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See No Evil, Hear No Evil, Treat No Evil: Centurion and the Curse of For-Profit Prison Healthcare by J.D. Schmidt by J.D. Schmidt On November 14, 2022, the Florida arm of Centurion Health, one of the nation’s largest private prison and jail healthcare companies, filed a lawsuit in Putnam County …
Article • March 6, 2019 • from PLN March, 2019
Maine Prisoner’s Challenge to Confiscation of Funds States Declaratory Judgment Claim by David Reutter by David Reutter The Maine Supreme Judicial Court held on October 16, 2018 that a trial court erred by dismissing a petition challenging a prison rule that requires any prisoner who earns money for work to …
Article • March 6, 2018 • from PLN March, 2018
Illinois Prisoner’s Petition Challenging Disciplinary Report States Cause of Action by The Illinois Fourth District Court of Appeals held in July 2017 that a prisoner had stated a cause of action on several claims in his petitions for writ of mandamus, declaratory relief and common law writ of certiorari. Prisoner …
Article • March 6, 2018 • from PLN March, 2018
Declaratory Judgment in Mississippi Case Challenging Indefinite Jail Detention by Matthew Clarke by Matt Clarke A Mississippi federal district court has issued an agreed declaratory judgment in a case brought by two defendants who were held for long periods of time in the Scott County Detention Center without an individualized …
Article • August 31, 2017
Arkansas: Failure to Include Interested Party is Fatal to Action for Declaratory Relief by Dale Chappell by Dale Chappell Failure to include an interested party is fatal to an action for declaratory relief, the Arkansas Supreme Court held on August 3, 2017. Cedric Brown pleaded guilty to attempted first-degree murder …
Sabata v. Nebraska, NE, Class Action Complaint, Prison Conditions, 2017 4:17-cv-03107 Doc # 1 Filed: 08/15/17 Page 1 of 90 - Page ID # 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA HANNAH SABATA; DYLAN CARDEILHAC; JAMES CURTRIGHT; JASON GALLE; RICHARD GRISWOLD; MICHAEL GUNTHER; ANGELIC NORRIS; R.P., a …
Filing • August 9, 2016
PLN v. Co. of Tulare, et al., CA, Judgement, censorship, 2016 Case 1:15-cv-01650-JAM-SAB Document 49 Filed 08/09/16 Page 1 of 2 1 LISA ELLS – 243657 CHRISTOPHER D. HU – 293052 & GRUNFELD LLP 2 ROSEN BIEN GALVAN 50 Fremont Street, 19th Floor 3 San Francisco, California 94105-2235 Telephone: (415) …
Brief • August 9, 2016
PLN v. Co. of Tulare, et al., CA, Judgement, censorship, 2016 Case 1:15-cv-01650-JAM-SAB Document 49 Filed 08/09/16 Page 1 of 2 1 LISA ELLS – 243657 CHRISTOPHER D. HU – 293052 & GRUNFELD LLP 2 ROSEN BIEN GALVAN 50 Fremont Street, 19th Floor 3 San Francisco, California 94105-2235 Telephone: (415) …
Article • May 15, 2013
North Carolina Court Dismisses Petition for Judicial Review and Upholds Execution Protocol by North Carolina Department of Corrections' death row prisoners petitioned the Superior Court of North Carolina for judicial review of the Council of State's approval of an execution protocol order under G.S. 15-188 that would be carried out …
Assessment of Prison Account Without Seizure of Funds Implicates Due Process in Third Circuit by Mark Wilson In an important case of first impression, the U.S. Court of Appeals for the Third Circuit held that an assessment of a prisoner’s trust account without an actual seizure of funds implicates a …
Class Action Alleging Unconstitutional Michigan Indigent Defense System Survives Summary Judgment by Michigan’s Court of Appeals has upheld the denial of a summary judgment motion filed by state officials in a class action lawsuit that claims indigent defendants subject to felony prosecutions in trial courts in three Michigan counties have …
Brief • October 22, 2009
Filed under: Declaratory Judgment
Williams v Kitsap County, WA Declaration Wrongful Prosecution, False Imprisonment, 2009 Oct-20-09 CuttingEdgeTrain;ng Case10:29 3:08-cv-05430-RBL Document 150 Filed 10/22/2009 3606714180Page 1 of 20 llONORABLE RONALD FI LEIGHTON 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASIlTNGTOl\ AT TACOMA 7 9 10 v. 12 14 1$ DECLARA TlON OF …
Sexually Harassed Florida Prison Nurse’s Injunctive Relief Claim Moot by A Florida federal district court has denied summary judgment on monetary damages but granted it for injunctive and declatory relief, on motion brought by the Florida Department of Corrections (FDOC) in a lawsuit alleging gender discrimination and hostile work environment. …
Michigan Statute Denying Appointed Counsel to Indigent Criminals Enjoined by A challenge by indigent criminal defendants under § 1983 to state court judges' practice of denying appellate counsel based on plea-based convictions, and to the statute that codified the practice, was barred by Younger abstention. Each plaintiff had ongoing state …
RI Enjoined from Indiscriminate Strip Searches by A federal district court in Rhode Island entered declaratory relief that held that the Rhode Island Department of Corrections' policy on strip and visual body cavity searches was unconstitutional as applied to pre arraignment detainees where no prior determination of reasonable suspicion has …
Sovereign Immunity No Bar to BOP Prisoners' Eighth Amendment Mandamus Suit by The Tenth Circuit Court of Appeals has held that a federal prisoner's mandamus action alleging an Eighth Amendment violation is not barred by the doctrine of sovereign immunity. This action was brought by Bureau of Prisons (BOP) prisoner …
Legal Research Prohibition Upon Contract Attorney Denies Adequate Court Access by David Reutter by David M. Reutter An Iowa federal district court has held that the legal assistance program at Iowas Anamosa State Penitentiary (ASP) was an unconstitutional impediment to a prisoners access to the court because it did not …
Article • September 15, 2005 • from PLN September, 2005
$7,500 of Personal Injury Award Exempt From Attachment By Illinois DOC by A court of appeals in Illinois ruled that the Illinois Department of Corrections (DOC), which was seeking to attach a settlement awarded a prisoner in a personal injury suit, could not attach $7,500 of the award. That ruling …
Article • August 15, 2003 • from PLN August, 2003
Oregon HCV Suit Certified as Class Action by On December 19, 2002, Oregon prisoners suing prison officials for refusing to properly diagnose and treat their hepatitis C virus (HCV) were handed an important victory, when a federal judge issued a 37-page Opinion and Order, certifying the suit as a class …
New York Jail Strip Search Policy Unconstitutional by by Matthew T. Clarke A panel of the Second Circuit court of appeals has upheld a New York federal district court's ruling that the blanket strip search policy of Nassau County, New York, which allows visual body cavity searches of all incoming …
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