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Article • August 25, 2016
Filed under: Prison Labor
Wisconsin Uses Prisoner Workers to Cut Labor Costs by Derek Gilna The recent news that Wisconsin Governor Scott Walker was planning to utilize prisoners to perform work previously done by state employees has ignited controversy from those who feel that such work will reduce the number of public employees. In …
Article • August 25, 2016
Filed under: DOC/BOP misconduct, Food
Tainted BOP Chicken Sickens 300 Pennsylvania Prisoners by More than 300 prisoners at the U.S.P. Canaan in Waymont, Pennsylvania near Philadelphia, fell ill of salmonella after eating "tainted chicken" used to make fajitas. Four of the 300 were ill enough to necessitate treatment at a local hospital's emergency room for …
Article • August 25, 2016
Federal Bureau of Prisons claims DNA backlog no longer exists by Derek Gilna A recent announcement by the Federal Bureau of Prisons (BOP) stated that it had eliminated a previous backlog of over 90,000 prisoners DNA test results. However, a Florida congressman who had drawn attention to the backlog, while …
Article • August 25, 2016
Texas Criminal Court Fees Are a Secret Tax on the Poor by The Texas Legislature has erected such a mishmash of criminal court fees that even the- court administrators and clerks don't know how to apply them. These fees, which are frequently not used for their intended purposes amount to …
Article • August 25, 2016
Oklahoma DPS Hires Former DOC Guard Dismissed for Excessive Force by Matthew Clarke On November 15, 2011, Oklahoma Department of Public Safety (DPS) Commissioner Michael Thompson 'created a high-rank, $60,000-per-year job and hired an old friend, who had been fired for beating prisoners while a guard captain in the Oklahoma …
Article • August 25, 2016
Wyoming Court of Appeals Permits Delay in Prison Allowing Public Records Access by Jonmichael Guy, a Wyoming Department of Corrections (DOC) prisoner sent Steve Hargett, warden of the Wyoming Medium Correctional Institute, an internal inmate communication form requesting permission to view the DOC's Policy and Procedure # 1.215, Code of …
Article • August 25, 2016
$23,000 Settlement in Assault on Prisoner at Halfway House by The District of Columbia (DC) paid $23,000 to settle a lawsuit filed by Timothy Cofield for injuries sustained when a halfway house employee assaulted him. As Cofield returned to DC’s halfway house called the Extended House on April 13, 2002, …
Article • August 25, 2016
Tucson Federal Jury Awards Couple $1.25 Million in False Arrest Case by Lonnie Burton On April 22, 2015, a federal jury sitting in the U.S. District Court in Arizona awarded a Tucson couple a total of $1.25 million after a trial on their claims of false arrest and unconstitutional search …
Article • August 25, 2016
Texas Court of Appeals Affirms Termination of Prisoner's Parental Rights by On January 21, 2016, a Texas court of appeals affirmed the termination of a prisoner's parental rights to his two minor children. At the time of the termination jury trial in the district court, the father was incarcerated on …
Sixth Circuit Reverses Consent Decree in Kentucky Religious Foster Care Provider Case by Lonnie Burton On October 6, 2015, the United States Court of Appeals, Sixth Circuit, overturned the terms of a settlement agreement between taxpayer group and the state of Kentucky in a case challenging the manner in which …
Article • August 25, 2016
Seventh Circuit: Jail Officials Entitled to Summary Judgment in Prisoner's Medical Deliberate Indifference Suit by Derek J. Burton filed a federal civil rights action pursuant to 42 U.S.C. § 1983, alle6inL officials, including medical personnel, at the Jerome Combs Detention Center, an Illinois jail, were deliberate indifferent to his serious …
Article • August 25, 2016
Filed under: Employee Litigation
Seventh Circuit Holds Contested Absences under FMLA Must Be Litigated Within Two Years of Absence by Illinois Department of Corrections (COC) employee Cindy Barrett was terminates after accruing 12 unauthorized absences over 7 years. DOC subjected employees to termination after accumulating 12 unauthorized absences, but expunged all previous unauthorized absences …
Second Circuit Upholds Implicit Waiver of Appearance at Disciplinary Hearing by Bruce Smith was a New York state prisoner when he was charged with the disciplinary infraction of fighting with another prisoner. On the day of his disciplinary hearing, Smith was brought to the hearing room, but the hearing officer …
New Wrongful Death Trial Prompts Potential $600,000 Settlement; Judge Gave Faulty Jury Instructions, Finds Excessive Force by On December 5, 1999, 29 year-old Damon Lowery’s life came to a tragic and, in police custody.  Now, more than five years later, the new trial looming, Portland, Oregon, officials are considering paying …
Article • August 25, 2016
$4 Million Jury Award to Wrongfully Jailed Immigrant Reversed on Appeal by In May 1997, Yongping Zhou (plaintiff), a Chinese mechanical engineer, entered the United States on a fiancée visa. The marriage ended with charges of domestic violence, for which Zhoe was convicted in 1998, though the charges were eventually …
Article • August 25, 2016
Wisconsin DOC Unexpectedly Releases Use of Force Video by The Associated Press (AP) settled a lawsuit against the Wisconsin Department of Corrections (WDOC) for $5,000 in attorney’s fees and an edited copy of a use of force video. The AP sued the WDOC in October 2009 when it refused to …
Article • August 25, 2016
Filed under: Attorney Client
WDOC Adopts Policy Protecting Attorney-Client Communications by The Wyoming Department of Corrections (WDOC) has adopted a policy prohibiting WDOC employees from questioning prisoners about communications with their counsel. Wyoming prisoners Stephan Pevor and Ryan Forney sued the WDOC over its practice of questioning prisoners about attorney-client communications during investigations of …
Article • August 25, 2016
Filed under: Good Time
Washington Court Upholds Prison's Good Time Credit Computation by The Washington State Court of Appeals held that the Washington Department of Corrections (WDOC) correctly calculated a prisoner's time served and good time sentence reduction credit for presentence confinement. Kail Erickson spent 98 days in jail awaiting trial and received 49 …
Article • August 25, 2016
USDC ED NY Grants Opposition to Quash Depositions in Murder/Rape by A magistrate judge at the United States District Court for the Eastern District of New York granted in November 2011 the Plaintiff’s motion opposing Defenses’ motion to quash deposition notices and notice of subpoena in a civil case resultant …
Article • August 25, 2016
US District Court Orders Release of Records to Prisoner by In the United States District Court for the District of New Mexico, before U.S. Magistrate Lourdes A. Martinez, federal prisoner Anceso Rodrigo Aceves prevailed in his efforts to obtain certain prison records pertaining to himself. Defendants were officials of the …
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