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Third Circuit Holds Prisons Not Required to Treat Impotence or Infertility by The Third Circuit Court of Appeals has held that prison officials do not have to treat medical conditions that could result in a prisoner’s impotence or infertility. When Shemtov Michtavi was incarcerated at the Federal Correctional Institution in …
Maine DA Sued for Malicious Prosecution by “Absolute immunity” typically allows prosecutors to escape liability in the event of malicious prosecutions. Even when prosecutorial misconduct is exposed, the punishment is usually far less severe than that experienced by the victim of the state’s wrongdoing – such as spending many years …
Study: 95 Percent of Elected Prosecutors are White by Joe Watson A recent study illustrates just how racially skewed the U.S. criminal justice system is with respect to its most powerful participants: prosecutors. Of 2,437 elected state and local prosecutors holding office in 2014, 95 percent were white and 79% …
Brief • January 24, 2017
Simpson v. Yellowstone County, MT, Opinion and Order, Wrongful Death Stolen Car, 2017 Case 1:15-cv-00099-SPW Document 69 Filed 01/24/17 Page 1 of 33 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION ESTATE OF LOREN SIMPSON et al, CV 15-99-BLG-SPW Plaintiffs, OPINION AND ORDER vs. YELLOWSTONE …
Nebraska: Portions of Lawsuit over Guard’s Sexual Assault Allowed to Proceed by Last year, the Nebraska Court of Appeals held a prisoner’s claim alleging an intentional tort related to a sexual assault by a guard was barred by the State Tort Claims Act (STCA), but claims of intentional and negligent …
Three California Jail Guards Charged with Murdering One Prisoner, Assaulting Another by Christopher Zoukis Three California jail guards have been charged with assaulting and murdering a mentally ill prisoner after he was found unresponsive in his cell shortly after midnight on August 27, 2015. Santa Clara County jail deputies Jereh …
Tennessee Sheriff Indicted, Suspended and Jailed Over E-cig Business by Tennessee’s Rutherford County Sheriff has been indicted and is presently incarcerated, awaiting trial on charges related to his connections with a company that sold e-cigarettes to prisoners at his jail, as well as other contracts he entered into without county …
California County Settles Class-action Lawsuit Over Jail Medical and Mental Health Care by Matthew Clarke In November 2015, Riverside County, California agreed to settle a federal class-action civil rights suit brought by current and former county jail prisoners who alleged violations of their constitutional right to adequate medical and mental …
Improper Analysis of Sovereign Immunity Defense Requires Remand in Georgia Negligence Claim by The Georgia Supreme Court vacated the rulings of two lower courts because they failed to apply the proper legal analysis in deciding the application of sovereign immunity. The matter before the court came on a petition for …
By the Numbers - Parole Release and Revocation Across 50 States, Robina Institute, 2016 1 Parole Release and Revocation Across 50 States INTRODUCTION BY THE NUMBERS: A publication by the Robina Institute of Criminal Law and Criminal Justice ROBINA INSTITUTE OF CRIMINAL LAW AND CRIMINAL JUSTICE UNIVERSITY OF MINNESOTA LAW …
Missouri Jail Detainee Becomes Comatose, Treated in Hospital for Three Weeks by Christopher Zoukis In September 2015, Bernard Scott, 44, was arrested for various traffic violations and jailed at the Pine Lawn, Mo. jail in St. Louis County. He was held on a $360 bond. While in detention he called …
Ohio Prison Guards Use JPay System to Illegally Download Thousands of Copyrighted Songs by Joe Watson Ohio’s top watchdog has recommended that the use of state owned computers by employees of the Ohio Department of Rehabilitation and Correction (ODRC) should be heavily restricted to prevent prison guards from again illegally …
DC Lawyers' Report Slams Prisoner Conditions at District of Columbia Jails by Derek Gilna It has been an open secret for many years that the District of Columbia jail system is a human-rights disaster.  Our nation's capital's correctional system's faults have been compiled in a 73-page report prepared by the …
Private Jail Contractor’s Insurance Excludes Coverage of Detainee’s Death by The Fifth Circuit Court of Appeals held that an insurance company is not required to defend or indemnify a private prison contractor in the death of a pretrial detainee at a Texas jail. Mario Garcia was confined at the Brooks …
Wardens “Retire” from Two California Women’s Prisons by The California Department of Corrections and Rehabilitation (CDCR) called the July 29, 2016 “retirement” of wardens at two state women’s prisons a “coincidence.” However, Colby Lenz, a legal advocate with the California Coalition for Women Prisoners, commenting on the abrupt departures of …
Another Appeal in New York Post-Release Supervision Case by Matthew Clarke On October 14, 2015, U.S. District Court Judge Shira Scheindlin held she would retain jurisdiction over a class-action civil rights lawsuit in order to determine the damages to be awarded former prisoners for the imposition or continuation of post-release …
Article • December 7, 2016 • from PLN December, 2016
Fifth Circuit Holds Louisiana Prisoner May Sue Over Failure to Credit Good Time by Matthew Clarke On January 1, 2016, the Fifth Circuit Court of Appeals held that a Louisiana prisoner may sue prison officials for failing to credit him with good conduct time which would have shortened his sentence. …
Prisoner Deaths Continue To Rise by Christopher Zoukis For the third year in row, the number of prisoners who died in America's prisons and jails rose. Some 4,446 prisoners died in 2013, a two percent increase over 2012, continuing an upward trend, according to the U.S. Department of Justice's Office …
Brief • November 10, 2016
County of Los Angeles v. Castro, CA, Petition for Writ of Certiorari, Pretrial Detainees, 2016 NO. 16-_____ In the Supreme Court of the United States COUNTY OF LOS ANGELES, ET AL., Petitioners, –v– JONATHAN MICHAEL CASTRO, Respondent. On Petition for Writ of Certiorari to the United States Court of Appeals …
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