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Article • August 25, 2016
Seventh Circuit: Jail Officials Entitled to Summary Judgment in Prisoner's Medical Deliberate Indifference Suit by Derek J. Burton filed a federal civil rights action pursuant to 42 U.S.C. § 1983, alle6inL officials, including medical personnel, at the Jerome Combs Detention Center, an Illinois jail, were deliberate indifferent to his serious …
Article • August 25, 2016
Filed under: Employee Litigation
Seventh Circuit Holds Contested Absences under FMLA Must Be Litigated Within Two Years of Absence by Illinois Department of Corrections (COC) employee Cindy Barrett was terminates after accruing 12 unauthorized absences over 7 years. DOC subjected employees to termination after accumulating 12 unauthorized absences, but expunged all previous unauthorized absences …
Second Circuit Upholds Implicit Waiver of Appearance at Disciplinary Hearing by Bruce Smith was a New York state prisoner when he was charged with the disciplinary infraction of fighting with another prisoner. On the day of his disciplinary hearing, Smith was brought to the hearing room, but the hearing officer …
New Wrongful Death Trial Prompts Potential $600,000 Settlement; Judge Gave Faulty Jury Instructions, Finds Excessive Force by On December 5, 1999, 29 year-old Damon Lowery’s life came to a tragic and, in police custody.  Now, more than five years later, the new trial looming, Portland, Oregon, officials are considering paying …
Article • August 25, 2016
$4 Million Jury Award to Wrongfully Jailed Immigrant Reversed on Appeal by In May 1997, Yongping Zhou (plaintiff), a Chinese mechanical engineer, entered the United States on a fiancée visa. The marriage ended with charges of domestic violence, for which Zhoe was convicted in 1998, though the charges were eventually …
Article • August 25, 2016
Wisconsin DOC Unexpectedly Releases Use of Force Video by The Associated Press (AP) settled a lawsuit against the Wisconsin Department of Corrections (WDOC) for $5,000 in attorney’s fees and an edited copy of a use of force video. The AP sued the WDOC in October 2009 when it refused to …
Article • August 25, 2016
Filed under: Attorney Client
WDOC Adopts Policy Protecting Attorney-Client Communications by The Wyoming Department of Corrections (WDOC) has adopted a policy prohibiting WDOC employees from questioning prisoners about communications with their counsel. Wyoming prisoners Stephan Pevor and Ryan Forney sued the WDOC over its practice of questioning prisoners about attorney-client communications during investigations of …
Article • August 25, 2016
Filed under: Good Time
Washington Court Upholds Prison's Good Time Credit Computation by The Washington State Court of Appeals held that the Washington Department of Corrections (WDOC) correctly calculated a prisoner's time served and good time sentence reduction credit for presentence confinement. Kail Erickson spent 98 days in jail awaiting trial and received 49 …
Article • August 25, 2016
USDC ED NY Grants Opposition to Quash Depositions in Murder/Rape by A magistrate judge at the United States District Court for the Eastern District of New York granted in November 2011 the Plaintiff’s motion opposing Defenses’ motion to quash deposition notices and notice of subpoena in a civil case resultant …
Article • August 25, 2016
US District Court Orders Release of Records to Prisoner by In the United States District Court for the District of New Mexico, before U.S. Magistrate Lourdes A. Martinez, federal prisoner Anceso Rodrigo Aceves prevailed in his efforts to obtain certain prison records pertaining to himself. Defendants were officials of the …
Article • August 25, 2016
Filed under: Attorneys General
TN Attorney General Says Public Records Act Requires Disclosure After Redaction of Exempt Portions of Records by In September, 1998, the Tennessee Attorney General issued its opinion regarding the disclosure of records after redaction of legally exempt parts of the document, without any balancing of interests before disclosure. The AG …
Article • August 25, 2016
Filed under: Trust Accounts
Texas Supreme Court Rules Inmate Trust Accounts Are Civil in Nature by On June 5, 2009 U.S. Justice Willett reversed in part a petition from the Court of Appeals for the Seventh District of Texas of a due-process claim for funds withdrawn from inmate trust accounts. In 2006, Texas prisoner …
Article • August 25, 2016
Filed under: Racial Discrimination
Supreme Court of Alaska Directs Human Rights Commission to Re-investigate Complaint by The Alaska Supreme Court held in June 2012 that the Alaska State Commission for Human Rights breached its duty to conduct an impartial investigation with respect to the complaint of William M. Toliver, II alleging the Brown Jug …
Supermax Prisoner Denied FOIL and Privacy Requests by 10th Circuit by Derek Gilna Mark Jordan, a prisoner at the United States Penitentiary Administrative Maximum Facility (ADX), in Florence, Colorado, has been denied relief under the Freedom of Information Act (FOIA), 5 U.S.C. Section 552, and the Privacy Act (PA), 5 …
State Pays $1 Million to Settle Sex Claims; Jury Finds Against Juvenile Prison Chaplain by Following an eleven-day trial, a Portland, Oregon jury awarded two men $1,400,000 on claims that they were sexually abused by a chaplain at the MacLaren Youth Correctional Facility in the 1970s. Fourteen men brought suits …
Article • August 25, 2016
State of Washington Settles on Wrongful Death Claim by The Superior Court of the State of Washington oversaw the $100,000 settlement in February 2002 of a wrongful death claim brought by the wife of Dexter Villa, who was deceased in October 1998 as a result of the actions and inactions …
Article • August 25, 2016
State of Washington Settles in Damages Claim Brought by Prisoner by The State of Washington reached a settlement of $11,000 and appropriate dental care in February 2004 with Patrick J. Hoffman, a prisoner at Stafford Creek Correctional Center, Intensive Management Unit. Hoffman was housed at Walla Walla State Prison serving …
Stabbed to Death in Sleep, Estate Awarded $850,000 by The estate of a prisoner who was stabbed to death while sleeping was awarded $850,000. Joseph Daniels, a 24-year-old father of two minor children, was confined in a dormitory of a medium-security District of Columbia (DC) prison. A court order required …
Sheriff May Be Liable for Cell-Check Policy that Led to Teenager’s Suicide by In July 2010, a federal district court in Illinois held that a sheriff may be held liable in his official capacity for instituting a cell-check policy under which guards could not personally observe all detainees during overnight …
Sacramento County Pays $58K to Settle Rape Suit Brought by Transgender Detainee by In June 2006, Jackie Tates was paid $58,333.34 by Sacramento County to settle a federal suit filed by Tates, a pre-operative (male-to-female) transgender inmate, alleging that in November 2000, while housed at the Sacramento County Main Jail …
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