Appeals court revives lawsuit over dirty TN inmate
Lawyer Blogs
A federal appeals court has revived a lawsuit that claims that an inmate at a privately run jail was denied mental health treatment and did not shower or leave his segregated cell for nine months.
The U.S. 6th Circuit Court of Appeals said last week that the lawsuit against Corrections Corporation of American should not have been dismissed by a lower court in 2009. The divided court opinion said there was a genuine question about how much physical injury inmate Frank Horton suffered while incarcerated.
CCA spokesman Steve Owen said company lawyers are assessing the opinion and still deciding what the next step will be.
Mary Braswell filed a federal lawsuit in 2008 against CCA accusing the private prison operator of treating her grandson inhumanely at the Nashville jail and violating his constitutional rights.
She claimed that Horton was mentally ill and deteriorated severely while he locked up for a non-violent probation violation from December 2005 to April 2008.
Court records say that Horton has a history of mental illness, and he was segregated from the general population in the jail because of behavioral problems. CCA guards had to use force at times to get Horton to take a shower and to keep him from fighting with other inmates, the records say.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.