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Articles by Douglas Ankney

Arizona Agrees to $40,000 Settlement in Suit Over Mentally Ill Prisoner’s Suicide

by Douglas Ankney

After a federal court found its provision of healthcare and mental health care to all state prisoners was “plainly, grossly inadequate,” Arizona settled a suit over one prisoner’s suicide on November 11, 2023. In the agreement, the state promised to pay $40,000 to Julie Georgatos to settle ...

Fourth Circuit Chides Virginia Magistrate for Assuming Prisoners Proceed IFP

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit held on November 15, 2023, that a lower court erred in assuming that a group of Virginia prisoners proceeded in forma pauperis (IFP) when they sued federal Internal Revenue Service (IRS) Commissioner Daniel I. Werfel for COVID-­19 stimulus ...

First Circuit Tolls Claim for Maine Jail Death from Date of Detainee’s Injury, Rather Than When He Died

by Douglas Ankney

Of the many hurdles prisoners and jail detainees face, the statute of limitations for a civil rights claim under 42 U.S.C. § 1983 is among the first. Now the U.S. Court of Appeals for the First Circuit has made it even harder to clear, with a decision on ...

Criminalizing Poverty Drives Mass Incarceration in Kentucky, Washington

by Douglas Ankney

As a teen in the South, I often heard it said: “Being poor ain’t no sin.” But apparently it has become illegal. According to a report from the Vera Institute of Justice, Kentucky’s courts charge myriad fees and fines to plug budgets riddled with holes by the ...

Alaska Supreme Court Revives Prisoner’s Claim for 11-Month Solitary Confinement That DOC Admitted Was Improper

by Douglas Ankney

On December 22, 2023, the Supreme Court of Alaska reversed dismissal of a state prisoner’s claim for intentional infliction of emotional distress (IIED) against officials with the state Department of Corrections (DOC) who admitted improperly holding him in segregation for 504 days, 335 of which—over 11 months—were ...

Washington Prisoner’s Sentence Vacated After Attorney Calls and Visits Were Recorded

by Douglas Ankney

On January 23, 2024, the Washington Court of Appeals sent the case of a state prisoner back to the trial court that convicted him of second-­degree domestic violence rape and assault, finding the counts must be dismissed or retried because officials at the jail where he was ...

Colorado Lawmakers Take a Pass on Cash Assistance for Released Prisoners

by Douglas Ankney

Colorado lawmakers wasted little time in this year’s session before killing Senate Bill 12 (SB 12) on February 7, 2024. Though the state has one of the country’s highest recidivism rates—about 50%—the one-­year pilot program that would provide up to $3,000 in conditional cash assistance upon release ...

Idaho Stopped From Repeatedly Scheduling Executions That It Cannot Carry Out

In New Jersey, Yet More Privileged Phone Calls Between Prisoners and Attorneys Recorded and Used by Prosecutors

by Douglas Ankney

 

A New Jersey prisoner filed a putative class-action lawsuit on December 19, 2023, alleging that privileged telephone communications with his attorney were recorded by the jail where he was held, provided to prosecutors and used against him at trial. Disturbingly, this is not the first such ...

Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health

by Douglas Ankney

 

On April 2, 2024, the U.S. District Court for the Southern District of Illinois denied relief to Wexford Health Sources, Inc., the private healthcare contractor for the state Department of Corrections (DOC), from a $750,000 jury verdict for delayed surgery that left a state prisoner to ...