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Maine Court Rules Prisoner’s Rights Violated by 22 Months in Segregation Without Meaningful Review but Awards No Damages
Loaded on July 1, 2020
by Matthew Clarke
published in Prison Legal News
July, 2020, page 46
Filed under:
Retaliatory Segregation.
Location:
Maine.
by Matt Clarke
On September 24, 2019, a Maine state court found that a state prisoner’s rights were violated when he was held in segregation for 22 months without “meaningful periodic review.” However, the court denied the prisoner’s request that it impose limitations on the Maine Department of Correction (DOC) ...
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More from this issue:
- Mississippi Prisons in Crisis, by David Reutter
- Rappers Jay-Z and Yo Gatti Help Prisoners in Mississippi Sue State Over “Inhumane and Unconstitutional Conditions”, by Bill Barton
- From the Editor, by Paul Wright
- Florida’s Refusal to Release Prisoners During COVID-19 Resulting in Death Sentences, by David Reutter
- Prison Postcards: A Plea from Kentucky and Dispatches from Texas and Massachusetts, by Ken Silverstein
- Unlike U.S., Many Governments Releasing Large Numbers of Prisoners to Reduce Threat of COVID-19, by Matthew Clarke
- Status of the Pandemic Heading into Summer, by Michael D. Cohen, MD
- COVID-19 Pandemic Leads to Unrest in Prisons Around the Globe, by Matthew Clarke
- $1 Million Payout to Family of Man Who Died After Seizures in Montana Jail, by Kevin Bliss
- Florida Guards and Prisoners Fear COVID-19 Infection, by David Reutter
- COVID-19 and the Texas Department of Criminal Justice, by Edward Lyon
- The Popularity of YouTube Prison Lifestyle Videos, by Anthony Accurso
- Sixth Circuit Vacates Preliminary Injunction Regarding Elkton Prisoner Class Action, by Derek Gilna
- Man Sentenced to One Year For Shoplifting Dies In Prison During Pandemic, by Anthony Accurso
- L.A. County Sheriff Says Prisoners Intentionally Tried to Catch Coronavirus to Get Released, by Dale Chappell
- Secret BOP Document Raises Risk Factors, Security Levels of Prisoners
- New York District Court Judge Denies Preliminary Injunction Against MCC Brooklyn, by Derek Gilna
- Who’s in SHU? A Survey of Solitary Confinement, by Terry A Kupers
- Reports: COVID-19 More Prevalent Than Reported in Nation’s Prisons and Jails, by Kevin Bliss
- Warden Reassigned From COVID-19 Inundated Louisiana Federal Prison, by Matthew Clarke
- Sale of Clandestine Surveillance Equipment Available to the Government and “Select Clients”, by Kevin Bliss
- ACLU Files Lawsuit Against CoreCivic Prison in Arizona over COVID-19 Failures, by Dale Chappell
- Michigan Prisoner’s Whistleblowing on GED Test Cheating Survives Summary Judgment, by David Reutter
- U.S. Supreme Court Overturns Texas Federal Judge’s Order Granting COVID-19 Relief to Elderly Prisoners, by Matthew Clarke
- Alabama Should Release Elder Prisoners at Risk for COVID-19, by Edward Lyon
- $1.15 Million Settlement After South Carolina Prisoner’s Baby Born, Dies in Toilet, by Edward Lyon
- With Lives of Immigrant Detainees at Risk to COVID-19, Federal Judge Forces ICE’s Hand, by Christopher Zoukis
- 11th Circuit Rules Florida Prisoner Claiming Sexual Assault by Guard Can Proceed With Cruel and Unusual Punishment Claim, by David Reutter
- Lawsuit Over Conditions at BOP’s New York City Prison Continues as COVID-19 Spreads, by David Reutter
- Oklahoma Jail Sued for Mocking Prisoner as He Died, by Dale Chappell
- Interview: Alec Karakatsanis of the Civil Rights Corps on Money Bail and Debtors’ Prisons, by Ken Silverstein
- Orleans Parish Sheriff, Wellpath, Sued Over Louisiana Jail Prisoner’s Fatal Overdose, by Matthew Clarke
- Policy Change Leads to Gang Riot at Utah Prison, by Kevin Bliss
- Indiana Prisoner’s Suit Alleging Illegal Solitary Confinement Settled for $425,000, by Douglas Ankney
- Pennsylvania Judge Verdict: A Potential Death Sentence for Shoplifting Conviction, by Edward Lyon
- Maine Court Rules Prisoner’s Rights Violated by 22 Months in Segregation Without Meaningful Review but Awards No Damages, by Matthew Clarke
- New Jersey Jail Detainee Dies While Reportedly Begging for Water, by Douglas Ankney
- Report: JailCore Left Prisoners’ Data Unprotected Online, by Matthew Clarke
- NaphCare, Oregon Jail’s Private Healthcare Provider, Required to Disclose Records in Detox Death Suit, by Mark Wilson
- Federal Court Allows Lawsuit Over Sexual Assault of Female Connecticut Prisoner to Proceed, by Matthew Clarke
- Ninth Circuit Announces New Rule on Eighth Amendment Violation Due to Sexual Assault by Montana Prison Staffer, by Dale Chappell
- Ninth Circuit Reverses Summary Judgment in California Sexual Harassment Case, by David Reutter
- California Court of Appeal Upholds Dismissal of Challenge to Excessive Jail Phone Rates as Unconstitutional Tax, by Matthew Clarke
- Ex Post Facto Oregon Parole Postponement Claim Not Cognizable in §2254 Proceeding, by Mark Wilson
- High School Journalists Garner National Attention by Exposing School’s Use of Prisoner Labor, by Douglas Ankney
- Florida’s “Pay-to-Vote” System Struck Down, by David Reutter
- Sexual Assault of Colorado Prisoner Deemed Constitutional Violation; Her Case Can Proceed, by David Reutter
- Delaware Changes Prison Health Care Provider Due to Lawsuits Against Prior Contract Holder, by Jayson Hawkins
- Oregon Federal Court: 8th and 14th Amendments Mandate Miller Hearing, by Mark Wilson
- Texas Attorney General Finds GEO Documents Are Public Information, by Matthew Clarke
- Rhode Island Pays $380,419 to Settle Prison Guard Hiring Discrimination Suit, by Matthew Clarke
- HRDC Prevails in Censorship Suit Against Kentucky Prison System, Wins $104,711, by David Reutter
- Former Prisoners Shut Out of Coronavirus Loans, by Jayson Hawkins
- Connecticut City Settles Suit Over Prisoner’s Suicide for $1,393,000, by Matthew Clarke
- Former CoreCivic Nurse in Colorado Claims Sex Discrimination, Retaliation After Filing Complaint About Poor Medical Care, by Dale Chappell
- COVID-19 Changes the Face of Education in the Nation’s Prison Systems, by Kevin Bliss
- Florida Prisoners Win 3.9 Million in Media Credits in MP3 Player Lawsuit, by David Reutter
- Prisoners Replace New Orleans Sanitation Workers Striking for Coronavirus Hazard Pay, by Kevin Bliss
- News in Brief
More from Matthew Clarke:
- U.S. Sentencing Commission Publishes Data Report on Compassionate Release in FY 2023, Oct. 1, 2024
- Fourth Circuit Vacates Order Denying § 2254 Motion, Remands for Evidentiary Hearing on Whether Counsel’s Failure to Object to Duplicative Drug Conspiracy Counts in Violation of Double Jeopardy Clause Was Strategic, Oct. 1, 2024
- Rhode Island Supreme Court Holds Temporal Requirement of ‘Recent Fabrication’ Exception to Hearsay Rule Not Satisfied and Scribbled Note Made by Child Victim of Sexual Abuse Years After Alleged Events Not ‘Excited Utterance’, Oct. 1, 2024
- Virginia Governor’s Veto Exposes Prisoners Who Took Plea Bargains to Civil Rights Violations, Sept. 15, 2024
- Law Review Article Reports Metadata on Victims of Coercive Plea Bargaining, Sept. 1, 2024
- California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393, Sept. 1, 2024
- New Mexico Supreme Court Holds Double Jeopardy Applies When Prosecutor’s Misconduct Willfully Disregarded Resulting Mistrial, Sept. 1, 2024
- After Spike in Jail Deaths, Riverside County Sheriff’s Department Under California Department of Justice Investigation, Aug. 15, 2024
- $7.5 Million Settlement in Suit Over California Jail Death, Aug. 15, 2024
- Oregon Transgender Prisoner Claims Abusive Violation of Injunction, but Court Declines Sanctions, Aug. 15, 2024
More from these topics:
- $125,000 Settlement for Wisconsin Prisoner’s Claim That Guards Set Him Up For Stabbing, May 1, 2024. Guard Misconduct, Racial Discrimination, Retaliation for Media Contact, Retaliatory Segregation, Prison Gangs, Failure to Protect (General).
- At BOP California “Rape Club” Prison: Historic Ruling, FBI Raid, Warden Removed, April 1, 2024. Staff-Prisoner Assault, DOC/BOP misconduct, Retaliation for Litigating, Retaliation for Filing Grievances, Whistleblowing, Retaliatory Searches, Retaliatory Segregation, Systemic Medical Neglect, Failure to Treat, Staffing, Preliminary Injunctions/TRO's, Special Masters, Failure to Treat (Mental Illness), Special Master.
- Seventh Circuit Reinstates Claim of Illinois Prisoner Held 18 Months After Release for Refusing to Sign Incomplete Form, Feb. 1, 2024. Retaliatory Segregation, Overdetention.
- BOP Slammed for Prisoner Abuse in Now-Shuttered Segregation Unit at USP-Thomson in Illinois, Feb. 1, 2024. Retaliation for Media Contact, Retaliation for Filing Grievances, Retaliatory Segregation, Failure to Protect (General), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Control Units/SHU/Solitary Confinement, Bureau of Prisons (BOP).
- Alabama DOC Proves Truly “Heartless”, Jan. 1, 2024. Prisoner-Prisoner Assault, Guard Misconduct, Threats by Staff, Parole Board Misconduct, Retaliation for Litigating, Retaliation for Media Contact, Retaliation for Organizing, Whistleblowing, Retaliatory Segregation, Prison/Jail Murders, Failure to Protect (General), Staffing, Wrongful Death, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Control Units/SHU/Solitary Confinement.
- $9,000 Settlement for Florida Prisoner’s Retaliation and Excessive Force Claims Against Guards, Jan. 1, 2024. Retaliation for Filing Grievances, Retaliatory Segregation, Guard Brutality/Beatings, Legal Mail.
- Colorado Prisoner Targeted by Gangs Wins Injunction for Placement in Protective Custody, Nov. 30, 2022. Retaliatory Segregation, Prison Gangs, Protective Custody.
- Fifth Circuit Affirms Dismissal of Federal Prisoner’s Bivens Action Challenging Due Process in 280-Day SHU Stay and Alleging Retaliation, Sept. 1, 2021. Retaliatory Segregation, Control Units/SHU/Solitary Confinement, Dismissal.
- Maine Supreme Judicial Court Holds Courts Have Authority to Enjoin DOC from Unconstitutional Segregation Practices, July 1, 2021. Retaliatory Segregation, Good Time.
- Illinois Federal Jury Awards Prisoner $252,100 for Beating and Denial of Medical Care, Jan. 8, 2019. Misconduct/Corruption, Retaliatory Segregation, Excessive Force, Guard Brutality/Beatings, Settlements.