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State Prisoner Transfer To Federal Prison Constitutional
Article • May 15, 2007
Filed under: Classification, Transfers
State Prisoner Transfer To Federal Prison Constitutional by The U.S. Supreme Court held that the transfer of a Vermont prisoner to a federal prison for security reasons was constitutional. Vermont, having no maximum security prison, opted to transfer a prisoner convicted of violent crimes to a federal prison under 18 …
Vanity Plates Are Not Protected Speech
Article • May 15, 2007
Filed under: Media, Censorship
Vanity Plates Are Not Protected Speech by The Vermont Department of Motor Vehicles did not violate the plaintiff's rights in recalling her vanity license plate reading "SHTHPNS," pursuant to a regulation disallowing vanity plates that are "offensive or confusing to the public." (The court was not impressed by a belated …
City Can Limit Vermont State Prison Population
Article • May 15, 2007
Filed under: State Statutes, Zoning
City Can Limit Vermont State Prison Population by The Vermont Supreme Court unanimously ruled that a city may limit the number of prisoners held in a state prison located within that city's limits. In 1992, the Vermont Department of Corrections (VDOC) applied to the City of South Burlington for a …
Vermont Prisoners State Claim for Systemic Medical Neglect Law Suit
Article • May 15, 2007
Filed under: Medical, Systemic Medical Neglect
Vermont Prisoners State Claim for Systemic Medical Neglect Law Suit by The US Court Of Appeals for the Second Circuit reversed a Vermont District Court's decision dismissing a class action law suit, by Vermont state prisoners' because they failed to state a claim upon which relief could be granted. Prisoners …
No Judicial Immunity for Expelling Person from Court Grounds
Article • May 15, 2007
Filed under: Court Access, Judicial Immunity
No Judicial Immunity for Expelling Person from Court Grounds by The plaintiff was issued trespass orders barring him from state courthouses and grounds after he parked a van bearing unflattering comments about one of the judges near a courthouse. The district court earlier granted a preliminary injunction against enforcement of …
Second Circuit Skirts Qualified Immunity Analysis
Article • May 15, 2007
Filed under: Immunity/Liability, Qualified Immunity
Second Circuit Skirts Qualified Immunity Analysis by The Second Circuit Qualified Immunity tap dance resumes in this case. The court "ordinarily" begins by determining whether a constitutional right was violated, then decides whether the right was clearly established. But (166) "where we normally apply this two-step test, where we are …
Jail Transfer of Pretrial Detainee May Violate Right to Counsel
Article • May 15, 2007
Filed under: Classification, Transfers
Jail Transfer of Pretrial Detainee May Violate Right to Counsel by Jail Transfer of Pretrial Detainee may Violate Right to Counsel The court of appeals for the Second circuit held that the intra jail transfer of a Vermont pretrial detainee may violate his right of access to counsel. The court …
Stutes v. Tipton et al, VT, Complaint, CCA restraint segregation, 2007
Brief • March 30, 2007
Filed under: Corrections Corporation of America/CoreCivic, Retaliation for Filing Grievances, Retaliatory Searches, Retaliatory Segregation, Exposure to Cold, Control Units/SHU/Solitary Confinement
Stutes v. Tipton et al, VT, Complaint, CCA restraint segregation, 2007 DocUrTIPOt...P° 1 „Filed QV. base 13.1 HICT or H0-7 FH r .r.1 DISTrI&F COURT 711 0 7MAR 30 U STA - FOR THE ".01S CT OF VERIviONT E No. ,.t i . - 6 Kirk STUTES, Plaintiff -uu 11 …
Louko v. VDOC and CCA, VT, Release and Settlement, medical, 2007
Brief • March 29, 2007
Filed under: Medical
Louko v. VDOC and CCA, VT, Release and Settlement, medical, 2007 LYL . 'fIr THOMAS 17t MIHALICH, P.C. ATTORNEYS AT LAW BARBARA R. BLACKMAN STEVEN C. COLLIER PIETRO J. LYNN JENNIFER G. MIHALICH MATTHEW A. SIEBEL HEATHER E. THOMAS JEFFREY S. MARLIN March 29, 2007 Jeremiah Louko, pro se P.O. …
PHS Loses $707 Million FDOC Contract Rebid; State Adopts Hybrid Model of Prison Health Care
Article • March 15, 2007 • from PLN March, 2007
Filed under: Private Prisons, Prison Health Services, Wexford Health Services, Contractor Misconduct, Systemic Medical Neglect, Dental Care
PHS Loses $707 Million FDOC Contract Rebid; State Adopts Hybrid Model of Prison Health Care by John Dannenberg by John E. Dannenberg On September 20, 2006, Tennessee-based Prison Health Services (PHS), a for-profit prison medical care contractor [see: PLN, Nov. 2006, pp. 1-10], exercised an escape clause just ten months …
Vermont, the Last State to Pass Sex Abuse Laws
Article • March 15, 2007 • from PLN March, 2007
Filed under: Sexual Assault, Staff-Prisoner Assault, State Legislation
Vermont, the Last State to Pass Sex Abuse Laws by Gary Hunter On May 23, 2006, Vermont became the fiftieth and final state to outlaw sex between detention facility employees and prisoners. The proposed measure had been under debate for five years before Governor James Douglas finally signed the bill …
Vermont DOC Agrees To Stop Punishing Self-Harming Prisoners
Article • January 15, 2007 • from PLN January, 2007
Filed under: Legality of Rules, Staffing, PAMII Act, Mental Health, Suicides
Vermont DOC Agrees To Stop Punishing Self-Harming Prisoners by Michael Rigby On May 18, 2006, the Vermont Department of Corrections (VDOC) settled a class-action lawsuit by agreeing to stop punishing prisoners who harm themselves. The VDOC further agreed to implement training, retain consultants, and document the mental health assessments of …
Myers v. CCA, VT, Settlement, Denying Treatment Medical Neglect, 2006
Brief • November 10, 2006
Filed under: Corrections Corporation of America/CoreCivic, Medication, Skeletal Injury, Failure to Treat, Mental Health
Myers v. CCA, VT, Settlement, Denying Treatment Medical Neglect, 2006 Nov. 10 2006 06:03PM P1 FAX NO. : FROM : JOHN J. , LTD. 8 E. Center wW Rutland, Vermont 05701 Tel. #: (802) 773-3384 Facsimile #: (802) 747-1451 IMPORTANT NOTICE -FAX COVER SHEET- NOTE: This .; Fa. contains privileged …
LeClair v. Hoffmann, VT, Settlement, personal injury negligence, 2006
Brief • October 26, 2006
Filed under: Corrections Corporation of America/CoreCivic, Systemic Medical Neglect, Failure to Protect (General)
LeClair v. Hoffmann, VT, Settlement, personal injury negligence, 2006 LYL ] THOMAS MIHALIM-1 9 P.C. ATTORNEYS AT LAW JEFFREY S. MARLIN BARBARA R. BLACKMAN STEVEN C. COLLIER JENNIFER G. MIHALICH KATHERINE L. DUMONT HEATHER E. THOMAS PIETRO J. LYNN October 26, 2006 Walter LeClaire North Fork Correctional Facility 1605 East …
Downey v. CCA, VT, Settlement, guard prisoner assault, 2006
Brief • May 12, 2006
Filed under: Staff-Prisoner Assault, Guard Misconduct, Failure to Protect (General)
Downey v. CCA, VT, Settlement, guard prisoner assault, 2006 LYPIN 7 THOMAS 8c MIHALICH, P.C. ATTORNEYS AT LAW BARBARA R. BLACKMAN STEVEN C. COLLIER RIETRO J. LYNN JENNIFER G. MIHALICH MATTHEW A. SIEI3E1HEATHER E. THOMAS JEFFREY S. MARLIN May 12, 2006 Devin McLaughlin, Esq. Langrock Sperry & Wool LLP P.O. …
Cruz v. CCA, VT, Settlement, Lee riot guard beating, 2006
Brief • March 30, 2006
Filed under: Corrections Corporation of America/CoreCivic, Prison Rebellion, Failure to Protect (General), Guard Brutality/Beatings
Cruz v. CCA, VT, Settlement, Lee riot guard beating, 2006 LANGROCK SPERRY & WOOL, LLP MIDDLEBURY BURUNGTON Michael W. Wool Mark L. Sperry Christopher L. Davis Thomas Z. Carlson Susan M. Murray Alison ). Bell Lisa B. Shelkrot Eric M. Knudsen David W. M. Conard ATTORNEYS AT LAW Peter F. …
Myers v. CCA, VT, Complaint, Denying Treatment Medical Neglect, 2006
Brief • March 14, 2006
Filed under: Corrections Corporation of America/CoreCivic, Medication, Skeletal Injury, Failure to Treat, Mental Health
Myers v. CCA, VT, Complaint, Denying Treatment Medical Neglect, 2006 STATEMENT OF CLAIM 1). While incarcerated at West Tennessee Detention Mason Tennessee 38049 I was serving my prison sentence for the state of Vermont under a interstate contract agreement between the State of Vermont and CCA. CCA for the purpose …
Baker v. CCA, VT, Settlement, Lee riot guard beating, 2005
Brief • March 13, 2006
Filed under: Corrections Corporation of America/CoreCivic, Prison Rebellion, Failure to Protect (General), Guard Brutality/Beatings
Baker v. CCA, VT, Settlement, Lee riot guard beating, 2005 LYNN, TM1 & M1HALICH 7 FC ATTORNEYS AT LAW BARBARA R. BLACKMAN STEVEN C. COLLIER PIETRO J. LYNN JENNIFER G. MIHALICH MATTHEW A. SIEBEL HEATHER E. THOMAS JEFFREY S. MARLIN March 13, 2006 Devin McLaughlin, Esq. Langrock Sperry & Wool …
Pratt v. Hofmann, VT, Amended Complaint, extended solitary confinement, 2005
Brief • November 16, 2005
Filed under: Conditions of Confinement, Control Units/SHU/Solitary Confinement
Pratt v. Hofmann, VT, Amended Complaint, extended solitary confinement, 2005 SUPERIOR COURT Docket No. 228-4-05 Wncv STATE OF VERMONT WASHINGTON COUNTY, SS. LEO PRATT, Plaintiff, v. ROBERT HOFMANN, VERMONT COMMISSIONER OF CORRECTIONS. CORRECTIONS CORPORATION OF AMERICA, RANDY STOVAL, WARDEN, LEE ADJUSTMENT CENTER, and JOHN DOE, SORT TEAM MEMBER AMENDED COMPLAINT …
CCA Guard Arrested for Sexually Abusing Vermont Prisoners
Article • September 15, 2005 • from PLN September, 2005
Filed under: Sexual Assault, Staff-Prisoner Assault, Corrections Corporation of America/CoreCivic, Criminal Prosecution, Staffing
CCA Guard Arrested for Sexually Abusing Vermont Prisoners by Sexual abuse by a Corrections Corporation of America (CCA) guard has spurred three lawsuits against CCA and resulted in the guard's arrest. The legal activity resulted from incidents at CCA's prisons at the Marion Adjustment Center (MAC) and St. Mary's Kentucky. …
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