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New Jersey District Court: Reargument Granted In PHS Negligence Claim by On January 10, 2005, the U.S. District Court for the District of New Jersey agreed with a state prisoner’s contention that Prison Health Services’ (PHS) failure to monitor her lithium levels fell under the common knowledge exception of N.J. …
Article • July 15, 2008
Filed under: Work, Workplace Injury
No Damages Awarded for Job-Related Hand Injury by A female New York prisoner prevails but is awarded no damages for an on-the-job hand injury. Ms. Miner was a New York prisoner when her hand was caught in a plate roller she was operating. She sustained only minor injuries. Minor filed …
Article • July 15, 2008
Injuries from Falling Ice Nets $3,000 for Massachusetts Prisoner by A Massachusetts prisoner was paid $3,000 to settle claims of injuries from ice falling from a building rooftop. Mr. Simmonds was a Massachusetts prisoner when he was hit by ice that fell from a rooftop, suffering bruises and lacerations to …
Article • July 15, 2008
OH Prisoners Must Get Court Order Declaring Documents Necessary for Actionable Cause Before PRA Requires Disclosure by Daniel Ritter, an Ohio state prisoner, petitioned for a Writ of Mandamus to compel a trial judge to provide him with documents associated with his criminal proceeding, pursuant to the state Public Records …
Article • July 15, 2008
White Oregon Guards Wrongly Fired in Reverse Discrimination Suit Win $1,000,000 Jury Verdict by Russell Rice and Larry Lytle, both career employees of the Oregon state Department of Corrections, were fired by superintendent Frank Thomas of the Santiam Correctional Institute in early 2004. Both had long histories of exemplary performance. …
Article • July 15, 2008
Oregon Death Row Prisoner Awards Victims $58.5 Million by In September, 2007, an Oregon death row prisoner settled a wrongful death action brought by his victim’s family. The deal awards the family approximately $58.5 million, barring the prisoner from profiting from the story of his crimes. Just before Christmas, 2001, …
Article • July 15, 2008
Oregon Guard Wins $402,000 in Disability Discrimination Suit by Bruce Anglin, an Oregon state prison guard, was off work for an undisclosed amount of time and reason. When he was again ready for work, the state Department of Corrections (DOC) didn't reinstate him to suitable work. He filed a disability …
Article • July 15, 2008
Oregon Law Requires Disclosure of Some Parole Records by A former Oregon State prisoner, identified only as Turner, sued the state Department of Corrections (DOC) in state court under state Public Disclosure Law (PDL), Ore. Rev. Stat. 192.410 et seq., to compel disclosure of his parole file. The trial court …
Article • July 15, 2008
Oregon Prisoner Wins $58,000 for Injury in County Jail by Shane Bowers, a Multnomah County, Oregon prisoner, was housed in a cell which required him to traverse stairs, even though he had a crippled Leg. He sued the jail in state court for new damage thereby caused to his knee, …
Article • July 15, 2008
Oregon PRL Required Disclosure of Records Pertaining to Police Internal Investigations by Patrick Rice and Karen Rutledge, Portland, Oregon residents, sued the city of Portland in state court under state Public Records Law (PRL), Or. Rev. Stat. § 192.420 et seq, to compel disclosure of records pertaining to a police …
Article • July 15, 2008
Oregon PRL Requires Disclosure of Documents Pertaining to Internal Investigations of Cop's Misconduct by May Davis, a citizen of Portland, Oregon, sued Portland police (City) in state court under state Public Records Laws (PR § L), Or. Rev. Stat. 192.420 et sec, to compel disclosure of records for an internal …
Article • July 15, 2008
Oregon PRL Requires Disclosure of Records for Cop's Disciplinary Action for shooting Civilian by The Oregon Publishing Co. (newspaper) sued the city of Portland, Oregon in state court under state Public Records Laws (PRL), Ore. Rev. Stat. § 192.420 et sec, to compel disclosure of records pertaining to the fatal …
Article • July 15, 2008
Filed under: Mental Health
The Good, The Bad and The Mad - Westword article by Alan Prendergast by Alan Prendergast What happens to the mentally ill in the justice system is just crazy. By Alan Prendergast Published: May 29, 2008 On a bitter winter morning four years ago, Heather Gooch stood in her apartment …
Article • July 15, 2008
After Convictions Final, Prisoners Records Subject to Florida’s Public Records Law by The Florida Supreme Court has held that the state attorney and other state agencies must disclose records pertaining to a defendant’s case upon the conviction and sentence becomes final. The disclosure comes under the requirements of Florida’s Public …
Alabama Guard Wins $205,000 in Sexual Harassment Suit by Mark Dempsey, a guard at an Alabama state prison, complained that his supervisor, Jim Gates was sexually harassing him. Gates, among other things, had made inappropriate homosexual remarks and jabbed Dempsey in the anal area with his nightstick. They met with …
Article • July 15, 2008
Michigan Pays $450,000 to Woman Hit by Prison Van by On March 30, 2006, the State of Michigan paid $450,000 to settle a lawsuit brought by a woman who suffered severe leg fractures after being hit by a prison van. Rosalee Farraher, a 69-year-old retired female, claimed in her lawsuit …
Article • July 15, 2008
New York DOC Settles Guard's Religious Observance Suit for $50,000 by Abdul Haqq, a New York state Department of Correctional Services (DOC) guard and devout Muslim, was ordered to stop wearing his kufi (small close-fitting skullcap) at work. He filed suit in federal district court, alleging that the same violated …
New York Prisoner Awarded $500 for 20 Days’ Wrongful Isolation by On June 21, 2006, a New York Court of Claims awarded $500 to a prisoner who claimed he was kept in “almost total isolation” for 20 days while housed at the Elmira Correctional Facility in order to attend two …
OH DOC Not Required to Take Prisoners Outside of Prison for Religious Rites by Ralf Beasley, an Ohio state prisoner, wanted to convert to Orthodox Judaism, but to do so he would have to visit an outside synagogue to receive a ritual bath called a Mikvah. When prison officials refused …
Article • July 15, 2008
Seventh Circuit Reverses FTCA Dismissal; BOP Still Liable for Lost Property by The Seventh Circuit Court of Appeals reaffirmed an earlier holding that the government is not immune from suit for lost property. During a February 2000 “shake down,” federal prisoner David Dahler had a pair of shoes and four …
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