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Article • February 2, 2016 • from PLN February, 2016
New York Prisoner’s Retaliation Claim Nets $147,000 in Damages, Fees and Costs by David Reutter A New York federal jury entered a verdict that awarded a state prisoner $40,002 in a case alleging a First Amendment retaliation claim, and post-trial the court awarded over $107,000 in attorney fees and costs. …
Article • February 2, 2016 • from PLN February, 2016
In Past Three Years, Governors in Three States Declare Moratorium on Executions by Christopher Zoukis In Past Three Years, Governors in Three States Declare Moratorium on Executions by Christopher Zoukis Three states have imposed moratoriums on the death penalty since 2013, raising to 11 the number of states that still …
Article • February 2, 2016 • from PLN February, 2016
$2,250 Jury Award in Arkansas Prisoner’s Excessive Force Case by Matthew Clarke In a verdict handed down on August 21, 2014, a federal jury found in favor of an Arkansas prisoner who claimed prison guards had provoked him into attacking them so they could beat him. The jury award of …
California: Settlement in Race-based Prison Lockdown Suit; $2.375 Million in Fees and Costs by Lonnie Burton On July 21, 2014, a California federal judge approved class-action status in a lawsuit filed by state prisoners challenging the statewide practice of race-based prison lockdowns. U.S. District Court Judge Troy L. Nunley of …
Article • February 2, 2016 • from PLN February, 2016
Filed under: Voting, International
European Human Rights Court Finds UK Prisoners Wrongfully Denied Vote by Derek Gilna In August 2014, the European Court of Human Rights (ECHR) in Strasbourg, France ruled against the United Kingdom and in favor of UK prisoners who were denied the right to vote in the 2009 European elections. The …
Article • February 2, 2016 • from PLN February, 2016
Louisiana Jail Detainee’s Death Leads to FBI Investigation, Charges by Nimali Henry, 19, died on April 1, 2014 while in the custody of the St. Bernard Parish Prison in Louisiana after jail employees failed to provide her with proper medication and treatment that they knew she needed. The FBI initiated …
Article • February 2, 2016 • from PLN February, 2016
Texas Prisons to Allow In-person Wedding Ceremonies after Prohibition on Proxy Marriages by Prisoners in Texas will once again be allowed to marry someone on the outside under new rules formulated by the Texas Department of Criminal Justice (TDJC) in the wake of an outcry of public opinion following a …
Article • February 2, 2016 • from PLN February, 2016
PLN Settles Lawsuit against Florida Jail’s Postcard-only Policy by After PLN filed suit, a South Florida federal district court granted a preliminary injunction requiring the St. Lucie County Jail (SLCJ) to keep its amended postcard-only policy in effect during the litigation, which later resulted in a settlement. PLN filed a …
Article • February 2, 2016 • from PLN February, 2016
Use of Pseudonym Merited to Protect Prisoner from Victimization by The Ninth Circuit Court of Appeals held on May 27, 2015 that a California death-sentenced prisoner had submitted sufficient evidence to proceed under a pseudonym rather than his real name. The appellate court noted this was an exceptional case that …
Article • February 2, 2016 • from PLN February, 2016
Oregon DOC Envelope Art Ban Violates First Amendment by Mark Wilson On November 14, 2013, a federal judge denied summary judgment to Oregon prison officials, finding that their enforcement of a policy banning “envelope art” violated the First Amendment. Following a bench trial in early 2015, the district court held …
$250,000 Settlement for Estate of PA Prisoner Killed by Mentally Ill Cellmate by David Reutter The Pennsylvania Department of Corrections (PDOC) paid $250,000 to settle a lawsuit filed by the estate of an elderly, handicapped prisoner who was killed by his psychotic cellmate at State Correctional Institution Forest. Elwood Brasswell, …
Article • February 2, 2016 • from PLN February, 2016
Florida Jail Ends Postcard-Only Policy as Part of Settlement by David Reutter Last year, the Sheriff of Florida’s Flagler County agreed to a settlement that revoked a postcard-only policy at his jail and allowed prisoners to receive and send mail in envelopes. Jennifer Underwood’s husband was held at the Flagler …
Article • February 2, 2016 • from PLN February, 2016
Filed under: Environmental Law, Water, Zoning
Environmental Problems Taint Plan for New Prison in Utah by Panagioti Tsolkas   by Panagioti Tsolkas Utah is planning to open a 4,000-bed facility to replace the Utah State Prison in Draper. After several years of considering whether to relocate or rebuild the prison, the state has settled on relocation …
Article • February 2, 2016 • from PLN February, 2016
Filed under: Bail, Bail Bonds
The Slow, Painful Death of Bail in New York City by Jarrett Murphy by Jarrett Murphy, City Limits In September 2015, New York’s chief judge said he would order the review of all bails imposed in low-level cases where a defendant did not pay, and push courts to consider alternatives …
California’s Jail-building Boom: What Comes After Mass Incarceration? Local Incarceration. by Anat Rubin by Anat Rubin, Marshall Project In the desert city of Indio, California halfway between Los Angeles and the Arizona border, a small monument to the state’s prison downsizing experiment is materializing in a shopping center storefront, where …
Male Guards’ Videotaping of Female Prisoners Being Strip Searched Results in $675,000 Settlement by David Reutter In August 2014, a Massachusetts federal district court granted summary judgment to a class of 176 former and current prisoners who challenged a policy at the Western Regional Women’s Correctional Center (WCC) that allowed …
Article • February 2, 2016 • from PLN February, 2016
Filed under: Death Penalty, Death Row
Supreme Court Upholds Oklahoma’s Use of New Execution Drug by Derek Gilna Oklahoma death row prisoners filed a § 1983 civil rights lawsuit challenging the use of a new drug by prison officials to put them to death, but their effort fell short in the U.S. Supreme Court. The state …
Police State: How America’s Cops Get Away with Murder (Book Review) by Bill Trine Police State: How America’s Cops Get Away with Murder, by Gerry Spence (St. Martin’s Press, 2015). 338 pages, hard cover. $19.40 Book review by Bill Trine In recent years, the American public has witnessed shocking videos, …
Article • February 2, 2016 • from PLN February, 2016
Federal Judges Very Rarely Sanctioned for Misconduct by Matthew Clarke Federal judges, who have lifetime appointments, hold positions that give them unique power to control the future of defendants who appear before them in public proceedings. However, when it comes to examining the personal behavior of those same jurists, they …
$3 Million Settlement in Death of Mentally Ill Prisoner; Three Guards Indicted by Matthew Clarke A $3 million settlement was paid to the parents of a 23-year-old mental health patient killed by three guards at Bridgewater State Hospital who were attempting to strap him into four-point restraints on a small …
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