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Articles by Mark Wilson

Medicaid for Juvenile Detainees Rejected (Ohio)

California High-Risk Sex Offender Parole Not Limited to Current Offense

by Mark Wilson

The California Court of Appeals held that a lower court erred in holding that failing to register as a sex offender does not authorize parole supervision as a high-risk sex offender.

In 1989, Charles Andre Toussain was convicted of assault with intent to rape and sentenced to ...

$200 Damages in Kansas Postcard-Only Policy

by Mark Wilson

The United States Court of Appeals for the Tenth Circuit affirmed a lower court's judgment that a Kansas jail's postcard-only policy violated the First Amendment.

Nicholas Cox was detained in the Johnson County Adult Detention Center awaiting trial on Kansas domestic violence criminal charges.

The jail instituted ...

Ninth Circuit: Sheriff's Pervasive, Unwanted Hugs May Create Hostile Work Environment

by Mark Wilson

The United States Court of Appeals for the Ninth Circuit reversed the dismissal of a jail guard’s hostile work environment claim against a sheriff, holding that unwelcome and pervasive hugging can create a hostile or abusive work environment.

Victoria Zetwick began working as a California jail guard ...

Denial of Illinois Medical Grievance is Personal Involvement

An Illinois federal court dismissed medical care claims against a prison warden, but refused to dismiss claims against non-medical staff who denied a prisoner’s grievance. Illinois prisoner Tony Foster was diagnosed with a cataract in his left eye. Dr. Norman Patterson prescribed eyeglasses because Foster said he was losing vision ...

Male Vermont Prison Employees Paid $10,000; No Gender Discrimination Found

The Vermont Supreme Court held that Vermont prison officials did not violate state law by paying male employees as much as $10,000 more annually than their female counterparts.

Lynne Silloway began working as a business manager for the Vermont Department of Corrections (VDOC) in 2002. She discovered in 2010 that ...

Fifth Circuit Remands Jail Suicide Dismissal for Reconsideration

by Mark Wilson

The United States Court of Appeals for the Fifth Circuit reversed the dismissal of a jail suicide suit. The lower court failed to analyze whether factual disputes existed as to whether unconstitutional jail conditions contributed to the detainee’s death.

Texas nurse, mother and wife, Diana LaRoy Simpson, ...

Eighth Circuit: Restraint Board Order Entitled to Qualified Immunity

by Mark Wilson

The United States Court of Appeals for the Eighth Circuit reversed a lower court’s denial of qualified immunity to a guard who ordered a prisoner confined to a restraint board for more than three hours.

Minnesota prisoner Ronnie Jackson has a long history of mental health problems, ...

Oregon Habeas Cognizable to Challenge Florida Confinement Under ICC

by Mark Wilson

The Oregon Court of Appeals held that prisoners incarcerated in other states under the Interstate Corrections Compact (ICC) may challenge the conditions of their confinement in Oregon habeas corpus actions against Oregon prison officials.

In 1979, the Oregon legislature enacted the ICC into Oregon law. Under Article ...

Ninth Circuit: Merits Decision Excuses Procedurally Flawed Exhaustion

by Mark Wilson

The United States Court of Appeals for the Ninth Circuit held that a prisoner who fails to comply with prison grievance procedural requirements nevertheless exhausts administrative remedies if prison officials deny the grievances on the merits.

In January 2011, California prison physician Wesley Hashimoto recommended morphine and ...