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Articles by Lonnie Burton

Report: “Culture of Racism,” Frequent Use of Force at Northern California Prison

by Lonnie Burton

In December 2015, California's Office of the Inspector General reported there was a “culture of racism and lack of acceptance of ethnic differences” among guards at the High Desert State Prison (HDSP), who engaged in “alarmingly” frequent uses of force against prisoners. That report prompted state corrections ...

California Court Vacates Prison Infraction Charging Prisoner for Refusing Meals

by Lonnie Burton

The California Court of Appeal, First Appellate District, Division Two, has invalidated a prison infraction that charged a hunger-striking prisoner with “participating in a riot, rout, or unlawful assembly,” as it was unsupported by “some evidence.” The ruling reversed the finding of a prison hearings officer made ...

Widespread Abuses at Santa Clara County Jail; Three Guards Convicted of Murder

by Lonnie Burton

Three guards employed at a jail in Santa Clara County, California, in the Silicon Valley area, were convicted on June 1, 2017 of second-degree murder for the fatal beating of a mentally ill prisoner two years earlier. The charges also resulted in investigations into guards’ conduct as ...

$6,500 Settlement after Ninth Circuit Reverses Summary Judgment in Retaliatory Ad-seg Case

by Lonnie Burton

On October 26, 2016, the Ninth Circuit reversed a district court’s dismissal of a suit filed by a California prisoner who claimed prison officials had wrongly punished him for reporting staff misconduct. The 2-1 decision vacated a grant of summary judgment to the defendants.

The case began ...

Seventh Circuit Reverses Infraction for Failure to Allow Prisoner to Present Evidence

by Lonnie Burton

On April 19, 2016, a panel of the Seventh Circuit reversed the decision of an Indiana prison hearings officer who had found a state prisoner guilty of possessing heroin. The appellate court held that because the prisoner was prevented from defending against the accusation, his due process ...

Illinois Pays $450,000 to Prisoner Who was Raped, Punished for Reporting It

by Lonnie Burton

An Illinois State prisoner who was raped agreed to settle his lawsuit against Illinois Department of Corrections (IDOC) officials who punished him for reporting the sexual assault. The $450,000 payout was one of the largest in state history for a prison retaliation case.

In August 2011, James ...

Seventh Circuit Reinstates Illinois Prisoner’s Religious Rights Suit

by Lonnie Burton

On October 17, 2016, the Seventh Circuit granted the appeal of an Illinois state prisoner who had sued for violations of his religious rights. The appellate court held that a previous claim he had filed in state court based on the same set of facts did not ...

Illinois High Court Upholds Sex Offender Requirements Struck Down in Other States

by Lonnie Burton

On October 20, 2016, the Illinios Supreme Court declared constitutional a law that requires convicted sex offenders to report their email addresses, Internet identities and related online data to law enforcement officials. The unanimous decision found a provision of the Sex Offender Registration Act, 730 ILCS 152/101 ...

Eighth Circuit Declines to Block Subpoena Requiring Missouri to Disclose Identities of Execution Drug Suppliers

by Lonnie Burton

Richard Jordan and Ricky Chase, on death row in Missouri, challenged lethal injection as an execution method by contending it was cruel and unusual punishment in violation of the Eighth Amendment. After the federal district court denied a motion to dismiss filed by Missouri prison officials, Chase ...

Seventh Circuit: Prison Doctor Not Entitled to Summary Judgment on Deliberate Indifference Claim

by Lonnie Burton

On September 8, 2016, the Court of Appeals for the Seventh Circuit reversed a district court’s order granting summary judgment to a federal prison doctor who refused to adequately treat a prisoner with severe burns on his legs. However, summary judgment in favor of a health services ...