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Article • November 3, 2015
$600,000 Settlement in Wrongful Death by Pennsylvania Police by $600,000 Settlement in Wrongful Death by Pennsylvania Police On July 2, 2012, at a pretrial conference between the parties, defendants, Shenandoah Township Police Officers, and plaintiffs, parents of an eighteen year-old boy deceased under questionable circumstances in the Borough of Shenandoah …
Article • November 3, 2015
Seventh Circuit Upholds False Imprisonment and Deliberate Indifference Dismissal by Seventh Circuit Upholds False Imprisonment and Deliberate Indifference Dismissal On September 4, 2014, the Seventh Circuit Court of Appeals upheld the dismissal of an Illinois prisoner’s false imprisonment suit, because he was not unlawfully detained. Sex offender David Armato was …
Sixth Circuit Affirms Denial of Jail Nurse’s Qualified and Sovereign Immunity Defenses by Derek Gilna Sixth Circuit Affirms Denial of Jail Nurse’s Qualified and Sovereign Immunity Defenses by Derek Gilna The Sixth Circuit Court of Appeals has affirmed a decision by the United States District Court for the Northern District …
Article • November 3, 2015
Parole or Probation Violation Arrests Qualify as “Arrest” for Oregon Resisting Arrest Statute by Parole or Probation Violation Arrests Qualify as “Arrest” for Oregon Resisting Arrest Statute On July 10, 2014, the en banc Oregon Supreme Court held that arrest for a parole or probation violation qualifies as an arrest …
Article • November 3, 2015
At Least $78,000 in Sealed Settlement for Texas Jail Prisoner’s Suicide by Matthew Clarke At Least $78,000 in Sealed Settlement for Texas Jail Prisoner’s Suicide by Matt Clarke On March 11, 2013, a Texas federal court approved the settlement of a lawsuit over the suicide death of a Texas prisoner …
Article • November 3, 2015
Washington Rape Defendants Incorrectly Required to Prove Consent Defense by Washington Rape Defendants Incorrectly Required to Prove Consent Defense On October 30, 2014, the Washington Supreme Court held that requiring a criminal defendant to prove an alleged rape victim’s consent violates due process. Before 1975, Washington law defined rape as …
Article • November 3, 2015
Filed under: Private Contractors
Vermont Seeks to Improve Management of Prisoner Medical Costs by Derek Gilna Vermont Seeks to Improve Management of Prisoner Medical Costs by Derek Gilna Vermonters have a well-deserved reputation for fiscal responsibility, so it is no surprise that State Auditor Doug Hoffer’s 2013 audit report detailing spending on Vermont’s in-state …
Article • November 3, 2015
Budget Savings Plan for Michigan Department of Corrections a Failure by Christopher Zoukis Budget Savings Plan for Michigan Department of Corrections a Failure by Christopher Zoukis In December 2012, the Michigan legislature passed a law that would allow up to 250 retired state prison guards to come back to work …
Article • November 3, 2015
Filed under: State Law Claims, Witnesses
New York Court of Appeals Reverses for Reporter in Confidentiality Issue by New York Court of Appeals Reverses for Reporter in Confidentiality Issue The New York Court of Appeals reversed, on December 10, 2013, the New York Supreme Court's issuance of a subpoena compelling investigative reporter Jana Winter to appear …
Tenth Circuit Finds Prisoner's First Amendment Claim Substantive and Remands Case by Tenth Circuit Finds Prisoner's First Amendment Claim Substantive and Remands Case On March 10, 2014, the United States Court of Appeals for the Tenth Circuit held that a Colorado prisoner's civil rights claim against prison guards and officials …
Cunningham v. FBOP, CO, Order on CLA Assn Standing, Mental Health in Prisons, 2015 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-01570-RPM HAROLD CUNNINGHAM, CARLTON DUNBAR, JOHN W. NARDUCCI, JR., JEREMY PINSON, JOHN J. POWERS, ERNEST NORMAN SHAIFER, and MARCELLUS WASHINGTON, each individually …
In-the-News Article • November 3, 2015
PLN sues Tulare County, CA over censorship claims Nov. 3, 2015 Articles about PLN Litigation Visalia Times-Delta Magazine accuses Boudreaux of censorship David Castellon, dcastell@visaliatimesdelta.com6:46 p.m. PST November 2, 2015   The publishers of a magazine catering mostly to inmates has filed a lawsuit against Tulare CountySheriff Mike Boudreaux, claiming he …
Article • November 2, 2015
Prison Staff Records Left in Prison's Barber Shop by Christopher Zoukis Prison Staff Records Left in Prison's Barber Shop by Christopher Zoukis On August 4, 2011, a prison guard at Fort Dodge Correctional Facility in Des Moines, Iowa, a medium-security state prison which houses more than 1,300 prisoners, found sensitive …
Article • November 2, 2015
No Oregon Constitutional Right to “Full” Victim Restitution; Contributory Negligence May Limit Restitution Award by Mark Wilson No Oregon Constitutional Right to “Full” Victim Restitution; Contributory Negligence May Limit Restitution Award by Mark Wilson On October 3, 2013, the Oregon Supreme Court upheld a lower court’s refusal to grant a …
Article • November 2, 2015
Prison Health Services Must Indemnify Vermont against Wrongful Death Claims by Mark Wilson Prison Health Services Must Indemnify Vermont against Wrongful Death Claims by Mark Wilson On December 20, 2013, the Vermont Supreme Court held that Corizon Health, Inc. – formerly Prison Health Services, Inc. (PHS) – was required to …
Article • November 2, 2015
Texas Supreme Court Holds No Compensation for Wrongly-Convicted Prisoner Imprisoned on Other Charges by Matthew Clarke Texas Supreme Court Holds No Compensation for Wrongly-Convicted Prisoner Imprisoned on Other Charges by Matt Clarke On August 23, 2013, the Supreme Court of Texas held that a former death row prisoner who had …
Article • November 2, 2015
Filed under: Guard Misconduct
Indictments and Guilty Pleas in Multi-Gang Prison Smuggling Conspiracy in Texas by Matthew Clarke Indictments and Guilty Pleas in Multi-Gang Prison Smuggling Conspiracy in Texas by Matt Clarke On February 26, 2013, a 23-page federal indictment was unsealed. It charged 32 people with involvement in a complex conspiracy to smuggle …
Article • November 2, 2015
Agreement Ends Discrimination of HIV-Positive Prisoners in South Carolina by David Reutter Agreement Ends Discrimination of HIV-Positive Prisoners in South Carolina by David M. Reutter An agreement between the U.S. Department of Justice (DOJ) and the South Carolina Department of Corrections (SCDC) makes it the last state prison system to …
Article • November 2, 2015
Study Finds Victims of Bullying More Likely to Enter Criminal Justice System by Christopher Zoukis Study Finds Victims of Bullying More Likely to Enter Criminal Justice System by Christopher Zoukis A new study suggests a direct link between childhood bullying and later imprisonment for bullying victims. The study, presented at …
Article • November 2, 2015
Absent Bad Faith No PRA Sanctions for Washington Prisoners by Mark Wilson Absent Bad Faith No PRA Sanctions for Washington Prisoners by Mark Wilson On October 29, 2013, the Washington State Court of Appeals held that prisoners are ineligible for Public Records Act (PRA) violation sanctions, without a showing of …
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