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Article • July 15, 2008 • from PLN July, 2008
$150,000 Settlement in Pennsylvania Jail Prisoner’s Suicide by Pennsylvania’s Luzerne County Correctional Facility (LCCF) has agreed to pay the family of a prisoner who committed suicide $150,000. The family contended LCCF was deliberatively indifferent to the risk that prisoner Luke Blumer, 19, posed to himself. Blumer was known to be …
Article • July 15, 2008 • from PLN July, 2008
$35,00 Settlement in Sexual Assault of Pennsylvania Female Prisoner by Guard by The Pennsylvania Department of Corrections (PDOC) has settled a female prisoner’s federal lawsuit that claimed she was sexually assaulted by two male guards and videotaped naked by a female guard for $35,000. The settlement came in the case …
Article • July 15, 2008 • from PLN July, 2008
Washington State Sex Offender Vigilante Dies In Prison by On April 15, 2007, Michael Mullen, 36, the Washington State prisoner convicted of having committed vigilante murders of two registered sex offenders, was found dead in his cell at the Stafford Creek Corrections Center near Aberdeen, Washington. Mullens was alone in …
Ninth Circuit: Prisoner’s Eighth and Fourteenth Amendment Classification Claims Fail Sandin Test by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals, applying the “atypical and significant hardship” test of Sandin v. Conner, 515 U.S. 472 (1995), affirmed a U.S. District Court’s (N.D. Cal.) ruling that …
Article • July 15, 2008 • from PLN July, 2008
Change in Texas Parole Law May Be Ex Post Facto Violation by Matthew Clarke by Matthew T. Clarke The Fifth Circuit Court of Appeals has held that a change in Texas parole laws requiring a two-thirds majority vote of the entire board for certain prisoners may violate the Ex Post …
Article • July 15, 2008 • from PLN July, 2008
Filed under: News, News in Brief
News in Brief: by Alabama: On September 26, 2007, Leigh Cochran, 33, a guard at the Houston County Jail was sentenced to five years probation after pleading guilty to felony custodial sexual misconduct and two misdemeanor counts of promoting prison contraband. California: On February 23, 2008, 21 prisoners were injured, …
Ninth Circuit: Vested Retirement Benefits May Be Garnished to Pay Criminal Fines by The Ninth Circuit U.S. Court of Appeals, sitting en banc, held that the federal Mandatory Victims Restitution Act of 1996 (MVRA) trumps the anti-alienation provisions of the Employee Retirement Income Security Act of 1974 (ERISA), so as …
Montana Public Defender's Deposition Subject to Public Scrutiny by The Billings Gazette, a Montana newspaper, sued in state court to compel disclosure of a deposition given by Yellowstone County's chief public defender, Sanford Selvey in connection with a civil action which resulted in Selvey's resignation as public defender. The trial …
Article • July 15, 2008
Nevada Board of Commissioners' Phone Records Subject to Disclosure under State PRA by DR Partners (newspaper) sued the Clark County (Nevada) Board of Commissioners in state court under the state Public Records Act (PRA) Nev. Rev. Stat. § 239.010 at seq., to compel disclosure of the Board's phone records. The …
Article • July 15, 2008
Nevada Railway Project Documents Exempt from Disclosure by The Reno Gazette-Journal (newspaper) sued the city of Reno, Nevada in state court to compel disclosure of documents associated with a railway's property acquisition and relocation. The trial court found that the state Public Records Act (PRA) Nev. Rev. Stat. § 342.105 …
Article • July 15, 2008
Nevada Police Report Must Be Disclosed to Public by Dorney of Nevada, Inc. (newspaper) sued the Reno, Nevada Police Department in state court to compel disclosure of an investigation report. The trial court dismissed, believing that Nev. Rev. Stat. § 179A rendered all such reports exempt from disclosure to the …
Article • July 15, 2008
New Hampshire Prisoner May Use Non-Mutual Offensive Collateral Estoppel by On January 17, 2006, a federal district court in New Hampshire ruled that a prisoner may use non-mutual offensive collateral estoppels for facts established in another prisoner's lawsuit to prove that jail conditions were governed by official policy, custom, or …
Article • July 15, 2008
Texas Prisoner’s State, Federal Work-Related Injury Claims Reinstated by A Texas appeals court held in this case that because a prisoner’s state and federal work-related injury claims against the Texas Department of Criminal Justice (TDCJ) were based in law, dismissal as frivolous was improper. State prisoner Jumeau Onnette was painting …
Article • July 15, 2008
Three More Oregon cops Fall on Sex Charges; Protect and Serve, Just Not Kids by Three more names can be added to the long list of Oregon law enforcement officials who are caught engaging in sexual misconduct involving minors. On September 19, 2007, Brian Ferguson, a 7-year veteran of the …
Article • July 15, 2008
Washington Union Shop Stewards Pay Reduction Appropriate for Possessing Confidential Prisoner Medical Information by The State of Washington Personnel Appeals Board (PAB) has a prison nurse who viewed confidential material from a prisoners medical file in her capacity as a shop steward properly was sanctioned a pay reduction when that …
Article • July 15, 2008
Washington Community Correction Officer’s Failure to Manage Caseload Merits Dismissal by The State of Washington Personnel Appeals Board (PAB) has held that dismissal is the proper sanction for a Community Correctional Officer who demonstrated a continued pattern of being unable to demonstrate she had the necessary skills or judgment to …
Article • July 15, 2008
Washington Cop Sexually Abuses 15-Year-Old Who Wins $325,583 at Trial by In 1995, Larry Jackman was a cop in the town of Wilkerson, Washington. On several occasions he had sex with then 15-year-old Crystal Bailey. She later sued Jackman and the town, claiming that Jackman had taken advantage of her. …
Article • July 15, 2008
Washington Counselor’s Breach of Confidentiality Rules Merits Dismissal by The State of Washington Personnel Appeal Board (PAB) has held the dismissal of a Washington Department of Corrections (WDOC) employee for failing to abide by the agencies policy regarding confidentiality when she inappropriately shared information with an employee outside of her …
Article • July 15, 2008
Washington Guard Wins $72,000 in Race Discrimination Suit by Geronimo Subia, a guard at the Washington state women's prison at Purdy, sued in state court after he was placed on administrative leave for allegedly having sex with a female prisoner. Evidence that Caucasian guards pressured the prisoner to make the …
Article • July 15, 2008
Washington Guard’s Acceptance of Money for Favors Merits Dismissal by The Washington State Personnel Appeals Board (PAB) has held dismissal is the appropriate sanction for a prison guard who accepted monetary gratuity in exchange for special favors to prisoners. Before the PAB was the appeal of Mark Ortiz, a guard …
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