A preliminary report by two human rights organizations concluded that a toxic fly ash dump which surrounds State Correctional Institution (SCI) Fayette in Pennsylvania may be causing cancer and other serious health ailments to both prisoners and staff at the facility. While more study is needed to empirically prove the ...
New York’s Appellate Division, First Department, has reversed a Bronx County supreme court’s dismissal of a 42 U.S.C. § 1983 complaint that also raised claims of negligence and medical malpractice.
The suit was filed by the estate of Eva Luckey, 46, who died at a Rikers Island jail facility in ...
Tennessee County Not Required to Pay for Medical Costs after Prisoner’s Release
by David Reutter
The Tennessee Court of Appeals has held that a prisoner does not have a private right of action for being released early from jail, in a case in which a prisoner alleged he was freed ...
Claim Alleging Guard Slammed Prisoner’s Head into Wall Defeats Summary Judgment
by David Reutter
The Sixth Circuit Court of Appeals reversed a grant of summary judgment in a prisoner’s civil rights action, holding that a reasonable jury could conclude a guard had “inflicted serious pain” on the prisoner “with malicious ...
Sovereign Immunity Doesn’t Bar Attorney Fee Award Against Georgia DOC
by David Reutter
The Georgia Supreme Court held on June 16, 2014 that sovereign immunity does not bar an award of attorney fees and litigation costs against the Georgia Department of Corrections (GDOC).
The ruling resulted from certiorari review of ...
GEO Group’s Florida Immigration Detention Center “Horrifying”
by David M. Reutter
Hundreds of undocumented immigrants are housed at the GEO Group-operated Broward Transitional Center (BTC) in Pompano Beach, Florida, and many are victims of mistreatment and policy violations according to a report issued by an immigrants’ rights group.
The 71-page ...
Georgia Deputies Liable for Detaining and Stripping Man in Debt Judgment Execution
by David Reutter
The Georgia Court of Appeals held in March 2014 that Fulton County sheriff’s deputies who detained a man to execute a debt judgment can be held liable for violating his rights.
Brooke Payne, the former ...
Michigan Governor Lacks Authority to Revoke Commutations
by David Reutter
The Michigan Supreme Court held on June 3, 2014 that the governor does not have the power to revoke a completed commutation of sentence. It further held that where it is the governor’s clear intent to commute a sentence and ...
Two Georgia jail guards were placed on paid leave for “inappropriate actions” in the death of a pretrial detainee at the Chatham County Detention Center.
Just hours after his New Year’s Day arrest, Matthew Ojibade was found unresponsive in an isolation cell. His arrest came after his girlfriend called police to intervene to take Ojibade, 22, to a hospital for treatment of a manic episode.
According to a police report, police witnessed Ojibade under a blanket holding a woman, whose face was bruised and her nose was bleeding.” The report says Ojibade failed to comply with orders to release the woman and proceeded to “resist apprehension in a violent manner.”
He was charged with domestic violence, battery, and obstruction of an officer. The girlfriend informed police that Ojibade had mental issues and she gave them a bottle of his medication.
At the jail, Ojibade “fought with deputies…and had to be restrained,” says a police statement. The restraint was placement in a restrainment chair. Officials say a struggle caused injuries to three guards, including a female sergeant who suffered a concussion and broken nose. His “dangerous behavior” resulted in placement in an isolation cell.
On the second welfare check, Ojibade was ...
Virginia is leading the way in restoring civil rights to former offenders. In just the last year, Gov. Terry McAuliffe restored the rights of 5,113 Virginians to vote, serve on a jury, hold public office, and become notaries. He is acting to remove obstacles that prevent others from receiving civil rights restoration.
Historically, Virginia has been one of the most restrictive states in the nation in restoring civil rights to those who have completed their criminal sentence sanctions. Attempts in recent years to amend the Virginia Constitution to allow automatic restoration of civil rights have failed. Nonviolent offenders are eligible to have their rights restored after they have served their time and paid fines and restitution; violent offenders must wait five years.
Former Gov. Bob McDonnell pushed for the constitutional amendment. He also used his authority as the only person who can restore civil rights, setting a record with the restoration of rights to 8,163 people over his four – year term. About 35,000 people in the state are disenfranchised in the state, including about a fifth of the state’s population.
McAuliffe is picking up where McDonnell left off, and he is sure to surpass the restoration record. “I’m only ...
