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Article • May 15, 2007
Damages Reduced in CT Police Failure to Protect from Police Case by A jury awarded $2,000 compensatory and $200,000 in punitive damages in a case involving a police official's refusal to act on a request for protection from another police officer. The court concludes that some punitive damages are appropriate …
Article • May 15, 2007
Gay Massachusetts Jailer Awarded $623,600 For Hostile Work Environment by On June 30, 2003, a jury in an unknown Massachusetts court awarded $623,600 to a jailer at the Suffolk County House of Corrections who claimed he suffered harassment due to his sexual orientation. The male plaintiff claimed that in late …
EEOC Complaint Exhausts Title VII Claim by At 376: While Title VII allows for loose pleadings before the EEOC and a complainant need not list every detail of her alleged discriminatory treatment, a charge of discrimination needs to provide sufficient specifics to afford the EEOC a reasonable opportunity to fulfill …
No Qualified Immunity for Firing Jail Medical Director Over Trial Testimony by The plaintiff alleged that he was fired as jail administrator in retaliation for giving truthful testimony in the civil trial of claims by nurses fired by the jail's medical contractor for criticizing mental health services in the jail. …
Article • May 15, 2007
EEOC Complaint Must Allege Scope of Later Litigation by At 131: "The purpose of the charge and government investigation is to address and resolve discrimination charges as quickly and inexpensively as possible, without the cost and duration of formal litigation. The scope of any subsequent lawsuit is limited to 'the …
Article • May 15, 2007
Employers Entitled to Discovery on Plaintiffs Mental State by A plaintiff who alleged mental distress in an employment case did not place his mental condition "in controversy" entitling the defendants to a Rule 35 psychiatric examination. At 194: "No specific psychiatric malady has been alleged nor has Bowen asserted a …
General Compensatory Damages Upheld by 11th Circuit by A memorandum from the county counsel containing legal advice, but not designated "privileged" or "confidential," was properly admitted into evidence notwithstanding a claim of attorney-client privilege, absent evidence regarding who, if anyone, received it other than its addressees, or what the addressees …
Article • May 15, 2007
California Guards Assigned Word Puzzles by California Guards Assigned Word Puzzles to Satisfy Training Requirements California State Assembly Member Rudy Bermudez, himself a member of the powerful prison guards union (CCPOA) while on leave from his prison job to serve elective office, sharply criticized the practice of solving word puzzles …
Chicago Jail Social Worker Punched In Face; Suspended For Speaking Out; Awarded $300,000 by Chicago Jail Social Worker Punched In Face; Suspended For Speaking Out; Awarded $300,000 In a dispute over a parking space on September 17, 2001, Cook County Jail guard Donald Keith punched jail social worker Virgean Houskins …
Article • May 15, 2007
Maryland Guard's Sexual Harassment Suit Settled For $250,000 by While denying all claims of sexual harassment, the Maryland Department of Public Safety and Correctional Services on January 19, 2006 has agreed to a $250,000 settlement with former guard, LaShawn Jones, to avoid a trial. Jones claimed she endured sexual propositions, …
Years Later, $95,000 Attorney Fees Paid in Essex County Jail Conditions Suit by After 12 years of disputing the amount to be paid to Massachusetts Correctional Legal Servicer (MCLS) for attorney fees relating to a class action suit, officials in Essex County agreed on July 8, 2004, to pay $95,069.89 …
Connecticut Guards Firing for Motorcycle Gang Membership Denied PI by State correctional officers were issued "formal counseling" for violating the state's policy against engaging in conduct that constitutes or looks like a conflict of interest, engaging in unprofessional or illegal behavior that could reflect negatively on the agency, and acting …
Article • May 15, 2007
Firing Whistleblowing Cop Unconstitutional by The plaintiff police officer filled out a required use of force report and implicated an officer in a beating (the suspect was not bleeding when the plaintiff left and was bleeding when he returned.) The plaintiff police sergeant expressed concerns to a lieutenant about the …
Article • May 15, 2007
Title VII Plaintiff Can Rely on EEO Statements for Exhaustion Purposes by The court applies equitable principles to excuse the plaintiff from exhausting one aspect of her Title VII claim because she withdrew the relevant administrative charge based on the incorrect advice of an EEO counselor. At 17-18: "Failure to …
Sixth Circuit Finds No Deliberate Indifference in Prison Employee's Death by The U.S. Sixth Circuit Court of Appeals affirmed a district court's grant of summary judgment to officials of the Michigan Department of Corrections (MDOC) and the Huron Valley Men's Facility (HVMF) in a case alleging that a prison employee's …
Fired Guard Eligible for Unemployment Benefits by A Louisiana appeals court upheld unemployment benefits for a fired Corrections Corporation of America (CCA) guard. While working at the Winn Correctional Center in Louisiana, the guard witnessed another guard speaking offensively to a black prisoner. The observing guard wrote a letter addressing …
Article • May 15, 2007
Washington DOC Pays $80,000 in Guard Slip and Fall by In 1999, the State of Washington and the Department of Corrections paid Joann L. Sprengel and Lew Sprengel (husband and wife) $80,000. On February 14, 1995, Joann Sprengel was leaving to go home from work when she slipped and fell, …
Wyoming Prison Not Liable in Guard's Death by The court of appeals for the Tenth circuit upheld the dismissal of a § 1983 suit filed by the widow of a Wyoming prison guard killed by three escaping prisoners. The court held that the prison had no "special relationship" with the …
Article • May 15, 2007
BOP Visit Rules Do Not Create Liberty Interest; Spouse May Sign Documents on Behalf of a Spouse by BOP Visit Rules Do Not Create Liberty Interest; Spouse May Sign Documents on Behalf of a Spouse The Eleventh Circuit Court of Appeals has held that the Federal Bureau of Prisons (BOP) …
Article • May 15, 2007
Guard's Drug Test Constitutional by The U.S. Eighth Circuit Court of Appeals affirmed with modification a federal district court's grant of summary judgment and dismissal to municipal defendants who fired a guard who had failed a random drug test. Eugene Booker was a guard at the Medium Security Institution (MSI) …
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