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Second Circuit Reverses Dismissal of Bivens Suit Due to Continuing Violation Doctrine

Loaded on July 6, 2016 by Derek Gilna published in Prison Legal News July, 2016, page 46
Filed under: Racial Discrimination, Eighth Amendment, Administrative Exhaustion, Grievances, Control Units/SHU/Solitary Confinement. Location: New York.

Esteban Gonzalez, while incarcerated at the Metropolitan Correctional Center (MCC) in Manhattan and the Metropolitan Detention Center (MDC) in Brooklyn, was confined to the Special Housing Unit (SHU) for stabbing another prisoner “with a knife-like object.” After being held in the SHU at both facilities for “an extended period of ...

 

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More from this issue:

  1. Betraying the Promise of Accreditation: Quis Custodiet Ipsos Custodes?, by Gary Hunter
  2. Supreme Court Sets Aside Death Penalty Conviction on Batson Grounds, by Derek Gilna
  3. Congressional Black Caucus PAC Urged to Cut Ties with Private Prison Lobbyists
  4. Court Issues New Injunction Mandating Education for NYC Prisoners at Rikers Island, by Derek Gilna
  5. Pennsylvania: Woman Dies in Jail While Serving Sentence for Truancy Fines and Court Costs, by Christopher Zoukis
  6. Seventh Circuit Affirms Prison Policy Banning Adult Magazines, with Caveats, by Derek Gilna
  7. Private Prison Execs Continue to Make Much More than Guards
  8. Courts Divided on Confidentiality of Attorney-Prisoner Email, by Derek Gilna
  9. Pfizer Deals Blow to Lethal Injections, by Christopher Zoukis
  10. Medical Statistical Model Used to Estimate Wrongful Conviction Rate in Death Penalty Cases, by Matthew Clarke
  11. Canadian Prison Staff, Cellmate Charged in Prisoner’s Beating Death, by Joe Watson
  12. Study Shows Modest Decline in Prison Populations, by Derek Gilna
  13. Illinois Sheriff Demotes One, Fires 3, Suspends 10 after Death of Jail Detainee, by Derek Gilna
  14. Dekalb County Settles Lawsuit, Ends Debtors’ Prisons
  15. Crowdfunding Projects Present Opportunities for Prisoners, by Derek Gilna
  16. OIG Study: Bureau of Prisons Held Thousands of Prisoners Beyond Release Dates, by Derek Gilna
  17. Florida Courthouse Employees Commit Crimes with “Alarming Regularity”
  18. Dallas Conviction Integrity Unit Gains National Notoriety, by Matthew Clarke
  19. DC Prisoner Awarded $70,000 for ADA Violations at CCA-run Jail, by Derek Gilna
  20. Indiana Prisoner Dies after Cell Extraction
  21. Mississippi DOC Guard Trainee Busted for Smuggling Contraband
  22. Contaminated Sites and Prisons in New Jersey, by Panagioti Tsolkas
  23. Connecticut Prisoner Wins Motion for Sanctions over Destruction of Evidence; Case Settles for $40,000, by Derek Gilna
  24. Indiana ACLU Announces Settlement to Help Mentally Ill Prisoners, by Derek Gilna
  25. Second Circuit Reverses Dismissal of Bivens Suit Due to Continuing Violation Doctrine, by Derek Gilna
  26. Amnesty International: Sudanese Prisoners Housed in Shipping Containers
  27. In California Death Row’s “Adjustment Center,” Condemned Men Wait in Solitary Confinement
  28. Georgia: Federal Court Finds Bond System Unfair to Indigent Defendants, Enters Injunction, by Derek Gilna
  29. Seventh Circuit Reverses Dismissal of Federal Prisoner’s Bivens Suit Over Medical Care, by Derek Gilna
  30. Demonstrators Protest Gates Foundation’s $2.2 Million Investment in GEO Group, by Joe Watson
  31. Multiple Suicides at Florida Jail a Cause for Concern, by David Reutter
  32. Wisconsin Prisoner’s Civil Rights Action Alleging Verbal Harassment Reinstated, by Derek Gilna
  33. California Jail Ordered to Restore Attorney-Client Contact Visits, by Derek Gilna
  34. The End of Prison Visitation
  35. Cities Re-evaluating Housing Bans for Former Prisoners, by Matthew Clarke
  36. Overcrowding at South Dakota Prison Impacts Family Visitation Program
  37. Defendants Claim Sexual Abuse by Arkansas Judge
  38. A Deadly Dust is Plaguing Hawaii Prisoners in Arizona
  39. Supreme Court Allows Prisoner’s § 1983 Action after Dismissal of Federal Tort Claim, by Derek Gilna
  40. Florida Drug Court Judge’s Relapse Results in Removal from Bench, by David Reutter
  41. Ohio Prison Guards Cited for Sexual Misconduct with Prisoners, by Christopher Zoukis
  42. Breaking News: 18 Deaths in Six Months at Mississippi State Penitentiary, by Derek Gilna
  43. Tennessee Enacts Contrary “Ban the Box” Bills
  44. The Taste of Exploitation: Whole Foods Stops Carrying Products Made by Prisoners, by Christopher Zoukis
  45. Coroner: California Prisoner’s Death Due to Starvation
  46. UK Security Company’s Long History of Controversy, Misconduct, by Derek Gilna
  47. Michigan State Prisoner Receives $1,250 for Interference with Visit, by Derek Gilna
  48. Ninth Circuit Finds Accidental Amputation of Prisoner’s Fingertip Not a § 1983 Violation, by Derek Gilna
  49. U.S. Supreme Court: Prisoners Must Exhaust “Available” Administrative Remedies, by Derek Gilna
  50. Ex-captain Sentenced for Raping Subordinate at Virginia Prison
  51. News in Brief
  52. From the Editor, by Paul Wright

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