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Articles by Benjamin Tschirhart

SCOTUS Kills Condemned Ohio Prisoner’s Effort to Secure Evidence of Mental Impairment to Bolster Habeas Petition

by Ben Tschirhart

On June 21, 2022, the U.S. Supreme Court held that cases involving medical transport orders for prisoners seeking evidence of mental impairment to bolster a habeas corpus petition are now among those immediately appealable and do not have to await final judgment.

The Court customarily doesn’t rule ...

$2.45 Million Paid by Wellpath and Macomb County, Michigan, After Detainee’s Withdrawal Death in Jail

by Ben Tschirhart

On March 31, 2022, an agreement was entered by Michigan’s Macomb County paying $1.15 million to the estate of David Stojcevski, 32, a detainee who died from drug withdrawal while in custody in the county jail. Separately, the jail’s privately contracted healthcare provider, Correct Care Solutions (CCS) ...

SCOTUS Kneecaps Condemned Prisoners Claiming Ineffective Assistance of Counsel

by Ben Tschirhart

Ten years ago, in Martinez v. Ryan, 566 U.S. 1 (2012), the U.S. Supreme Court confronted a dilemma posed by Congress’ passage of the Anti-Terrorism and Effective Death Penalty Act (AEDPA) of 1996. That law subjects to procedural default any federal habeas corpus claims not already ...

CoreCivic Workers Unionize and Go On Strike at Arizona Prison

by Ben Tschirhart

Some 20 newly unionized workers and their supporters manned a picket line at CoreCivic’s Central Arizona Florence Correctional Complex (CAFCC) on August 12, 2022, after pay negotiations broke down over a company offer the union representative called “insulting.”

Despite alleged attempts by CoreCivic to thwart their vote, ...

Monkeypox Discovered in Chicago Jail

by Benjamin Tschirhart

Officials say the danger to general population and staff in Chicago’s Cook County Jail is low following a case of monkeypox there that was announced on July 21, 2022.

The office of Sheriff Tom Dart said that the infected detainee was a recent admission to the jail, ...

$350,000 Paid to Victim Beaten in Jail by California Sheriff’s Deputy

by Benjamin Tschirhart

On August 18, 2018, Milan Jackson was riding on Caltrain near the rail system’s stop in Redwood City, California. At some point Jackson, who suffers ADHD and autism, lay down on the train floor, not foreseeing the dire consequences of this innocuous action: He was arrested by ...

$35,000 Settlement Paid by California County After Jail Death of Elderly, Mentally Ill Detainee

by Benjamin Tschirhart

California’s San Luis Obispo County reached a settlement on February 10, 2021, agreeing to pay $35,000 to resolve wrongful death claims filed by the widow of an elderly man with dementia and mental illness who died of an embolism in the county jail on November 6, 2017, ...

$350,000 Paid To Victim Beaten in Jail by California Sheriff's Deputy

by Benjamin Tschirhart

On August 18, 2018, Milan Jackson was riding on Caltrain near the rail system’s stop in Redwood City, California. At some point Jackson, who suffers ADHD and autism, lay down on the train floor, not foreseeing the dire consequences of this innocuous action: He was arrested by ...

$1 Million Paid After Indiana Jailers Fatally Beat and Taser Detainee, But Prosecutor Finds No Crime

by Keith Sanders and Benjamin Tschirhart

When a caregiver fails to seek medical attention for a person during an emergency, inflicting instead additional pain and suffering and looking on while that person dies, a reasonable person might conclude that the caretaker has committed criminal neglect. In fact, on October 22, ...

Healthcare Audit in Utah Prisons Reveals “Inadequate Service” and “Systemic Deficiencies” After 18 Prisoner Deaths During Pandemic

by Benjamin Tschirhart

When Brandy Gillespie emailed the Clinical Services Bureau (CSB) at Utah State Prison, she was afraid for her husband, prisoner Jerry Gillespie, 48. It was November 2020 and state prisons were in the grip of the COVID-19 pandemic. The response she received was a mixture of bureaucratic ...