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Article • September 15, 2005 • from PLN September, 2005
Ninth Circuit Upholds Preliminary Injunction Against Webcams In Arizona Jail by Michael Rigby The U.S. Ninth Circuit Court of Appeals has upheld a preliminary injunction prohibiting an Arizona sheriff from displaying live video of prisoners in the Maricopa County Jail on the internet. This case arises from Maricopa County Sheriff …
Guard Denied Qualified Immunity in MI Prisoner's Retaliation Claim by The Sixth Circuit Court of Appeal has affirmed a Michigan District Court's order denying a guard's qualified immunity defense in a suit filed by prisoner David J. Scott, a prisoner at Carson City Regional Facility. Scott's complaint alleged guard Philip …
Article • September 15, 2005 • from PLN September, 2005
California Guards Assigned Word Puzzles to Satisfy Training Requirements by California State Assembly Member Rudy Bermudez, himself a member of the powerful prison guards union (CCPOA) while on leave from his prison job to serve elective office, sharply criticized the practice of solving word puzzles used by California prison guards …
Pennsylvania Jail Prisoner Settles Use-Of-Force Suit For $15,000 by On January 3, 2005, a Pennsylvania prisoner settled his claims of excessive use of force and deliberate indifference against Lackawanna County Prison officials for $15,000. According to the complaint, plaintiff Mario Ludovici was arrested on October 13, 2001, on a warrant …
$1 Million L.A. County Jail Rape Award Overturned by by Marvin Mentor The California Court of Appeal, in an unpublished opinion, reversed a Los Angeles (L.A.) County jury verdict that had awarded $1 million in damages to a jail detainee who was brutally beaten and raped in his L. A. …
Ninth Circuit: Kicking Shackled Prisoner In Genitals Is Cruel And Unusual Punishment by When California Pelican Bay State Prison (PBSP) prisoner Christopher Watts filed a 42 U.S.C. § 1983 action against guards J. McKinney and S.J. Steinberg for kicking Watts in the genitals after an unsuccessful interrogation regarding PBSP guards …
Alabama Workers' Comp Act No Bar to Psychological Torts by The Alabama Court of Appeals held that Alabama's Workers' Compensation Act is not an exclusive remedy for tort claims of employees alleging purely psychological injuries. Three female employees of Correctional Medical Services, Inc. (CMS) brought suit against CMS employees of …
Maricopa County, Arizona, Settles Wrongful Imprisonment Suit For $1.4 Million by On April 6, 2005, a man falsely imprisoned for a decade on Arizona's death row settled with Maricopa County for $1.4 million. Ray Krone, once dubbed the snaggletooth" killer, was sentenced to death in 1992 based on testimony that …
Colorado Teenagers Raped By Guards Settle For $165,000 Each by Michael Rigby In August 2004, two teenage girls raped by guards at a Colorado juvenile prison settled their lawsuits for $165,000 apiece. Both girls had been imprisoned at the Youthful Offender System (YOS), which is operated by the Colorado Department …
Article • June 15, 2005 • from PLN June, 2005
$150,000 for Inadequate Oregon Sex Offender Supervision Resulting in Death of Child by On July 15, 2004, the Multnomah County, Oregon, Board of Commissions voted unanimously to pay $150,000 to settle a wrongful death action filed by the family of a teenage girl who was raped and murdered by a …
CSC May Be Liable For Retention of Sexually Abusive Employee by by Matthew T.Clarke A federal district court in New York has held that Correctional Services Corporation (CSC) may be liable for retaining an employee at a CSC-run halfway house after his sexual abuse of female prisoners was reported to …
Failure to Protect from HIV-Positive Prisoner Negates Qualified Immunity Defense by The Eighth Circuit Court of Appeals has held that prison officials are not entitled to qualified immunity in a civil rights action filed by three prisoners at South Dakota's Mike Durfee State Prison. The prisoners alleged that prison officials …
Article • June 15, 2005 • from PLN June, 2005
Guard Sues Over Smoke Grenade Injury by The U.S. Court of Appeals for the 8th Circuit reversed a lower court's grant of summary judgment against a prison guard who was injured by a smoke grenade. On June 2, 1998, Timothy Gamradt, a Bureau of Prisons (BOP) guard, was hurt during …
Article • May 15, 2005 • from PLN May, 2005
Michigan Prisoner Awarded $376,525 For Back Injury Sustained In Crash by A Michigan prisoner has been awarded $376,525 for back injuries sustained in a prison van crash. Lorenzo Johnson, a 40-year-old state prisoner, was being transferred from one prison to another when the van he was riding in hit a …
Article • May 15, 2005 • from PLN May, 2005
Qualified Immunity Granted to Doctor Who Failed to Order Interferon Treatments for HCV+ Prisoner by The Eight Circuit Court of Appeals has held that a doctor was not deliberately indifferent to a prisoner's medical condition by failing to order interferon treatments for his Hepatitis C virus (HCV). While imprisoned within …
PLN's ADX Censorship Suit Partially Survives Motion to Dismiss by PLN's ADX Censorship Suit Partially Survives Motion to Dismiss by Bob Williams On November 12, 2004, Colorado Federal District Court Judge Wiley Daniel dismissed all official capacity claims, one defendant, and one substantive claim in PLN's suit over ADX censorship …
D.C. Prisoner Receives $19,500 Settlement for Slip-and-Fall by The United States and the District of Columbia agreed on June 4, 2004, to pay Robert M. North $19,500 for injuries he received from falling down a set of stairs while handcuffed. North was arrested on Thanksgiving Day 2000 by Federal Marshals. …
First Circuit Rejects Interlocutory Appeal for Authorities Accused of Frame-Up by by Robert H. Woodman In a case involving charges of frame-up and cover-up by former Massachusetts and federal authorities brought by former Massachusetts state prisoners, their family members, estates, and survivors, the United States First Circuit Court of Appeals …
New Jersey County Settles With Imprisoned Deaf Man For $175,000 by On November 20, 2003, Mercer County, New Jersey, agreed to pay $175,000 to a deaf man who was imprisoned at the Mercer County Detention Center (MCDC) without appropriate accommodations and appeared before a county court without an interpreter. The …
PLN Wins Washington DOC Bulk Mail Suit, Again by John E Dannenberg The Ninth Circuit U.S. Court of Appeals affirmed the U.S. District Court's ruling below (and permanent injunction) that the Washington DOC (WA DOC) policy of prohibiting prisoners' receipt of standard rate mail (AKA bulk mail) and catalogs with …
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