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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 …
Article • July 15, 2008
Washington Guard’s Pay Reduced for Sleeping on Duty by The State of Washington Personnel Appeals Board (PAB) has denied the appeal of McNeil Island Corrections Center Guard Eric Baker, who was disciplined for sleeping on duty. While assigned to perform hospital watch of a special commitment Center resident at Tacoma …
Article • July 15, 2008
Washington Guards Pattern of Aggressive Behavior Merits Termination by The State of Washington Personnel Appeals Board (PAB) has held that the termination of a prison guard who addressed a co-worker in a confrontational, derogatory, and unprofessional manner in the presence of a prisoner and who attempted to provoke the prisoner …
Article • July 15, 2008
Massachusetts Action to Compel Medical Treatment Dismissed; Lacked Eighth Amendment Claim, Diagnosis by Massachusetts State pro se prisoner Kenneth Mocks brought an action to compel the State Department of Corrections Director of Health Services, John Noonan, to provide allegedly needed medical care. Also named as a defendant, but judicially dismissed, …
Article • July 15, 2008
Cincinnati Police Misconduct Settlement Ordered Discloseable Despite Protective Order Or Confidentiality Provision by The Cincinnati Enquirer (Enquirer) sought production in mandamus of a settlement agreement which the appellate court denied in 2002 as exempt "trial preparation" records. The denial was reversed, and the Enquirer was awarded attorney's fees. A U.S. …
Article • July 15, 2008
Prisoner's Action Affirmed Against North Carolina DOC For Negligence Leading To Amputation by The North Carolina Department of Correction (DOC) appealed the reversal of a 1989 summary judgment grant dismissing state prisoner Joe Medley's action for a DOC contracted private physician's negligence. The court affirmed the dismissal holding that the …
Article • July 15, 2008
$307,142 Awarded For Florida False Arrest And Malicious Prosecutions by Florida residents Noel Rivera, Mam Asad, and Tony Garcia (plaintiffs) brought action against County of Miami Dade Police for Fourth and Fifth Amendment violations when they were falsely arrested and detained, largely without bail, for a 2000 incident in which …
Article • July 15, 2008
$50,000 Jury Award To Massachusetts Nurses Wrongfully Discharged By Correctional Medical Services by Two Massachusetts nurses, Fitzgerald and Landry, brought suit against Correctional Medical Services (CMS) for defamation of character after being fired over baseless accusations of one alleged eyewitness. The jury awarded them $50,000 collectively. After holding a door …
Article • July 15, 2008
Maryland State Damages Cap Trumps Federal Awards For 11 Year Old Paraplegic by Davita Carter, an 11 year old resident of Illinois and a Marine veteran's daughter, appealed the damages reduction awarded her in 2000 after surgery left her a paraplegic. The federal court's award was dictated by Maryland State …
Article • July 15, 2008
Illinois "Occupational License" Clause Exempts Liquor Licensee's Criminal Background From Disclosure by The City of Springfield (Illinois) appealed a 1985 court production order for criminal background information regarding liquor licensee Donald Jackson, Jr., requested under the State's Freedom of Information Act (Act) by The Copley Press, Inc. (Press). The order …
$250,000 Awarded To Virginia Guard After Stabbing By Prisoner Upheld by Virginia State pro se prisoner Lament Douglas appealed a prison guard's counterclaim grant and the dismissal of the denial of medical care allegations in a federal action resulting from a 1999 mutually injurious altercation. The judgment was affirmed. Douglas …
Article • July 15, 2008
North Carolina Liberty Denying Treatment Program Ruled Statutorial Confinement; Prisoner's Time Credited by North Carolina State prisoner William Hearst petitioned for review of an appellate affirmation denying him 81 days credit for treatment program confinement. The affirmation was reversed and remanded to credit the 81 days, Hearst pled guilty for …
$200,000 Injury Damages For Illinois Juvenile Prisoner Reduced To $40,000 For Total Versus Individual Award Confusion by 15 year old Illinois Youth Center (IYC) prisoner Jeffrey Watts brought federal action against several IYC employees for cruel and unusual punishment in failure to protect after fellow prisoner Derrick Greaves allegedly attacked …
Article • July 15, 2008
Pennsylvania Prisoners' Privacy not Unlawfully Invaded by Mayor's Monitoring Their Cells via Video Camera from His Home by Robert DeBlasio and Deborah McFadden, prisoners in a Pennsylvania county jail, sued the county, its cops and its mayor for invasion of privacy after learning that the mayor monitored their cells from …
Article • July 15, 2008
Personal Relationship with Prisoner Merits Washington Guard’s Dismissal by The Washington State Personnel Appeals Board (PAB) has held that dismissal of a prison guard is an appropriate sanction for the guard engaging in a personal relationship with a prisoner, gave prisoners gifts, food, and cigarettes, and engaged in conversations of …
Article • July 15, 2008
PLRA Bars Damages for Jail Strip Search Suit by A New Mexico federal district court applied the injury requirement of the Prison Litigation Reform Act to hold that two female pretrial detainees cannot recover damages for a Fourth Amendment claim of unreasonable strip searches. The matter proceeded to a jury …
8th Circuit Upholds Dismissal of False Imprisonment Action by The Eighth Circuit Court of Appeals upheld a lower court’s grant of summary judgment to Defendants on a false imprisonment claim. On January 2, 1983, James Buckley was murdered in St. Louis, Missouri. Ellen Maria Reasonover came forward as a witness …
Article • July 15, 2008
New Jersey Appeals Court Upholds Disabled Guard’s $236,000 Award by On June 30, 2006, the Superior Court of New Jersey, Appellate Division, upheld a jury’s award of $236,000 to a former Gloucester County jail guard who claimed he was forced to retire because of an eye disability. Plaintiff Michael Raspa, …
Article • July 15, 2008
Bruise from Push by New York Prison Guard Nets $100 by A New York prisoner who struck his face on a doorjamb when a guard pushed him through a doorway was awarded $100. New York prisoner Andrew Harvey was on the recreation yard at Watertown Correctional Facility when a riot …
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