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$279,000 Harassment Award Upheld in Missouri Nurses' Suit by The Eighth Circuit Court of Appeals upheld judgment against Missouri Department of Corrections (MODOC) officials in favor of nurses who sued for retaliation and sexual harassment. The court also upheld attorney fee awards. Rebecca Hunt and Susan Nurnberg were recruited by …
Article • May 15, 2007
Dismissal of Oregon Guard's Disability Claim Reversed by The Court of Appeals of Oregon held that genuine issues of material fact precluded summary judgment of a former jail guard's disability claim. Scott Evans, a guard employed by the Multnomah County Sheriff's office, had heart surgery and was placed on an …
$1.75 Million Awarded In Ex Prison Guard Sexual Harassment Suit by Joyce K. Broughton, a former prison guard at the Colorado Women's Correctional Facility (CWCF), in Canon City, filed a law suit against CWCF, alleging that her supervisors sexually harassed her on the job. Broughton, started working at CWCF on …
$200,000 Awarded to Prison Nurse for Wrongful Termination by $200,000 Awarded To Prison Nurse For Wrongful Termination Joan Gilles, a 67-year old former prison nurse at the Northern Maine Juvenile Correctional Facility (NMJCF), in Charleston, filed a law suit against Prison Health Services (PHS), a company that provides medical services …
Article • May 15, 2007
$204,472 Paid in WA Sexual Harassment Suit by Lois Elber, a Mental Health Unit Supervisor at the Special Offender Center in Monroe, filed a 42 U.S.C. § 1983 action alleging she was the victim of sexual harassment by Washington Department of Corrections employees Fred Wood and Jerry Minaker. Minaker inappropriately …
Article • May 15, 2007
Nominal Damage Awards Must Apply to All Class Members by The Ninth Circuit Court of Appeals has held that each member of a class action is entitled to receive a nominal damage award, not just the named class representatives. Additionally, the Court held that a district court cannot award attorney …
Article • May 15, 2007
Guards Have Constitutional Privacy Right to Associate with Ex-Prisoners Off-Duty by Guards Have Constitutional Privacy Right to Associate with Ex-Prisoners Off-Duty A Delaware federal district court has held that a prison regulation that prohibits guards from associating with ex-prisoners violates the guard's privacy rights. This action was filed by a …
Gender Discrimination Permissible in Guard Shift Assignment by The Sixth Circuit Court of Appeals held a Title VII claim under the Civil Rights Act of 1964 is not stated where a Sheriff transferred a female guard from the first shift to third shift to comply with state law. The guard …
$15,000 Paid in WA DOC Employees Sexual/Racial Discrimination Suit by Norma Gellineau, an employee at the State Penitentiary at Walla Walla was subjected to comments of an inappropriate nature by Al Breneman. He made references to condoms, touched Gellineau's breast on one occasion, made lewd comments about her not wearing …
New York Guard Awarded $120,000 for Hostile Work Environment From Racial Discrimination by New York Guard Awarded $120,000 for Hostile Work Environment From Racial Discrimination A New York federal jury has awarded a guard $120,000 in his claim that fellow guards created a hostile work environment for him because he …
Article • May 15, 2007
$35,000 Paid to Florida Jail Nurse for Assault by On November 12, 1988, while employed as a nurse at Florida's Palm Beach County Jail, Ella Donald was assaulted by a prisoner on suicide watch after a guard opened the prisoner's cell. The prisoner charged through the door, striking Donald. She …
Article • May 15, 2007
$43,000 Paid in Washington DOC Employee's Gender Discrimination Claim by Scott A. Hepler works for the Washington Department of Corrections as a Community Corrections Officer. In early 1999, Hepler applied for a lateral transfer within WDOC for a position as Community Corrections Officer II at the community-oriented policing station known …
$9,500 Paid in Washington DOC Employee's Whistleblower Suit by William C. Dalton, a nurse at Washington's McNeil Island Correctional Center, repeatedly raised issues regarding deficiencies in equipment, protocol and staffing at MICC. In July 1996, Dalton was instructed to participate in chemotherapy for a patient/prisoner at MICC. Dalton became concerned …
Prison Warden Granted Qualified Immunity in Employee's Death by The U.S. Sixth Circuit Court of Appeals held that the U.S. District Court for the Eastern District of Michigan was correct in denying a prison warden's motion to dismiss a 42 U.S.C. §1983 complaint for failure to state a claim, but …
Careless Removal of Lead-Based Paint from Texas Prison States a Claim by The Texas 14th Court of Appeals at Houston reversed a trial court's dismissal of a prisoner's lawsuit which claimed injuries consequent to the careless removal of lead-based paint from an aging Texas state prison. Early in 2000, Howard …
South Dakota Prison Conditions Unconstitutional by The Eighth Circuit Court of Appeals held that double ceiling may violate the Eighth Amendment in light of other serious deficient conditions of confinement, and a district court may use expert testimony to set prison maximum capacity. This was a class action filed by …
NY DOCS Policy Possibly Violates ADA Prohibition Against Disability Inquiry by The U.S. Court of Appeals for the Second Circuit held that a New York Department of Correctional Services (DOCS) policy requiring employees to provide general diagnoses as part of a medical certification procedure following certain absences generally fell within …
Presumed Damage Award Upheld in First Amendment Case by The Sixth Circuit Court of Appeals held that a general damage award is appropriate in a First Amendment case and such an award allows an attorney fee award. This case was brought by a Winchester, Kentucky fireman, who was suspended from …
Removal Not Precluded By Single Eleventh Amendment Barred Claim by The United States Supreme Court held that a single claim barred by the Eleventh Amendment doctrine of sovereign immunity did not preclude removal to federal court. Keith Schacht, a former guard employed by the Wisconsin Department of Corrections, was fired …
New York DOCS Sick Leave Policy Violates ADA by The U.S. District Court for the Northern District of New York held that a New York Department of Correctional Services (DOCS) sick leave policy requiring employees to provide general diagnoses following certain absences from work violated the Americans With Disabilities Act …
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