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Colorado Restraint Board Death Case Settled by Bill Trine by Bill Trine, esq. A§ 1983 civil rights lawsuit and medical/healthcare negligence lawsuit was brought by the mother of 54 year old Michael Lewis, who died on May 7, 1998, after being placed on a "restrainer board" while incarcerated as a …
CCA Guard is "Public Official" Under Bribery Statute by CCA Guard is "Public Official" Under Bribery Statute The Fifth Circuit Court of Appeals affirmed a prison guard's bribery conviction, finding that he was a "public official" for purposes of the federal bribery statute. Shannon Thomas was employed as a guard …
Summary Judgment Denied in Oklahoma Jail Beating by A federal district court in Oklahoma has denied summary judgment against a pretrial detainee's failure to protect and deliberate indifference to medical needs claims. On September 5, 1995, John Winton was booked into the Tulsa County Jail on shooting charges that were …
Article • November 15, 2001 • from PLN November, 2001
$522,458 Rebate Ordered in California Prisoner Phone Overcharges by John E Dannenberg The California Public Utilities Commission (PUC) ordered MCI Telecommunications Corp. (MCI) to offset $522,458 in overcharges it made between June 14, 1996, and July 12, 1999, on MCI California Maximum Security Calls (i.e., California prisoner collect calls) by …
Sanction Excessive When It Excludes Medical Expert's Testimony by The Court of Appeals for the Seventh Circuit has held that a discovery sanction is excessive when it causes the dismissal of a prisoner's suit by excluding expert medical testimony. The Court also held that dismissing a claim for failure to …
No Interlocutory Appeal for Good Faith Defense by The Court of Appeals for the Seventh Circuit held that the requirements of the Prison Litigation Reform Act (PLRA) do not apply to properly characterized habeas corpus petitions under 18 U.S.C. §§ 2241, 2254, or 2255, finding that those actions are not …
CCA Gets Tangled in Financial Quagmire by Ronald Young CCA Gets Tangled In Financial Quagmire Corrections Corporation of America said it is contesting an $8.1 million request for payment from Merrill Lynch & Company related to its hiring of the investment firm in late 1999 for advice on a company …
Private Prison Corporation Can Be Sued in Bivens Action: Supreme Court Grants Review by John E Dannenberg by John E. Dannenberg Holding that a private corporation acting under color of federal authority may be sued under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 US 388, …
Summary Judgment for Private Physician Reversed by The Ninth Circuit Court of Appeals reversed a district court's grant of summary judgment to a private physician under contract with the county, holding that contract services provided to the county constituted state action. The court also held that qualified immunity was categorically …
CCA Medical Cost-Saving Contract Unconstitutional by A Tennessee federal district judge as found an incentives contract between the Corrections Corporation of America (CCA) and a private doctor unconstitutional and must be stopped. The contract provided for financial incentives for the physician to reduce costs, which motivated him to reduce medical …
$235,000 Awarded to CCA Prisoner in Medical Suit by On March 23, 2001, a federal jury in Memphis, Tennessee, awarded Tennessee state prisoner Charles Degan $235,000 in damages in a medical neglect suit against Corrections Corporation of America (CCA), the world's largest private, for profit, prison company. In 1998 Degan's …
Article • July 15, 2001 • from PLN July, 2001
$9.5 Million Awarded in Prisoner Van Fire Death by $9.5 Million Awarded In Prisoner Van Fire Death In late February 2001, Kathryn Catalano received a $9.5 million jury award in a Tennessee U.S. District Court. She sued after her father died in an extradition van fire. Federal Extradition Agency (FEA) …
$1.4 Million Awarded to Raped Alaska Women Prisoners by $1.4 Million Awarded To Raped Alaska Women Prisoners On January 22, 2001 an Anchorage, Alaska superior court jury awarded nearly $1.4 million to five women in a civil action arising from their being sexually assaulted by a guard at an Anchorage …
$9.6 Million Awarded for Child Death in Illinois Jail by On October 19, 2000 a Cook County jury in Chicago, Illinois awarded $9.6 million to the estate of Joyce Hughes, who died from injuries she sustained after she was born in a cell in the Cook County Jail near Chicago …
Article • May 15, 2001 • from PLN May, 2001
Private Prison Contractor Not Entitled to Immunity by A State court of appeals in West Virginia has held that a private contractor of youth incarceration services is not entitled to immunity under the Governmental Tort Claims and Insurance Reform Act (the Act), W.Va. Code §§ 2912A1 to 18. Tracy Galloway …
Kentucky Phone Rate Ruling by A federal district court in Kentucky held that the filed rate doctrine barred any claims for money damages against Phone Company and county jail defendants. However, injunctive relief was still available. The court questioned the legality of an exclusive service provider contract. In the August, …
Corrections Corporation of America Hit with $3 Million Abuse Verdict by Lonnie Burton On Dec 14, 2000, a federal jury in South Carolina awarded a 14-year-old boy more than $3 million in damages after finding Tennessee-based Corrections Corporation of America (CCA) guilty of physically abusing the Charleston, SC teen-ager. In …
Jail Term for DUI Turns into Death Sentence by On July 11, 2000, Rodney "Rocky" Eickstadt began serving a 175day jail term at the Franklin County (Ohio) Jail for drunken driving. Ten weeks later he was dead _ from complications related to untreated diabetes. Eickstadt didn't know he was diabetic …
Construction Contractor Not Liable Under §1983 for Disabling Fire Safety Equipment by Construction Contractor Not Liable Under §1983 for Disabling Fire Safety Equipment A federal district court in Illinois has dismissed a private construction contractor from a suit alleging a prisoner was injured in a fire after the contractor's employees …
Dying For Profits: CMS and the Privatization of Prisoner Health Care by Ronald Young By Ronald Young Marvin Johnson, a 28-years-old diabetic, required 100 units of insulin per day to stay alive. On the morning of July 27, 1995, he was arrested and jailed in Little Rock, Arkansas for driving …
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