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 …
Ninth Circuit: Retroactive Blakely Relief Unavailable on Habeas Corpus, Only on Timely Certiorari by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a state prisoner virtually identically situated as in Blakely v. Washington, 124 S.Ct. 2532 (2004) (sentence may not be enhanced by facts not …
Washington State's Duty to Defend Officials Depends on Their Conduct by Washington state Supreme Court Justice Richard Sanders appealed the denial of attorney’s fees in a complaint filed against him by the Commission on Judicial Conduct (Commission) for misconduct in 2003. The appellate court held that no state duty existed …
$50,000 Settlement for Klickitat County Deputy's Evidence Tampering to Obtain Arrest by Washington state resident Ricky Springs settled a federal lawsuit brought in 2005 against Klickitat County and two deputy sheriffs. The suit alleged civil rights violations for falsifying a recording in order to obtain Springs’ arrest. The lawsuit was …
Washington SVP Statutory Amendments re Re-Commitment Hearings Not Retroactive by Washington state civilly committed sexually violent predators (SVPs) Harry Fox, Robert Jones and Anthony Jacka appealed the dismissal of their previously-ordered re-commitment hearings. The appellate court found that SVP statutory amendments operated to deny Fox and Jones hearings, but Jacka's …
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 …
Washington State Sex Offender Vigilante Dies In Prison by On April 15, 2007, Michael Mullen, 36, the Washington State prisoner convicted of having committed vigilante murders of two registered sex offenders, was found dead in his cell at the Stafford Creek Corrections Center near Aberdeen, Washington. Mullens was alone in …
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 …
Washington Community Correction Officer’s Failure to Manage Caseload Merits Dismissal by The State of Washington Personnel Appeals Board (PAB) has held that dismissal is the proper sanction for a Community Correctional Officer who demonstrated a continued pattern of being unable to demonstrate she had the necessary skills or judgment to …
Washington Cop Sexually Abuses 15-Year-Old Who Wins $325,583 at Trial by In 1995, Larry Jackman was a cop in the town of Wilkerson, Washington. On several occasions he had sex with then 15-year-old Crystal Bailey. She later sued Jackman and the town, claiming that Jackman had taken advantage of her. …
Washington Counselor’s Breach of Confidentiality Rules Merits Dismissal by The State of Washington Personnel Appeal Board (PAB) has held the dismissal of a Washington Department of Corrections (WDOC) employee for failing to abide by the agencies policy regarding confidentiality when she inappropriately shared information with an employee outside of her …
Washington Guard Wins $72,000 in Race Discrimination Suit by Geronimo Subia, a guard at the Washington state women's prison at Purdy, sued in state court after he was placed on administrative leave for allegedly having sex with a female prisoner. Evidence that Caucasian guards pressured the prisoner to make the …
Washington Guard’s Acceptance of Money for Favors Merits Dismissal by The Washington State Personnel Appeals Board (PAB) has held dismissal is the appropriate sanction for a prison guard who accepted monetary gratuity in exchange for special favors to prisoners. Before the PAB was the appeal of Mark Ortiz, a guard …
Washington Guard’s Pay Reduced for Sleeping on Duty by The State of Washington Personnel Appeals Board (PAB) has denied the appeal of McNeil Island Corrections Center Guard Eric Baker, who was disciplined for sleeping on duty. While assigned to perform hospital watch of a special commitment Center resident at Tacoma …
Washington Guards Pattern of Aggressive Behavior Merits Termination by The State of Washington Personnel Appeals Board (PAB) has held that the termination of a prison guard who addressed a co-worker in a confrontational, derogatory, and unprofessional manner in the presence of a prisoner and who attempted to provoke the prisoner …
Personal Relationship with Prisoner Merits Washington Guard’s Dismissal by The Washington State Personnel Appeals Board (PAB) has held that dismissal of a prison guard is an appropriate sanction for the guard engaging in a personal relationship with a prisoner, gave prisoners gifts, food, and cigarettes, and engaged in conversations of …
Washington Parolee Rapes Woman Who Wins over $200,000 in Lawsuit by Martin Schandel, a paroled Washington state sex offender, raped Margaret Savage. She sued the state for negligent supervision because Schandel wasn't being tested for drug and alcohol use, and wasn't being required to participate in mental health treatment. At …
Washington Prison Employee Terminated for Allowing Prisoners to View Computer Screen by The State of Washington Personnel Appeals Board (PAB has held that termination is appropriate for a prison employee who released confidential prisoner information to prisoners. Before the PAB became the appeal for Kathy Lorentzen, who was a state …
Washington DOC Settles Failure to Supervise Parolee Suit for $975,000 by Nathan Hipsher, a Washington state parolee, was using drugs, failing to participate in drug treatment and not reporting to his parole officer, who didn't have him arrested. He was living with Amber Bulus-Steed at the time, who he eventually …
Washington Prisoner Settles Suit for $5,000 After Being Attacked by Police Dog by Kirk Rishor, a Washington state prisoner, sued the Franklin County Sheriff and Pasco City police in state court after he was bitten by a police dog they sicced on him when he refuse to go to his …
