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Article • September 15, 2004 • from PLN September, 2004
Washington Jail Trustees Entitled to L&I Benefits by Division 3 of the Washington State Court of Appeals (Div. 3) has ruled that county jail trustees who are hurt while performing their duties are entitled to benefits from Labor & Industries (L&I) under RCW § 51.12.035 et seq. In July of …
Article • September 15, 2004 • from PLN September, 2004
New York State Prisoner Awarded $30,000 for Work Related Injuries by On December 17, 2003, a state court of claims in White Plains, New York, awarded state prisoner Jose Santos $30,000 for injuries he sustained while working in the industrial-unit paint shop at the Fishkill Correctional Facility. In his lawsuit, …
Article • June 15, 2004 • from PLN June, 2004
California Prisoner Not Earning Wages Is Denied Workers' Comp by John E Dannenberg California Prisoner Not Earning Wages is Denied Workers' Comp. by John E. Dannenberg The California Court of Appeals held that a prisoner injured on his job in the prison laundry was entitled to a $0.00 Workers' Compensation …
Kansas Grievance Procedures Inapplicable in Negligence Action by The Kansas Court of Appeals held that a state prisoner was not required to follow prison grievance procedures to exhaust administrative remedies before filing a negligence action. The court also held that the prisoner was not required to: file his claim with …
Article • April 15, 2004 • from PLN April, 2004
New York Prisoner Awarded $435,000 in Tire Accident by New York Prisoner Awarded $435,000 in Tire Accident On June 10, 2003, the Court of Claims in Rochester, New York, awarded $435,000 for pain and suffering to a New York prisoner who was injured when a forklift tire exploded in his …
Article • January 15, 2004 • from PLN January, 2004
Alabama Highway Labor Kills Three Prisoners, Three More Injured by In a sudden surge of mayhem, three Alabama prisoners were killed in separate incidents and three more were injured. Prisoner highway labor was temporarily suspended. On April 11, 2003, Dairron Clark, 33, was struck and killed by a minivan on …
Article • December 15, 2003
Australia Fined $42,500 for Prisoner Work Injury by Australia's Department of Justice was fined $42,500 and ordered to pay $4,870 in costs after pleading guilty to violating the Occupational Health and Safety Act, causing a prisoner severe injury. Maximum security prisoner Justin Adams had three fingers amputated and his right …
Inmate Compensation Program Applies to Federal Pretrial Detainees by Inmate Compensation Program Applies to Federal Pretrial Detainees, Is Exclusive Remedy for Work-Related Injury The Seventh Circuit Court of Appeals held that the Inmate Compensation Program (ICP) at 18 U.S.C. § 4126(c) applies to pretrial federal detainees. Leo Paschal was a …
Article • October 15, 2003 • from PLN October, 2003
Eight Washington Prison Premises Liabilities Claims Settled for $35,058 by Premises liabilities claims by injured Washington state prisoners and visitors were settled in eight unrelated claims totaling $35,058 over a two year period in 2001 and 2002. Pro per Walla Walla State Penitentiary prisoner Marcus Ogans filed a 42 U.S.C. …
Receipt of Federal Funds Waives Eleventh Amendment Immunity for Rehabilitation Act by The U.S. Third Circuit Court of Appeals has affirmed in part and reversed in part a Pennsylvania Federal District Court's grant of summary judgment to state defendants in a prison employee's claim involving the Rehabilitation Act (RA) and …
Article • October 15, 2003 • from PLN October, 2003
Diagnosis, Not Exposure, Triggers Limitation Period in HCV Action by The Iowa Supreme Court held in a workers compensation case that the statute of limitations in a hepatitis C exposure case begins to run on the date of diagnosis, rather than the date of exposure. On October 2, 1990, Diane …
Article • September 15, 2003 • from PLN September, 2003
Washington State's Changes to Good Time Laws Benefit Few by Lonnie Burton On May 20, 2003, Washington state governor Gary Locke signed into law Senate Bill 5990, which works numerous changes to the amount of good time prisoners in the state can receive. The new law, passed by 43-4 and …
Article • August 15, 2003 • from PLN August, 2003
$3.2 Million Awarded to New York Jail Prisoner in Work Accident by On October 18, 2002, a Queens county, New York, jury awarded Ronald York, a 21 year old prisoner at the New York City jail on Riker's Island, $3.2 million in damages as compensation for a work injury. Ronald …
Article • August 15, 2003 • from PLN August, 2003
Arizona Prisoner Entitled to Workers' Compensation Payments During Period of Incarceration by The Arizona Court of Appeals held that a prisoner may collect workers' compensation benefits during his term of imprisonment, despite a 1997 state statute prohibiting workers' compensation payments "during the period of time that [a claimant] has . …
America's Prisons Turn a Blind Eye to HCV Epidemic by Mark Wilson The hepatitis C virus (HCV) is an insidious and relentless disease which is highly unpredictable and eventually fatal. It is a chronic disease which is the leading cause of cirrhosis, liver failure and liver cancer which causes an …
Article • May 15, 2003 • from PLN May, 2003
Washington Prisoner L & I Statutes Struck Down by Washington Prisoner L & I Statutes Struck Down The Washington Supreme Court struck down a statutory scheme which denies labor and industries benefits to state prisoners with life sentences and no dependents. RCW 51.32.040(3) and 72.60.102 were declared unconstitutional. because they …
Injury Report Satisfies Texas Tort Claims Actual Notice Requirement by by Matthew T. Clarke A Texas state court of appeals has ruled that the safety investigation and accident report of an accident in which a prisoner was injured gave the prison system actual notice of the prisoner's claim as required …
Article • March 15, 2003 • from PLN October, 2004
Jury Awards $20,000 to Nurse Stuck by Needle from HIV Positive Prisoner by On November 26, 2003, a Massachusetts jury awarded a nurse at a medical center, which treated prisoners from a nearby Worcester County prison, $20,000 for emotional distress that resulted from being stuck by a needle from an …
Alabama DOC Quickly Settles Prison Working Conditions Suit by John E Dannenberg by John E. Dannenberg On January 8, 2002, a scant two months after being sued, Alabama Department of Corrections (DOC) officials settled a class action complaint filed on behalf of 200 prison workers at the Elmore Correctional Facility …
Florida Prisoner Sues for Contracting HIV by David Reutter by David M. Reutter Florida prisoner Richard James Randles filed simultaneous state and federal lawsuits alleging guard B.D. Hester ordered him, on three separate occasions, to clean up blood from other prisoners who had accidentally wounded themselves or attempted suicide at …
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