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Disciplinary Hearing Requires Fact Finding by The court of appeals for the Seventh circuit upheld the dismissal of an Illinois state prisoner's lawsuit over searches of his cell for refusing to pay a guard's extortion demand and that the guard planted false evidence in his cell as a result. The …
Class Certified in New York Jail Post Riot Retaliation Suit by A New York federal district court held that class certification is proper when common issues of fact and law predominate; a federal forum is proper when federal constitutional and statutory violations are alleged; and the prisoners in this action …
$40,000 Paid in Washington Guards' Defamation Suit by Michael and Heidi Malpass, husband and wife, worked at the Washington Corrections Center as guards in 1997. Using hearsay information provided by WCC staff members, Lt. Waller compiled a list of eleven names of persons claimed to be involved in or associated …
Texas Jail Director's Conviction Upheld by The Fifth Circuit Court of Appeals affirmed the convictions of two defendants charged with extortion and conspiracy to extort under the Hobbs Act, 18 U.S.C.§ 2 and 1951. The defendants were Jose Marcelino Rubio, Sr., the father of the District Attorney for Texas' Web …
Arbitrary Censorship and Abuse of Disabled Prisoners Unlawful by The Sixth Circuit has held that the First Amendment protects prisoners from capricious interference with their incoming mail and that actual physical injury is not a requisite to show an Eighth Amendment violation of cruel and unusual punishment. George Parrish and …
Raped Georgia Prisoner Awarded $300,000 Against Jailer, City by In this civil rights lawsuit, a Georgia-prisoner who was allegedly raped in her cell by a city jailer was awarded $300,000 plus attorneys fees and court costs. Plaintiff, Mary Isdell, claimed that while she was imprisoned in the Forest Park Jail, …
Article • May 15, 2007
Georgia Student's Personal Injury Suit Against Guards Dismissed by The Court of Appeals of Georgia affirmed the Tattnall County, Superior Court's decision to enter summary judgment for prison guards in a personal injury complaint brought by a fifteen-year-old boy (plaintiff) who was physically restrained by the two guards during a …
Article • May 15, 2007
New Mexico County Settles Sex Assault Claim for $40,000 by During the week of June 26, 2000, San Juan County, New Mexico, agreed to settle for $40,000 a former prisoner's lawsuit that claimed she was sexually assaulted by two jailers at the county jail. Plaintiff Sandra Lucero alleged that during …
Iowa Jail Employee's Whistleblower Jury Award Reduced to $258,027 by Matthew Clarke by Matthew T. Clarke On December 31, 2003, a federal judge in Iowa reduced a whistle-blowing former assistant jail administrator's $250,000 jury award for emotional distress to $130,000 while letting stand the remaining award of $128,027 for lost …
The Eleventh Circuit Court of Appeals Upholds Judgment and $25,000 Award Against Prison Guard For Injuries Prisoner Received When Stabbed by The Eleventh Circuit Court of Appeals Upholds Judgment and $25,000 Award Against Prison Guard For Injuries Prisoner Received When Stabbed Alabama state prisoner Willie Glover filed a §1983 suit …
Article • May 15, 2007
Prison Superintendent's Demotion for Misconduct Upheld by Craig Hilliard, former Superintendent in charge of the Davidson County Correctional Center of the North Carolina Department of Corrections (DOC), appealed an administrative decision that he engaged in multiple acts of misconduct. Hilliard was demoted to the position of Programs Supervisor and filed …
PLN Nazi Guard Censorship Suit Remanded for Injunctive Relief by The court of appeals for the Ninth circuit, in an unpublished opinion, affirmed in part and reversed in part a Washington federal district court's grant of summary judgment to Washington Department of Corrections officials who censored the May, 1999, issue …
Texas Prison Guards Who Murdered a Convict Sent to Federal Prison by On March 13, 2002, two former Texas prison guards admitted in plea agreements that they beat a prisoner to death. Their pleas were accepted by U.S. District Judge Howell Cobb who sentenced them to federal prison. Joel Lambright …
Tenth Circuit Affirms Suicide Verdict in Trentadue Case by The decedent, arrested for a traffic violation and found to have an outstanding warrant for federal parole violations, was sent to a federal prison for a parole violation hearing, asked for protective custody two days later, and was found in his …
Tenth Circuit Upholds Guards' Convictions for Prisoner Beating; Remands for Sentencing by Tenth Circuit Upholds Guards' Convictions for Prisoner Beating; Remands for Sentencing The Tenth Circuit Court of Appeals upheld the criminal convictions of three GEO Corporation (formerly Wackenhut) guards for beating a prisoner. The court remanded for re-sentencing. On …
Article • May 15, 2007 • from PLN May, 2007
Record Number of Texas Prison Guards Arrested by Matthew Clarke by Matthew T. Clarke It has often been said that it?s hard to tell the cops from the crooks. In Texas this may be true for prison guards as well. In April 2006, the Texas Department of Criminal Justice (TDCJ) …
Prison Guard Convicted of Filing False Disciplinary Reports by A federal district court denied a motion by Brazoria county jail guard Wilton Wallace to dismiss federal criminal charges against him stemming from the filing of false disciplinary reports against prisoners at the jail. Wallace unsuccessfully argued that prisoners have no …
Article • May 15, 2007
Sheriff Liable for Guard Hiring in Suicide by The court of appeals for the Ninth circuit held that a Montana sheriff was liable for hiring a deputy sheriff with a history of abusive violence towards prisoners. The hiring was the proximate cause of the suicide of a Native American jail …
Prisoner Ordered Transferred to Escape Warden's Death Threats by The court of appeals for the Eighth circuit ruled that a notorious Arkansas prisoner's life was in danger after the prison warden threatened to kill him. The court ordered the prisoner's transfer to a state or federal prison outside of Arkansas …
Driver's License Examiner Denied Qualified Immunity in Prisoner's Sexual Assault by The United States District Court for the Northern District of Oklahoma denied a former driver's license examiner summary judgment on grounds of qualified immunity in a case in which the examiner is charged with sexually assaulting a female work …
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