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Article • January 15, 2008 • from PLN January, 2008
Utah Prisoner Kills Guard During Escape While on Medical Transport by David Reutter by David M. Reutter On June 25, 2007, a Utah state prisoner shot and killed a prison guard while escaping from a hospital where he had been taken to receive an MRI. The escape occurred at the …
Audit Reveals Continuing “State of Chaos” at Hawaii Youth Prison by Audit Reveals Continuing "State of Chaos" at Hawaii Youth Prison The Hawaii Youth Correctional Facility (HYCF) is in non-compliance with most of the American Correctional Association (ACA) "Standards for Juvenile Correction Facilities," according to a 2007 security audit. HYCF, …
$195,000 Paid to Family of Slain Florida Prison Guard by David Reutter by David M. Reutter The Florida Department of Corrections (FDOC) has agreed to pay $195,000 to the family of murdered prison guard Darla Kay Lathrem, 38. PLN previously reported the incident. [See: PLN, April 2006, p.42]. Lathrem was …
Article • January 15, 2008 • from PLN January, 2008
California Prison Guards Lose Unlimited “Time Bank” For On-The Job Union Business by Marvin Mentor California Prison Guards Lose Unlimited "Time Bank" For On-The Job Union Business by Marvin Mentor The California Correctional Peace Officers Association (CCPOA) lost its bid to undo a cap on its contract provision permitting rank-and-file …
Pennsylvania County Jail System Overcrowded, Under-Regulated by David Reutter by David M. Reutter Almost everyone with experience on the incarceration side of America's criminal justice system will tell you they would rather do time in prison than in a jail. The primary reason is that the overall conditions of confinement …
Article • December 15, 2007
Settlement Agreement Involving New York Principal's Dismissed Disciplinary Actions Ordered Disclosed by New York Jericho Teacher's Association Vice President Anthony LaRocca appealed a State Supreme Court's 1993 dismissal of a petition to disclose settlement documents regarding the discipline of a principal. The dismissal was reversed and a redacted disclosure was …
Article • December 15, 2007 • from PLN December, 2007
Sudden Rise in New Jersey Prison Guard Firings by Matthew Clarke by Matt Clarke The number of New Jersey state prison system employees terminated for disciplinary reasons rose from 33 in 2005 to 69 in 2006. 52 of the 2006 firings are final; 17 are on appeal. The reasons for …
Female Ohio Guards Awarded $475,000 For Gender Discrimination Regarding Assignment, Promotion by Seven female Ohio guards brought federal suit against the Trumbull County Sheriff's Department (Department) for emotional distress due to unfavorable assignments and lack of promotion. The court awarded them collectively $475,000. The guards claimed sex discrimination because their …
Article • December 15, 2007
Guards Injured Off Duty Assisting Accident Victims Not Entitled to Benefits by Ryan Pettigrew petitioned for a writ of review in the Third District California Appellate Court when he was denied workers' compensation after being injured while helping victims and guards at the scene of a traffic accident. The court …
Amended Tennessee Statute Ruled Retroactive For Denial Of Records Request by Tennessee State death row prisoner Richard Taylor's attorney, Sabin Thompson, appealed a 1991 dismissal of a petition to compel the Internal Affairs Division (IAD) of the Department of Corrections (DOC) to produce records concerning Taylor's murder conviction, The records …
Article • December 15, 2007
Trial Required Over Firing of Juvenile Prison Warden for Whistleblowing by The director of a juvenile institution was fired after forwarding to the State Commission of Correction a report by one of his subordinates that stated certain agency policies were a cause of turmoil at the facility. There were triable …
False Arrest Nets Guard and Wife $1.2 Million by A Florida jail guard and his wife, a jail food safety inspector, have been awarded $1,231,700 for their arrest on false charges of smuggling drugs into the jail. On September 11, 2003, Lawrence and Gayle Femminella were arrested on charges of …
Gay NJ Guard Awarded $2.8 Million for Sexual Harassment, Discrimination by A New Jersey gay female jail guard was awarded $2,847,188, for discrimination, sexual harassment, and retaliation. Karen Caggiano began working in the prison transport unit of the Essex County Sheriff's Department in August 1993. "Caggiano, a lesbian and one …
Article • December 15, 2007
Harassment By Prisoners Cannot Create a Hostile Work Environment by Evidence that the plaintiff ex-prison employee "cried a lot" and the inmates and co-workers "got on her nerves" do not establish that she has a disability; she may have been depressed or anxious but submitted no medical evidence or evidence …
California Fair Employment and Housing Act Claim Analyzed by California's First District Court of Appeals has reversed a finding of workplace retaliation and expanded upon the elements of a claim under the California Fair Employment and Housing Act (FEHA). This action was initiated by Dr. Margie McRae, who alleged discrimination …
Article • December 15, 2007
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 …
Brief • November 27, 2007
M.P. v. Texas Youth Commission, TX, Memo on Enforcement, Juvenile Pepper Spray, 2007 TEXAS YOUTH COMMISSION ED OWENS DIMITRIA D. POPE Acting Executive Director Conservator November 27, 2007 To: All TYC Staff From: Dimitria D. Pope Acting Executive Director Steve Foster General Counsel Re: TYC Rule 97.23 (Use of Force) …
California DOC Guards Win Injunction to Stop Prisoner Transfers Out-Of-State; Transfers Continue While State Appeals by The Superior Court of Sacramento County has granted a writ of mandate prohibiting the transfer of California Department of Corrections and Rehabilitation (CDCR) prisoners to out-of-state facilities to alleviate the prison system's chronic overcrowding …
Jail Bait - Phoenix New Times article about prisoner badly beaten in Sheriff Arpaio's jail by Robert Nelson Jail Bait A prisoner was nearly beaten to death behind bars for a crime he didn't commit. Was he set up by Sheriff Joe's henchmen? By Robert Nelson Published: December 26, 2002 …
South Carolina Prisoner Assaulted By Guards Awarded $600,000 by In May 2007 a South Carolina jury awarded $600,000 to a state prisoner who alleged that guards beat him and sprayed him with mace in an unprovoked attack. Alonzo Brinkley, 32, claimed in his lawsuit, filed in the Marlboro County Court …
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