deal to Reconsider 1,000 Paroles Scotched When New York Governor Capitulates Over Cop Killer’s Case by John Dannenberg by John E. Dannenberg Faced with a pending federal class action lawsuit brought by New York state prisoners seeking relief from being denied parole based solely on the nature of their crimes, …
National Council of Juvenile and Family Court Judges to Pay for Grant Fraud by On March 10, 2008, the National Council of Juvenile and Family Court Judges (NCJFCJ) agreed to settle a grant fraud case for $300,000. After being promoted to Special Projects Manager of the NCJFCJ, Serena Hulbert requested …
Article • August 15, 2008
Delaware DOC Not Liable for Rape, Impregnation of Prisoner by Guard by The plaintiff alleged that she was raped by a guard, resulting in pregnancy; the officer was confirmed as 96% likely to be the father. At 420: "... [R]umors and innuendoes of sexual impropriety between inmates and prison guards …
Article • August 15, 2008
Prison Doctor Lacks Standing to Challenge BOP Policy Denying Medical Care by The plaintiff complained of his treatment for a hernia and his prison doctor complained he was fired pursuant to a policy of providing inadequate care and in violation of his First Amendment rights. Prisoners seeking damages must exhaust …
Article • August 15, 2008
$185,000 Settlement In Ohio Deceased's Estate For Racial Discrimination And Retaliatory Termination by Ohio State Resident Sheila Smoot, acting as administratrix of her deceased husband Robert's estate, brought suit for racial discrimination and retaliatory termination in 2006 against the Hillcrest Training Center (HTC) juvenile facility. The suit settled for $185,000. …
Article • August 15, 2008
San Diego Sheriff’s Employee Terminated for Marrying A Felon by San Diego (California) ex sheriff's department employee Arleshia Graham appealed mandamus denial by the Civil Service Commission (CSC) challenging her 2005 termination for marrying a felon. Her termination was affirmed. A long time employee and recently promoted processing supervisor, Graham …
Article • August 15, 2008
Disabled Washington Jail Guard’s Suit Dismissed by The plaintiff correction officers were permanently disabled and could not occupy positions requiring inmate contact. They were not qualified individuals with a disability, since no accommodation would allow them to have direct inmate contact, an essential function of their position. Incidental inmate contact …
No Right to “Blue Wall of Silence” for Disciplined Cop by The plaintiff police officer alleged that after he had cooperated in an internal affairs investigation, he was overly zealously investigated when he was discovered in a car drunk. His equal protection claim is rejected. At 104: Put bluntly, Diesel …
Article • August 15, 2008
Arkansas Chief Probation Officer's Termination Suit Settles for $32,500 by Former City of Searcy, Arkansas chief probation officer Denny Bishop brought suit against the city after being terminated when he voiced opposition to allegedly discriminatory employment practices. The suit was settled out of court for $32,500. Bishop filed the lawsuit …
$800,000 Awarded to Former California Guard for Racial Discrimination by Diane D. Epps, a former guard at a California Youth Authority (CYA) facility in Norwalk, settled her racial discrimination suit against the state for $800,000. She claimed she was denied promotions and was verbally abused by her supervisors. Epps was …
Article • August 15, 2008
New Hampshire DOC Union Representative Ordered to Reveal Client Admissions by An unnamed New Hampshire Department of Corrections (DOC) union representative (petitioner) appealed a court's refusal to quash a subpoena requiring him to testify before a grand jury. The state Supreme Court denied his appeal and ordered that he reveal …
Kentucky Jail Guards Win $872,000 in Discrimination, Retaliation Suit After Appellate Remand by Kelvin Brooks, a guard at the jail in Jefferson County, Kentucky, was black and had a race-related skin disease (PFB) that was irritated by shaving, so he wore a beard. Ron Bishop, the jail director, fired Brooks …
Article • August 15, 2008
Kansas Prison Double Bunking Approved if ACA Standards Met by Thomas Porter and other Kansas state prisoners filed suit against the state and prison officials (defendants) alleging prison overcrowding, and subsequently objected to a proposed increase in the prison population by double bunking. The action alleged too little space per …
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 …
Ohio Guards Win $475,000 in Sex Discrimination Suit by Bonnie Jayne, Christina Nichols, Jaqueline Hurst, Tia Hazinakis, Bonnie Flynn, Nicole O'Brien and Karen Martin, all guards at a correctional facility in Trumbull County, Ohio, sued the county in federal district court for gender discrimination. They claimed that the discrimination resulted …
McGriff v. Hall, FL, Plf Second Request for Inspection, Guard Excessive Force, 2008 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION VINCENT McGRIFF, Plaintiff, v. CASE NO. 3:07-cv-00085-RV-MD CORRECTIONS OFFICER C.L. HALL and CORRECTIONS OFFICER R.A. COWAN, Defendants. PLAINTIFF’S SECOND REQUEST FOR INSPECTION COMES …
No Safety or Security for Maryland Prisoners by Michael Rigby Twenty-five guards have been fired amid allegations that they beat prisoners at two Maryland prisons. The Maryland Department of Public Safety and Correctional Services (DPSCS) initially terminated the employment of eight guards on April 4, 2008. Another nine were fired …
Article • July 15, 2008
Washington Union Shop Stewards Pay Reduction Appropriate for Possessing Confidential Prisoner Medical Information by The State of Washington Personnel Appeals Board (PAB) has a prison nurse who viewed confidential material from a prisoners medical file in her capacity as a shop steward properly was sanctioned a pay reduction when that …
Article • July 15, 2008
$50,000 Jury Award To Massachusetts Nurses Wrongfully Discharged By Correctional Medical Services by Two Massachusetts nurses, Fitzgerald and Landry, brought suit against Correctional Medical Services (CMS) for defamation of character after being fired over baseless accusations of one alleged eyewitness. The jury awarded them $50,000 collectively. After holding a door …
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