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Texas: Complaint Filed Over Contaminated Water, Conditions at Eastham Unit by Panagioti Tsolkas The Texas Department of Criminal Justice (TDCJ) has become a litmus test for dealing with toxic environmental conditions for prisoners. Earlier this year, prisoners at the Wallace Pack Unit and their advocates on the outside succeeded in ...
Nebraska: Portions of Lawsuit over Guard’s Sexual Assault Allowed to Proceed by Last year, the Nebraska Court of Appeals held a prisoner’s claim alleging an intentional tort related to a sexual assault by a guard was barred by the State Tort Claims Act (STCA), but claims of intentional and negligent ...
Merits Ruling on Procedurally Flawed Grievance Satisfies PLRA by The Eleventh Circuit Court of Appeals has held that district courts may not enforce a prison’s procedural rule to find a failure to exhaust administrative remedies after prison officials declined to enforce the rule themselves. The Court also found the district ...
Ninth Circuit Adopts Test to Excuse Exhaustion of Administration Remedies for Retaliatory Threats by The Ninth Circuit Court of Appeals joined other circuits in holding that a prisoner’s fear of retaliation may be sufficient to render the grievance procedure unavailable. The Court adopted a test that requires both a subjective ...
Nevada Prisoner Receives $500, Other Considerations, in Settlement of Complaint Asserting Numerous Civil Rights Violations by Lonnie Burton On April 18, 2016, the Nevada Department of' Corrections (NDOC) agreed to pay a state prisoner $500 and make other policy changes' as part of a settlement agreement resolving the federal civil ...
Federal Prison Worker Receives $25,000 Settlement in Claim for Racial Discrimination, Retaliation by Lonnie Burton On June 16, 2003, a federal prison employee settled her complaint against the Federal Bureau of Prisons (BOP), where she alleged she was subjected to racial epithets, and then a slew of retaliatory acts after ...
Article • September 9, 2016
BOP Grievance System Can Foster "Compliance or Defiance" by Derek Gilna The Federal Bureau of Prisons (BOP) first instituted the prisoner grievance system (IR) in 1974, and since that time it appears to have become an important tool to defuse prisoner complaints about the BOP and its procedures. A new ...
Federal Prison Whistleblower Receives $2,400 in Retaliation Complaint by Lonnie Burton On July 17, 2003, a former federal prison employee settled his multiple discrimination and retaliation complaints against the Federal Bureau of Prisons (BOP) for $2,400. Documents related to the case just recently were released to Prison Legal News as ...
Arbitrator Awards $1 to Prison Worker in Harassment and Retaliation Claim by Lonnie Burton John K. Faber had been employed by the Federal Bureau of Prisons (BOP) since 1981. He held the position of Specialty Instructor at the Staff Training Academy (STA) in Artesia, New Mexico, when in 1997 he ...
Fifth Circuit Reverses District Court's Denial of Appointment of Counsel by On March 6, 2009, Fifth Circuit reversed the district court's denial of appointment of counsel and upheld the dismissal of free exercise, equal protection and retaliation claims. Texas prisoner Willie Lee Garner filed a pro se lawsuit pursuant to ...
Sixth Circuit Reverses Dismissal of Federal Prisoner’s Bivens Claim, Discusses Inmate Accident Compensation Act by Derek Gilna On May 11, 2016, the Sixth Circuit Court of Appeals reversed a district court’s dismissal of a former prisoner’s civil rights action. Stephen Ted Koprowski, who was incarcerated at USP Ft. McCreary in ...
$7,000 Settlement after Second Circuit Reverses Dismissal of New York Prisoner’s Suit by Derek Gilna In 2007, prisoner Aaron Willey filed a pro se federal civil rights lawsuit against guards employed by the New York State Department of Corrections and Community Supervision, alleging harassment, inadequate nutrition, theft of legal documents, ...
Idaho DOC Can’t Stop Love; State Senator’s Ex-wife Weds Prisoner by Mark Wilson Lance Conway Wood, 48, was described as “a strong-willed inmate” with an extensive “history of ‘crossing the line’” who “exploits the human weaknesses of prison staff,” according to a federal judge. Wood, however, undoubtedly views himself as ...
Denial of Qualified Immunity Requires Detailed Order by The Eighth Circuit Court of Appeals remanded an Arkansas federal district court’s order denying US. Marshals qualified immunity on summary judgment. At issue was a lawsuit brought by James Clayton Solomon, who was transferred from the Oklahoma City Federal Transfer Center to ...
BOP Pays $20,000 to Settle Sexual Harassment Complaint by The federal Bureau of Prisons (BOP) paid $20,000 to settle on Equal Employment Opportunity complaint alleging sexual harassment. Brenda Fornengo, a counselor at FCI Sandstone in Massachusetts, alleged her supervisor, Mr. McMahan, harassed her in her work place.  Her allegations included ...
BOP Pays $5,000 to Settle Lawsuit Claiming it Failed to Comply with EEOC Order by The federal Bureau of Prisons paid $5,000 to settle a lawsuit alleging BOP failed to comply with an Equal Employment Opportunity Commission order. Marlene Dawkins worked at the U.S. Penitentiary in Atlanta from December 23, ...
Davis et al v. Abercrombie et al, HI, Order denying Def Mot to Transfer Venue, CCA religious discrimination denial retaliation, 2011 Case 1:11-cv-00144-LEK -BMK Document 28 Filed 05/27/11 Page 1 of 27 657 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII RICHARD KAPELA DAVIS; et ...
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 ...
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