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Moss v. CoreCivic, NM, Settlement, Wrongful Death - Medical Neglect, 2016

Brief • August 15, 2016

Filed under: Corrections Corporation of America/CoreCivic, Gastrointestinal, Failure to Treat, Medical Neglect/Malpractice

Moss v. CoreCivic, NM, Settlement, Wrongful Death - Medical Neglect, 2016 T NON-DISCLOSURE ANDCOVENANOF RELEASE, AGREEMENT, SETTLEMENT For the consideration of the sum of FIVE HUNDRED TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($525,000.00), paid by CORRECTIONS CORPORATION OF AMERICA ("CCA"), the receipt and sufficiency of which is hereby acknowledged, NICOLE MOSS, …

Post-Kingsley and Castro Proposed - Jury Instructions and Causes of Action, Shapiro, Pritzker School of Law, 2016

Publication • August 15, 2016

Filed under: Failure to Protect (General), Jury Selection

Post-Kingsley and Castro Proposed - Jury Instructions and Causes of Action, Shapiro, Pritzker School of Law, 2016 POST-KINGSLEY AND CASTRO PROPOSED JURY INSTRUCTIONS AND CAUSES OF ACTION David M. Shapiro August 15, 2016 Proposed Jury Instructions for Non-Force Claims By Jail Detainees The following suggested instructions are taken essentially verbatim …

Widow of Murdered Maine Prisoner Paid $100,000 Settlement

Article • August 12, 2016

Filed under: Systemic Medical Neglect, Injury -- Misc., Diabetes, Failure to Treat, Malpractice, Failure to Protect (General), Failure to Protect (Wrongful Death)

Widow of Murdered Maine Prisoner Paid $100,000 Settlement by On February 26, 2014, Janet Weinstein, widow of murdered Maine state prisoner Sheldon Weinstein, was paid $100,000 to settle any claim she had against the State of Maine or Corizon, Inc., the provider of prisoner health care at the Maine State …

Texas Court Holds Juvenile Capital Murder Adjudication Not Subject to Extraordinary Parole Review

Article • August 12, 2016

Filed under: Sentencing, Parole, Juveniles

Texas Court Holds Juvenile Capital Murder Adjudication Not Subject to Extraordinary Parole Review by Matthew Clarke On February 9, 2016, a Texas court held that a person adjudged delinquent for capital murder  as a juvenile and later transferred from the Texas Youth Commission to the adult prison system is not …

Ruling in Execution Records Limits Virginia FOIA Disclosures

Article • August 12, 2016

Filed under: Disclosure of Records, Freedom of Information Act

Ruling in Execution Records Limits Virginia FOIA Disclosures by David Reutter The Virginia Supreme Court issued a ruling in death penalty public records case that could “become a license to withdraw records,” said Megan Rhyne, Executive Director of the Virginia Coalition for Open Government. The ruling reversed a Fairfax County …

U.S. Settles Suit over Fatal Medical Negligence of Prisoner for $152,000

Article • August 12, 2016

Filed under: Medication, Systemic Medical Neglect, Failure to Treat, Malpractice, Food, Medical Neglect/Malpractice

U.S. Settles Suit over Fatal Medical Negligence of Prisoner for $152,000 by Wayne David Crosser was convicted and sentenced on federal charges. He was kept in a holding cell at the MCC in San Diego while awaiting transportation to Texas for further prosecution. He suffered from a serious medical condition …

BOP Settles Religious Discrimination EEOC Complaint for $20,000

Article • August 12, 2016

Filed under: Religious Discrimination, Employee Litigation

BOP Settles Religious Discrimination EEOC Complaint for $20,000 by David Gordon Murphy was a guard at the FDC in Seatac, Washington, when he was terminated on April 16, 1998. With the assistance of Seattle attorney William Knowles, he filed an EEOC complaint alleging a supervisor had made rude comments about …

BOP Settles Guards' Unfair Labor Practices Grievance for $120 Million

Article • August 12, 2016

Filed under: DOC/BOP misconduct, Fair Labor Standards Act, Employee Litigation

BOP Settles Guards' Unfair Labor Practices Grievance for $120 Million by On August 10, 2000, the Federal Bureau of Prisons (BOP) settled for $120,363,105 a grievance filed by the Council of Prison Locals, American Federation of Government Employees (Council) on behalf of 33,982 current and former BOP guards alleging they …

BOP Settles Guard's Racial Discrimination Complaint for $5,000

Article • August 12, 2016

Filed under: Racial Discrimination, Employee Litigation

BOP Settles Guard's Racial Discrimination Complaint for $5,000 by David Eugene Weaver, who is black, filed a grievance with the federal Bureau of Prisons (BOP) and the Equal Employment Opportunity Commission (EEOC) complaining that a former supervisor discriminated against him on the basis of race while he was a GS-7 …

BOP Settles Employee's Retaliation Lawsuit for $35,000

Article • August 12, 2016

Filed under: Racial Discrimination, Employee Litigation

BOP Settles Employee's Retaliation Lawsuit for $35,000 by David T. Lee was a GS-7 inmate systems officer at the FCI in Florence, Colorado when he applied to two GS-8 positions. He was not selected for either position. Believing the reason for this was racial prejudice, he filed a complaint with …

BOP Settles Dyslexia Discrimination Complaints for $2,000

Article • August 12, 2016

Filed under: Employee Litigation, Disabled Employees

BOP Settles Dyslexia Discrimination Complaints for $2,000 by In 1997, Douglas Lewis Urness was working as a GS-11, Step 4 Drug Treatment Counselor for the BOP in Yankton, South Dakota, when his supervisors allegedly discriminated against him due to his dyslexia. The discrimination took the form of supervisors allegedly complaining …

BOP Reverses Termination of Disabled Guard in Settlement

Article • August 12, 2016

Filed under: Employee Litigation, Disabled Employees

BOP Reverses Termination of Disabled Guard in Settlement by Steven Dacey was a tenured Senior Officer (GS-07) at the BOP Federal Medical Center Devens in Ayer, MA, earning $41,000 a year when he was terminated on April 4, 2003. The reason for his termination was that he had not reported …

Arkansas Supreme Court Upholds Conviction of Prisoner Who Strangled Cellmate

Article • August 12, 2016

Filed under: Racial Discrimination, Prison/Jail Murders, Appeals

Arkansas Supreme Court Upholds Conviction of Prisoner Who Strangled Cellmate by On September 17, 2015, the Supreme Court of Arkansas upheld the conviction of Arkansas state prisoner Robert T. Holland who was convicted of capital murder for strangling his cellmate and sentenced to death. Holland's appeal alleged the trial court …

$750,000 in Damages and Attorney Fees Awarded in New York False Arrest Case

Article • August 12, 2016

Filed under: Police Misconduct, False Arrest

$750,000 in Damages and Attorney Fees Awarded in New York False Arrest Case by On July 2, 2015, a New York federal court entered a settlement judgement for $250,000 each in favor of two black men who were falsely arrested for two armed robberies and spent eleven months in jail. …

$528,858 Federal Jury Award Against BOP in Racial Discrimination Case

Article • August 12, 2016

Filed under: Racial Discrimination, Employee Litigation

$528,858 Federal Jury Award Against BOP in Racial Discrimination Case by On December 7, 2000, a federal jury awarded former federal Bureau of Prisons (BOP) employee Debbie E. Tickle $114,000 for loss of wages and $300,000 for emotional pain a suffering in a racial discrimination lawsuit she brought pursuant to …

$15,000 Settlement in Case Manager's EEOC Action

Article • August 12, 2016

Filed under: Retaliation against Staff, Employee Litigation

$15,000 Settlement in Case Manager's EEOC Action by On December 4, 2002, the federal Bureau of Prisons entered into a settlement agreement that paid a correctional treatment specialist (case manager) at the United States Penitentiary Lewisburg (USP) $15,000, restored him to his previous job and made other concessions. After Prison …

Rikers Island Excessive Force Monell Claims Survive Dismissal

Article • August 12, 2016

Filed under: Failure to Protect (General), Excessive Force, Guard Brutality/Beatings, Failure to Train/Supervise, Juveniles, Failure to Protect (Juveniles), Staff Training

Rikers Island Excessive Force Monell Claims Survive Dismissal by Mark Wilson A New York federal court refused to dismiss Monell Claims in a Rikers Island excessive force case. On September 28, 2013, Bobby White was incarcerated at Rikers Island, when guard Marlene Ocasio sprayed him with a chemical agent and …

PV Arrest Qualifies for Oregon Resisting Arrest Conviction

Article • August 12, 2016

Filed under: Parole, Parole Conditions

PV Arrest Qualifies for Oregon Resisting Arrest Conviction by Mark Wilson The Oregon Supreme Court held that arrest for a probation or parole violation qualifies as an arrest for Oregon's resisting arrest statute. In 2009, police stopped Curtis McClure and asked his name. McClure told them and asked if he …

Pennsylvania Supreme Court Finds Miller v. Alabama Not Retroactive

Article • August 12, 2016

Filed under: Sentencing, Juveniles

Pennsylvania Supreme Court Finds Miller v. Alabama Not Retroactive by Mark Wilson The Pennsylvania Supreme Court held that the United States Supreme Court's ban on mandatory juvenile life without parole (LWOP) sentences does not apply retroactively. In 1999, seventeen year old Ian Cunningham shot and killed Daniel Delarge Jr., during …

Pennsylvania Arrest for Videotaping Cops Denied Qualified Immunity

Article • August 12, 2016

Filed under: Police Misconduct, Retaliatory Searches, Malicious Prosecution, Police Searches, Videotaping, Stun Guns/Tasers, False Arrest, Excessive Force (Police)

Pennsylvania Arrest for Videotaping Cops Denied Qualified Immunity by Mark Wilson A Pennsylvania federal court held that police were not entitled to qualified immunity for "entering a family's home and arresting its owner for doing nothing more than attempting to videotape the officers' overreaction on her own property." Kia Gaymon, …