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Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity by Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity The U.S. Northern District Court of Texas determined that a private operator of a state prison was not entitled to 11th Amendment and sovereign immunity. Cynthia Proctor, …
Fired California Prison Guards Awarded $410,000 for Retaliation by On September 29, 1998, a California jury awarded $410,000 to two state prison guards for their retaliatory firing and ordered them reinstated to their previous positions. Plaintiffs, Bonita Weaver, a 30-year-old black female, and R. Keith Williams, a 23-year-old white male, …
Summary Judgment Against Fired Wackenhut Employee Reversed by The U.S. Ninth Circuit Court of Appeals, reversing a California federal district court, held that a suspended Wackenhut Corrections Corporation (WCC) employee stated a claim for retaliation and that WCC should not have prevailed on summary judgment. WCC employee John P. Elliott, …
Article • May 15, 2007
Prison Nurse's First Amendment Suit Struck Down by Summary Judgment by The U.S. Sixth Circuit Court of Appeals upheld an Ohio federal district court's award of summary judgment against a former prison nurse who charged that Ohio Department of Rehabilitation and Corrections (DORC) officials retaliated against her for exercising her …
Texas Woman Fired For Reporting Abuse Awarded $202,000 by On July 14, 2004, a district court in Harris County, Texas, awarded $202,000 to a woman who was fired for reporting a guard's abuse of a juvenile. While imprisoned at the Harris County juvenile probation department's Burnett Bayland Reception Center on …
Fact Issues Preclude Summary Judgment Of Iowa Guard's State, Federal Claims by The United States District Court for the Southern District of Iowa held that issues of material fact precluded summary judgment of a former jail guard's action under state law and 42 U.S.C. § 1983 against his former employer. …
TX Private Prison Guard Can't Sue Under § 1983 For Bogus Employment Termination by TX Private Prison Guard Can't Sue Under § 1983 For Bogus Employment Termination Harold Cornish was employed as a guard at a Texas private prison owned and operated by Correctional Services Corp. (CSC). He blew the …
Fifth Circuit Upholds Firing of Whistleblowing Guard by The plaintiff, a former corrections officer, reported an illicit use of force by staff members; she was told to revise her statement several times because it did not match the other officers' statements; an investigation ensued; shortly thereafter she was accused of …
No Qualified Immunity for Firing Jail Medical Director Over Trial Testimony by The plaintiff alleged that he was fired as jail administrator in retaliation for giving truthful testimony in the civil trial of claims by nurses fired by the jail's medical contractor for criticizing mental health services in the jail. …
Chicago Jail Social Worker Punched In Face; Suspended For Speaking Out; Awarded $300,000 by Chicago Jail Social Worker Punched In Face; Suspended For Speaking Out; Awarded $300,000 In a dispute over a parking space on September 17, 2001, Cook County Jail guard Donald Keith punched jail social worker Virgean Houskins …
Article • May 15, 2007
Firing Whistleblowing Cop Unconstitutional by The plaintiff police officer filled out a required use of force report and implicated an officer in a beating (the suspect was not bleeding when the plaintiff left and was bleeding when he returned.) The plaintiff police sergeant expressed concerns to a lieutenant about the …
Article • May 15, 2007
Dismissed Retaliation Claim Reversed by The U.S. Sixth Circuit Court of Appeals reversed and remanded an Ohio U.S. District Court decision dismissing claims against prison officials accused of retaliating against prison guards for exercising their First Amendment rights. Carlos Goad and Robert Wuchich sued officials of Ohio's Mansfield Correctional Institution …
Constructive Dismissal Defeats Summary Judgment in MA Whistle Blower Suit by A Massachusetts Federal District Court denied summary judgment to Suffolk County in a guard's 42 U.S.C.§ 1933 action alleging he was forced to quit because he broke a "code of silence" when he reported a fellow guard's misconduct. The …
Municipalities Must Have Unconstitutional Policy To Be Liable Under §1983 by Municipalities Must Have Unconstitutional Policy To Be Liable Under §1983 The U.S. Supreme Court held that the city of St. Louis was not liable in an employee's §1983 action because the employee had not shown the alleged violation was …
$975,000 Paid in Michigan Guards Wrongful Discharge Suit by In January 1996, Michigan prison guard James E. Legrow saw a paroled prisoner and three guards in a bar, which violated the parolee's conditions of parole and prison rules against fraternization with prison guards. Because the guards were friends of the …
$259,000 Paid in Michigan Guard's Discrimination Claim by Michigan prison guard Kenneth McIntyre, who had been employed for 7 years, had lifting restrictions due to congenital spinal bifida. An MRI disclosed he developed bulging discs and had his lifting restrictions changed from 50 to 20 pounds. The State said he …
Warden Denied Qualified Immunity in Guard's Race Discrimination Suit by The U.S. Sixth Circuit Court of Appeals dismissed an interlocutory appeal from a district court's denial of summary judgment to an Ohio prison warden. Richard Parks was a guard at Warren Correctional Institution (WCI), where Anthony Brigano was warden. Parks …
Social Security Application Claims Estop Fired Jailer's ADA Claims by The U .S. Seventh Circuit Court of Appeals, affirming the U.S. District Court for the Northern District of Indiana, held that a former jail guard's claim, brought under the Americans with Disabilities Act (ADA) that he was terminated because he …
Article • May 15, 2007
$210,000 Awarded Indiana Guard for Retaliation by Supervisors by An Indiana federal jury awarded guard Nancy Spiegla $210,000 in a lawsuit alleging retaliation for her protected speech rights. Spiegla had worked at Indiana's Westville Correctional Facility since 1985. She was known as a stickler for applying rules, and for years …
Iowa Jail Employee's Whistleblower Jury Award Reduced to $258,027 by Matthew Clarke by Matthew T. Clarke On December 31, 2003, a federal judge in Iowa reduced a whistle-blowing former assistant jail administrator's $250,000 jury award for emotional distress to $130,000 while letting stand the remaining award of $128,027 for lost …
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