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Seventh Circuit Allows Illinois Prisoner to Prove Administrative Remedy Was “Unavailable” in Double-Celling Complaint

Loaded on June 15, 2023 by David Reutter published in Prison Legal News June, 2023, page 45
Filed under: Overcrowding, Administrative Exhaustion, Administrative Procedures Act (State). Location: Illinois.

by David M. Reutter

On December 14, 2022, the U.S. Court of Appeals for the Seventh Circuit took up the latest in a “slew” of cases by Illinois prisoners alleging they are “housed like cattle” at Menard Correctional Center (MCC), “where cells meant for one person are routinely …

 

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More from this issue:

  1. New York Finding Closed Prisons a Tough Sell, by Chuck Sharman
  2. Ninth Circuit Says Arizona DOC Policy Cannot Be Used to Censor Prisoner’s Free Expression, by David Reutter
  3. “Night of Terror” in Indiana Jail Sees Detainees Assaulted by Fellow Prisoners Who Purchased Cell Keys From Guard, by Kevin Bliss
  4. Minnesota Supreme Court: Prisoner Abused with Overtight Handcuffs Need Only Show Deliberate Indifference, Not Malicious Intent, by Matthew Clarke
  5. Study Shows COVID-19 Drove Prison Death Rates 50% Higher, by Keith Sanders
  6. Wellpath Subsidiary Out of Australian Women’s Prison After Indigenous Prisoner’s Death, by Keith Sanders
  7. Bureau of Justice Statistics Releases Latest First Step Act Data, by Casey Bastian
  8. “Abdication of Responsibility”: Heads Roll in Tennessee DOC Over Botched Execution Protocols, by Kevin Bliss
  9. Federal Courts Throw Out Smart Communications’ Mail-Scanning Patent, by Robert Schaeffer
  10. $775,000 Paid for Mentally Ill California Jail Detainee Who Compulsively Drank Water Until He Died, by Casey Bastian
  11. Dying for Being Deadbeat Dad in Missouri Jail, by Chuck Sharman
  12. Report Reveals Extent of Federal Pretrial Detention Crisis, by Casey Bastian
  13. Eighth Circuit Requires Source-of-Funds Finding Before Allowing BOP to Raid Account of Federal Prisoner in Missouri, by David Reutter
  14. Arizona Prison Forcibly Induced Labor for Pregnant Prisoners, by Eike Blohm, MD
  15. Senators Rail at DOJ Failure to Report In-Custody Deaths, by Jayson Hawkins
  16. $17.675 Million Paid for New Yorker’s Wrongful Conviction, by Jacob Barrett
  17. Sixth Circuit: “Minimal Findings Necessary” Before Garnishing Funds From Federal Prisoner in Ohio, by Casey Bastian
  18. Prisoner Health Update: Tuberculosis, by Eike Blohm, MD
  19. Four Escape Troubled Mississippi Jail After Fifth Circuit Postpones Federal Receivership, by Keith Sanders
  20. U.S. Prisoner Numbers Slowly Declining, by Edward Lyon
  21. No Charges for Georgia Guards Who Allegedly Abetted Attack That Left Prisoner Dead, by Keith Sanders
  22. Condemned Tennessee Prisoner Wins Fight Against Autopsy, by Harold Hempstead
  23. 70 Months for Former Warden of BOP ‘Rape Club’ in California, by Benjamin Tschirhart
  24. Seventh Circuit Allows Illinois Prisoner to Prove Administrative Remedy Was “Unavailable” in Double-Celling Complaint, by David Reutter
  25. Illinois Makes Abortion Care Free for State Prisoners, by Chuck Sharman
  26. Almost $42,500 Awarded to Illinois Prisoner for Denial of Physical Therapy by Wellpath Nurse, by Casey Bastian
  27. State Prison Systems Failing to Provide Meaningful Programming, by Casey Bastian
  28. Eighth Circuit Greenlights Arkansas Execution Protocol, by Jacob Barrett
  29. Second Circuit Upholds Connecticut Prison Porn Ban, Sets Up Circuit Split Over “Vagueness” Test, by Jacob Barrett
  30. Louisiana Sheriff Coughs Up $2.75 Million After Falsely Claiming Detainee Died From Accidental Fall, by Jacob Barrett
  31. Nevada Pays Over $568,000 for Denying Prisoner Cataract Surgery, Ends “One Good Eye” Policy, by Jacob Barrett
  32. Four Michigan Jail Guards Guilty in Detainee Death, Family Paid $2.4 Million, by Matthew Clarke
  33. Former Mississippi Sheriff Indicted for Bribery After Allegedly Allowing Detainee Rape at County Jail, by Jordan Arizmendi
  34. $3,000 Awarded to Ohio Prisoner for Denied Public Records, by David Reutter
  35. BOP Hits Back Hard After Federal Prisoner in Arizona Brandishes Gun, by Benjamin Tschirhart
  36. It’s Official: BOP Prisoners on Expanded COVID-19 Home Confinement Staying Put, by Jordan Arizmendi
  37. Prisoner Counselors STORMING California Prisons to Aid in Addiction Recovery, by Kevin Bliss
  38. Fifth South Carolina Prisoner Sentenced in “Sextortion” Scams Targeting Military Members, by Chuck Sharman
  39. Imprisoned Former Head of New York City Jails Guards’ Union Granted Release, by Matthew Clarke
  40. News in Brief
  41. Chronic Punishment: The Unmet Health Needs of People in State Prisons, by Leah Wang
  42. Prisoners Caught in Ukraine War Crossfire, by Chuck Sharman
  43. From the Editor, by Paul Wright
  44. Over $3.5 Million Paid to Incontinent Colorado Prisoner Offered Diapers Instead of Dining Priority Pass, by David Reutter
  45. Sing Sing Prisoners File Suit Against New York State Alleging Vicious Beating by Guards, by Keith Sanders
  46. No More Naps for Massachusetts Guards, by Eike Blohm, MD
  47. Eighth Circuit Lets Public Defender Withdraw from BOP Prisoner’s “Frivolous” Appeal, by Matthew Clarke
  48. Michigan Supreme Court Justice Caves to Criticism, Accepts Resignation of Formerly Incarcerated Clerk, by Kevin Bliss
  49. Massachusetts Settles One of Three Suits Alleging Retaliation by Prison Guards for Assault on One of Their Own, by Harold Hempstead
  50. “All Signals Blinking Red” at Federal Prison in West Virginia After DOJ Releases Report on Killing of Mobster “Whitey” Bulger, by Benjamin Tschirhart, Casey Bastian
  51. Eleventh Circuit Won’t Force Condemned Alabama Prisoner to Die by Method He Didn’t Choose, by David Reutter
  52. Corizon Bankruptcy Threatens $6.4 Million Award to Family of Michigan Prisoner Whose Five-Day Jail Term Turned Into Death Sentence, by Jacob Barrett
  53. California Easing Housing Hurdles for Released Prisoners, by Edward Lyon
  54. Federal Prisoner in Pennsylvania Gets Sentence Reduction After Guard Rapes Her, by Casey Bastian
  55. Hawaii Guard One of Four Convicted in Smuggling Scheme at Honolulu Prison, by Chuck Sharman

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