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Florida Jail Liable in Medical Neglect Death by PHS by Carol Ancata, personal representative of Anthony Ancata, deceased, and natural guardian of Tara Ancata, filed a lawsuit against Prison Health Services, Inc. (PHS), the Broward County Jail and the Sheriff of Broward County (defendants) for violating Anthony Ancata's Fourteenth and …
$1,135,000 Paid to Massachusetts Prison Guard for Rape by A Massachusetts prison guard in her 20's was working at MCI- Shirley when a prisoner defeated his cell's locking mechanism and brutally beat and raped her. She sued the manufacturer and contractor of the precast modular jail cells. There was a …
Prison Liable in Denying Bone Marrow Transplant by The court of appeals for the Eighth circuit held that prison officials can be held liable for promulgating policies that deny treatment to prisoners suffering from fatal illnesses, even when the prison has contracted out its medical care to a third party. …
Article • May 15, 2007
Private Prison State Actor for Liability Purposes by In an unpublished ruling, the court of appeals for the Tenth circuit upheld dismissal of a New Mexico prisoner's claim that he was unlawfully transferred from a state prison to one run by a private, for profit company. Judge McKay concurred with …
California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement by California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement On March 30, 1999, California Forensic Medical Group (CFMG) and two doctors agreed to pay a total of $725,000 to settle claims against them arising from a prisoner's death …
Article • May 15, 2007
Florida: Federal Court Awards Jail Builder $2,300,677 In Contract Action by A construction company tired to build a Volusia County branch jail in Daytona Reach, Florida, was awarded $2,300,677 for extra work the company was required to perform and for the outstanding balance on the contracted construction price. Plaintiff Noonan-South, …
$450,000 Award Against CMS, County In Death of Illinois Jail Prisoner by On May 16, 2002, a jury found Correctional Medical Services (CMS) of Illinois and Kane County liable for the death of Ethel Hare--a prisoner with chronic liver disease, hepatitis, and HIV--and awarded her estate $450,000. While imprisoned in …
FL Country Club Settles For $475,000 With Golf Cart Driver by On August 6, 2002, Joseph Gautette was driving a golf cart at the Cobblestone Country Club in Stuart, Florida. He was injured when he collided with a maintenance vehicle being driven by a prisoner in a work release program. …
Article • May 15, 2007
No Prejudgment Interest Awarded To Washington Prison Contractor Prior To Court Judgment by No Prejudgment Interest Awarded To Washington Prison Contractor Prior To Court Judgment Flour Daniel, Inc., a contractor, challenged an arbitrator's award of six million dollars to build the Stafford Creek Corrections Center in Washington State. Flour characterized …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
Article • May 15, 2007
Contract Rabbi Acting In Ecclesiastical Nature by Washington state prisoner James Shilling, a converted orthodox Jew, filed a Federal civil rights complaint against Washington and Nevada Department of Corrections (DOC) personnel, as well as Rabbi Gary Friedman, alleging that they denied him kosher meals while housed in Nevada DOC as …
Article • May 15, 2007
Private Transportation Company Owes No Legal Duty To Escapee's Victim's Family by In 1999, Kyle Bell was tried and convicted of the 1993 murder of Jeanna North by the state of North Dakota. Transcor America Inc., a private prison transportation company, was contracted by the state of North Dakota to …
South Carolina Jail Prisoner Awarded $2,000 In Mediation For Work-Related Injury by South Carolina Jail Prisoner Awarded $2,000 In Mediation For Work-Related Injury In December 1997, a Horry County, South Carolina, prisoner was awarded $2,000 in mediation for injuries he sustained while working at a county landfill. The prisoner claimed …
$2,000,000 Jury Verdict in Negligence Suit in Hospital for Failure to Protect by When a New York City police officer took an arrestee to St. Vincent's Hospital for treatment of superficial hear wounds, emergency room personnel instructed the officer to remove the arrestee's handcuffs because he would be considered a …
FTCA Doesn't Apply to BOP Surgeon Contractor by The plaintiff federal prisoner sued his surgeon for malpractice; the court substituted the United States as defendant per the Federal Tort Claims Act; the U.S. said that the surgeon is an independent contractor, not a federal employee, so the substitution was wrong …
Article • April 15, 2007 • from PLN April, 2007
California Prisoner Fed Finger Settles with Florida Food Manufacturer by On January 31, 2006, a Florida food company reached a confidential settlement agreement with a California state prisoner who found a three-quarter inch long human finger tip in one of the company?s prepackaged meals. While confined in isolation at California?s …
Article • April 15, 2007 • from PLN April, 2007
Two Victories in New York’s Struggle Against Unjust Telephone Contract by Rachel Meeropol Two Victories in New York's Struggle Against Unjust Telephone Contract by Annette Dickerson, Rachel Meeropol, and Lauren Melodia Families of those incarcerated by New York State finally won some justice this winter in their fight against a …
California DOC Substance-Abuse Contractor Audits Reveal $5 Million in Overcharges by John Dannenberg by John E. Dannenberg California?s Inspector General (IG), the state?s overseer of the California Department of Corrections and Rehabilitation (CDCR), discovered $5 million in past overcharges from three substance-abuse treatment contractors, plus $258,250 in overstated expenses and …
Article • March 15, 2007 • from PLN March, 2007
Appeals Court Reverses Summary Judgment of Washington Phone Suit by A Washington appeals court has overturned a lower court's grant of summary judgment to telephone companies in a lawsuit alleging they failed to disclose rates to recipients of prisoner-initiated phone calls as required by state law. In 2000, Sandy Judd, …
PHS Redux: Sued In A Dozen States, Contract Losses, Stock Plummets, Business Continues by John Dannenberg by John E. Dannenberg Prison Health Services (PHS), a subsidiary of America Service Group, Inc. (ASG), continues to face lawsuits and lose contracts for its deplorable record of prisoner health care gaffes in a …
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