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Article • September 15, 2007 • from PLN September, 2007
Forced Work in Dangerous Washington Prison Job Conditions States Eighth Amendment Claim by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that known dangerous prison working conditions can give rise to an Eighth Amendment cruel and unusual punishment claim, even where the prisoner ?volunteered? …
Article • July 15, 2007 • from PLN July, 2007
$90,000 Awarded for Broken Hand During NY Prison Job Assignment by David Reutter by David M. Reutter While a prisoner at New York?s Bayview Correctional Facility, Jeanette Perez was required to assist moving a full garbage dumpster as part of her work detail. When trying to move that dumpster on …
Washington DOC Pays $1,700 in Faulty Kettle Claim by On December 6th, 1989 Alvin Lee Prater, then a prisoner confined at McNeil Island Corrections Center in Steilacoom, Washington, suffered a fall that injured both his right knee and lower back. Prater was working in the institution's kitchen when he was …
Article • May 15, 2007
Washington DOC Pays $60,000 in Prisoner Work Injury by In November of 1999, the State of Washington and the Department of Corrections paid George Vilsack $60,000. On August 4, 1995, Vilsack, a prisoner Washington State Penitentiary in Walla Walla, Washington fell from a scaffolding. Vilsack was instructed by the DOC …
Washington DOC Pays $50,000 to Injured Contractor by In 1999, the State of Washington paid Ramon Martin $50,000. Martin, a free citizen of the State of Washington was employed as a contractor with Washington State. On June 30, 1996, Martin delivered a bucket loader to Clallam Bay Corrections Center in …
Prisoner Burned Washington DOC Paid $4,500 by On June 3, 1994, John L. Cox, a prisoner confined at the Twin Rivers Correctional Facility in Monroe, Washington, was severely burned. Cox, working as a steam fitter, was ordered to remove a fitting to repair a broken pump when the fitting blew …
Washington DOC Pays $10,500 in Slip and Fall by In 1997, the State of Washington and the Department of Corrections paid Mark A. Kostatelos $10,500. Kostatelos, a prisoner residing at McNeil Island Correctional Center in Steilacoom County, Washington, worked in the marine maintenance and repair shop as a marine mechanic. …
Washington DOC Pays $4,500 in Kitchen Hose Explosion by On April 11th, David Whitener, a prisoner confined at Washington State Penitentiary in Walla Walla, Washington suffered severe burns while working in the institution's kitchen. Whitmer was washing dishes in the dish tank when the hot water hose attached to the …
Fifth Circuit Reverses Injunction Against Pesticide Use, Dismisses Damage Claim by Fifth Circuit Reverses Injunction Against Pesticide Use, Dismisses Damage Claim The U.S. Fifth Circuit Court of Appeals held that a prisoner's work assignment, which required him to come into contact with a pesticide, did not constitute cruel and unusual …
New York Prisoner Awarded $295,000 For Knee, Ankle Injury by On July 29, 1999, a court of claims in White Plains, New York, awarded $295,000 to a prisoner who suffered knee and ankle injuries when a stack of cartons containing frozen meat fell on her. New York state prisoner Karen …
Article • May 15, 2007
California: County Prisoner Injured Knee In Fall, Awarded $96,000 by On June 5, 1995, a jury in San Francisco County, California, awarded $96,000 to a prisoner who injured his knee in a job related fall. Plaintiff Nelson A. Portillo, 29, was serving a jail sentence at the San Francisco County …
Missing Finger Tips Cost Washington DOC $2,500 by In February of 1997, the State of Washington and the Department of Corrections paid Richard L. Campbell $2,500. On January 18th, 1996, Campbell, a prisoner residing at Washington Corrections Center in Shelton, Washington, was working in the kitchen's meat room when he …
$250,500 Verdict in Illinois Retaliation Claim by In February 1988, James Fergueson was a prisoner at Illinois' Menard Correctional Center when he had an argument with Mary Flannigan, the director of the Menard Psychiatric Center. Fergueson was upset that he had been transferred to Graham Corrections Center and back to …
Article • May 15, 2007
$303,113 Verdict in Negligence Failure to Train Arizona Worker Case by While imprisoned in Arizona, James Jenkins agreed to work in the Department of Public Works Maintenance yard in Duncan. On October 9, 1996, Jenkins was instructed to take a street sweeper to a gas station. He lost control of …
Article • May 15, 2007
Slip and Fall Injury Claim Dismissed by The plaintiff slipped and fell while trying to repair a roof leak. He complained that some aspects of his treatment were delayed and he never got a barium study and a sigmoidoscopy. This complaint amounted only to a difference of opinion about treatment …
Article • May 15, 2007
New York Prisoner Awarded $279,583 For Work-Related Arm Fracture by In June 1998, a New York court of claims awarded $279,583 to a prisoner who sustained a lower arm fracture after falling into an excavated area at a state prison. The prisoner argued that prison officials should have foreseen the …
New York Prisoner Awarded $350,000 For Work-Related Fractures by In February 1998, a New York court of claims awarded $350,000 to a prisoner who suffered heel and elbow fractures when he fell from the roof of a state prison. The award was reduced to $140,000, however, after the judge determined …
Washington DOC pays $1,000 to Settle Work Suit by Washington DOC Pays $1,000 to Settle Work Suit In 1994, the State of Washington paid Robert Ryan Schmolke $1,000 to settle a suit. In 1989, Schmolke, a prisoner then confined at Washington Corrections Center in Shelton, Washington, was painting stripes in …
Article • May 15, 2007
Washington DOC Pays $15,000 for Scaffolding Injury by In 1997, the State of Washington and the Department of Corrections paid Michael W. Petrycki $15,000. Petrycki, a prisoner confined at Airway Heights Corrections Center in Airway Heights, Washington, suffered a head injury as he followed his supervisor to work. On 1994, …
Texas Prison System Declared Unconstitutional; Reforms Ordered by In a class-action suit by Texas prisoners with the U. S. as a plaintiff-intervenor, a Texas federal district court held that Texas prisons: (1) were grossly overcrowded; (2) had wholly inadequate sanitation and recreation facilities; (3) used inadequate disciplinary procedures; (4) allowed …
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