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Virginia Federal Court: Over 47 Hours in by Virginia Federal Court: Over 47 Hours in Five-Point Restraint Unconstitutional by Matthew T. Clarke A federal court in Virginia held that prison officials violated a prisoner's constitutional rights when they strapped his ankles, wrists and chest to a bed for over 67 …
Sexual Predator Civil Commitment Detainee May Not Be Housed In Punitive Segregation by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a California sexual predator civil commitment detainee, while awaiting commitment proceedings, is entitled to conditions of confinement that are not punitive. Oscar Jones was …
Reliance Solely On Guard's Version of Incident Improper by In an unpublished decision, the U.S. Sixth Circuit Court of Appeals reversed the summary judgment dismissal of a prisoner's civil rights action against Michigan prison guards holding that the district court had erroneously relied on the guards' version of disputed fats. …
Article • October 15, 2005 • from PLN October, 2005
Parole Officers Not Absolutely Immune For Conduct Distinct From Parole Decisions by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that California Department of Corrections (CDC) parole officers were not absolutely immune from suit by a former prisoner who alleged he was re-incarcerated because the officers …
Article • October 15, 2005 • from PLN October, 2005
Raped New York Prisoner Awarded $25,000 by On August 17, 2004, a New York court of claims awarded $25,000 to a state prisoner who was raped in the shower. While imprisoned at the Sullivan Correctional Facility in Fallsburg, Donald Ramos received a series of letters from another prisoner who was …
Dismissal of Failure to Protect Claim Reversed; No Showing Necessary to Survive Rule 12(b)(6) Dism by Dismissal of Failure to Protect Claim Reversed; No Showing Necessary to Survive Rule 12(b)(6) Dismissal The Seventh Circuit Court of Appeals reversed a district court's dismissal of a civil committee's failure to protect and …
Article • October 15, 2005
OH State Court Must Determine Immunity Before Suit Filed; Guards Not Entitled to Qualified Immunity in Prisoner's Death by The Sixth Circuit Court of Appeals held that guards at the Southern Ohio Correctional Facility sued by the estate of a prisoner--who was beat to death by the guards--are not entitled …
No Qualified Immunity for Michigan Prison Warden in Guard's Murder by The United States District Court for the Eastern District of Michigan, held that Tripett, the warden of the Thumb Correctional Facility in Michigan (TCF), was not entitled to qualified immunity, in a suit brought by the estate of a …
Florida Juvenile Justice: Check Private "Employee's" Records? What a Concept by Florida Juvenile Justice: Check Private "Employee's" Records? What a Concept By David M. Reutter Guards employed by private contractors that operate Florida juvenile justice programs earn some of the lowest wages in the nation. The result is high turnover, …
Article • October 15, 2005
North Carolina Didn't Waive Sovereign Immunity by Removing State Action to Federal Court by North Carolina Didn't Waive Sovereign Immunity by Removing State Action to Federal Court Charles Stewart, chief of security for the North Carolina Department of Correction (NCDOC), was implicated in a double-billing scheme, which a newspaper reported. …
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 …
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