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$12,773.46 Settlement After BOP Vehicle Rear Ends Motorist by Tennessee resident Beverly Oliver brought a federal tort action against the United States in 1996 after being rear ended by a Bureau of Prisons (BOP) truck driven by a prisoner. The $75,000 suit settled for $12,773.46. Oliver was a passenger in …
Article • February 15, 2009
$20,000 Settlement After Citizen Falls At Federal Medical Center by Missouri resident Wealtha Liggins brought a federal tort action against the United States in 1996 after she fell at the Federal Medical Center (FMC) in Kentucky. The $500,000 suit settled for $20,000. Liggins was a guest at the FMC in …
$40,000 Settlement After BOP Employee Causes Automobile Accident by West Virginia resident Lillian Poindexter brought a federal tort action in 1997 against the U.S. Department of Justice (DOJ), the Federal Bureau of Prisons (BOP) and federal agent Mari Higgins after being struck by Higgins' vehicle. The $139,000 suit settled for …
$50,000 Settlement In Memphis Policeman's Training Injury by Memphis (Tennessee) policeman Michael Cockerell and his wife Linda brought a federal tort action against the United States in 1999 after he fell during an obstacle course training exercise at a federal facility. The $1,500,000 suit settled for $50,000. Cockerell was training …
$125,000 Settlement In BOP Guard Induced Prisoner's Death by Parents of deceased ex Kentucky federal prisoner, Marcus Dascenzo, brought a federal tort action against the United States in 2002 after a guard's failure to treat their son resulted in his death. After the Department of Justice's initial refusal to pay …
BOP Agrees to Provide Wine to Prisoner for Religious Rituals by Brandon Sample On September 18, 2008, the Bureau of Prisons (BOP) settled a lawsuit brought under the Religious Freedom Restoration Act (RFRA) for wine during various religious rituals. Brandon Sample, a federal prisoner and PLN contributing writer, sued the …
No Private Cause of Action for Businesses Complaining that Competitor Unfairly Used Prison Labor by John Dannenberg No Private Cause of Action for Businesses Complaining that Competitor Unfairly Used Prison Labor by John E. Dannenberg The Washington Water Jet Workers Association (“Water Jet”) sued the Washington Department of Corrections (WDOC), …
Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations by Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations The Ninth Circuit U.S. Court of Appeals has held that evidence of ongoing American with Disabilities Act (ADA) violations …
Class Action Disability Discrimination Suit Certified Against Cook County Jail in Illinois by Class Action Disability Discrimination Suit Certified Against Cook County Jail in Illinois On March 26, 2008, U.S. District Court Judge Elaine E. Bucklo certified a class action lawsuit against the Cook County Department of Corrections (CCDC) alleging …
PLRA Requires Grievance Exhaustion for ADA/RA Claims by The Ninth Circuit Court of Appeals has joined the Sixth Circuit in holding that the Prison Litigation Reform Act (PLRA) requires exhaustion of Americans with Disabilities Act (ADA) and Rehabilitation Act (RA) claims. Nevada prisoner Roy O’Guinn had a history of mental …
O'Neil v. Martin, OR, Complaint, Conditions of Confinement, Interstate Corr. Compact, 2009 1 2 3 4 5 6 7 8 IN THE CIRCUIT COURT OF THE STATE OF OREGON 9 FOR THE COUNTY OF MARlON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 …
Royer v. Jett, IN, Complaint and Jury Demand, Communications Management Unit, 2009 Case 2:09-cv-00025-WTL-DML Document 1 Filed 01/21/09 Page 1 of 22 PageID #: 1 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA Terre Haute Division RANDALL TODD ROYER, SEIFULLAH CHAPMAN, and SABRI BENKAHLA, Plaintiffs,1 B.R. JETT, PAUL …
Arkansas Juvenile Center Continues Violating Rights Despite 2003 Court Enforceable Agreement by Bob Williams By Bob Williams Arkansas protection and advocacy group Disability Rights Center (DRC) reported on conditions at the Alexander Youth Services Center (Center) in 2006. The programs at the Center were determined inadequate and discriminatory in some …
Religious Sincerity, Not Necessity, Satisfies Free Exercise Claim by Utah State prisoner Karl Kay appealed the dismissal of his § 1983 action for denial of religious materials, parole based due process violations and retaliation for seeking counsel. The court reversed dismissal of his religious materials denial claim, affirmed the balance …
Texas: $232,000 Settlement, $82,000 Award in Prison Employees' Discrimination Suits by In 2003 and 2004, plaintiffs in two separate lawsuits prevailed on their claims of racial discrimination against the Texas Department of Criminal Justice (TDCJ). In the most recent lawsuit, four auditors in the Community Justice Assistance Division of TDCJ …
BOP Agrees to Pay $90,000 in Attorney’s Fees and Costs in Suit Over Constitutionality of Byline Regulation by BOP Agrees to Pay $90,000 in Attorney’s Fees and Costs in Suit Over Constitutionality of Byline Regulation On December 17, 2007, the Bureau of Prisons (BOP) agreed to pay $90,000 in attorney’s …
New Hampshire Prisoner’s ADA Claim Survives Summary Judgment by The First Circuit Court of Appeals reversed a New Hampshire federal district court’s summary judgment order that concluded a prisoner had failed to demonstrate prison officials violated his rights under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. …
EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds by EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds The Equal Access to Justice Act (EAJA) authorized prevailing parties to obtain reimbursement of fees expended on paralegal services …
Brief • November 25, 2008
Bradshaw v State, GA, Sex Offender Life Sentence Ruling, 2008 In the Supreme Court of Georgia Decided: November 25, 2008 S08A1057. BRADSHAW v. THE STATE BENHAM, Justice. Cedric Lavell Bradshaw was found guilty in a bench trial of failing to register as a convicted sex offender in that, he had …
BOP Administrative Tort Claims Fail to Satisfy PLRA’s Exhaustion Requirement by BOP Administrative Tort Claims Fail to Satisfy PLRA’s Exhaustion Requirement The Second Circuit Court of Appeals held that a federal prisoner’s administrative tort claims did not satisfy the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA), but …
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