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Article • March 15, 2013 • from PLN March, 2013
California Prison Psychiatrists Reap Rewards from State Bidding War by Following a competitive bidding war between California state mental hospitals and state prisons, both seeking psychiatrists to treat their mentally ill patients, the prison system has emerged as the winner – largely due to a federal court order to improve …
Tennessee DOC Accused of Covering Up Violent Incidents by Alex Friedmann As previously reported in Prison Legal News, the Tennessee Department of Correction (TDOC) has been experiencing higher levels of prisoner-on-prisoner and prisoner-on-staff violence since Commissioner Derrick Schofield was appointed in January 2011. The increased violence coincides with a number …
Article • March 15, 2013 • from PLN March, 2013
Filed under: Medical, Hernias
Prison Doctor’s Failure to Follow Prescribed Hernia Treatment States Claim by On May 25, 2012, the Ninth Circuit Court of Appeals reversed the dismissal of a prisoner’s civil rights complaint, finding he had alleged facts that showed a prison doctor had diagnosed a hernia but failed to implement the prescribed …
Article • March 15, 2013 • from PLN March, 2013
7th Circuit Reaffirms Voluntariness of BOP’s Inmate Financial Responsibility Program by Derek Gilna In a ruling of significance to the approximately 218,000 prisoners in the Bureau of Prisons (BOP), the Seventh Circuit has reaffirmed that a federal prisoner cannot be ordered by his or her sentencing court to participate in …
Second Circuit Reverses Summary Judgment for Non-Treatment of Prisoner’s HCV by On March 9, 2012, the Second Circuit Court of Appeals reversed the dismissal of a New York prisoner’s claims related to denial of hepatitis C (HCV) treatment. The Second Circuit also determined that the district court had misinterpreted a …
DC Court Disbars Former Federal Prosecutor for Misconduct by Derek Gilna On March 8, 2012, for the first time in over ten years, a former federal prosecutor was disbarred for “egregious” misconduct during the prosecution of several high-profile murder cases in the 1990s. According to a 2010 investigation by USA …
Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld by Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld On March 19, 2012, the Eighth Circuit Court of Appeals held that 42 U.S.C. § 1997e(e) bars compensatory damages …
Article • March 15, 2013 • from PLN March, 2013
Filed under: Mail, Legal Mail
Indigent Prisoner’s Damages Claim in Legal Mail Case Survives Summary Judgment by The Court of Appeals for the Sixth Circuit has reversed a grant of summary judgment to defendant prison officials in a civil rights case challenging a policy that requires indigent prisoners to leave their legal mail unsealed for …
U.S. Citizens Mistakenly Snared, Deported by DHS and ICE by Derek Gilna An increasing number of American citizens have been questioned, detained and even deported by the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE), as a result of databases that incorrectly identify them as undocumented …
South Carolina Sex Offender’s Lifetime Satellite Monitoring Held Unconstitutional by The South Caroline Supreme Court held on May 9, 2012 that court-ordered lifetime satellite monitoring violated a sex offender’s due process rights. Jennifer Rayanne Dykes, 26, was convicted of a sex offense for having an eight-month relationship with a 14-year-old …
“Shocks the Conscience” Test Applied to Conditions at Civil Commitment Center by The Eighth Circuit Court of Appeals has held that the “shocks the conscience” standard, as opposed to the “professional judgment” standard, is the proper analysis when determining an alleged due process violation based on the treatment and discipline …
Article • March 15, 2013 • from PLN March, 2013
Filed under: Commentary/Reviews
Have the Media Stopped Covering Courts? by by Joshua Gerstein Big legal showdowns between the press and courts often draw attention, as news organizations battle for the right to cover hearings and trials, for access to court records and to be allowed to take cameras into the courtroom. These battles …
Article • March 15, 2013 • from PLN March, 2013
Eleventh Circuit: No Right to Spanish-language RDAP Program by In an April 2, 2012 unpublished per curiam ruling, the Eleventh Circuit Court of Appeals upheld the dismissal of a federal prisoner’s lawsuit seeking reinstatement of a Bureau of Prisons (BOP) Spanish-language substance abuse program. The suit claimed that the BOP …
Article • March 15, 2013 • from PLN March, 2013
$2 Million Settlement in Mailman’s Death at New York City Jail by The City of New York has agreed to pay $2 million to settle a lawsuit claiming that deliberate indifference resulted in the death of a pretrial detainee. The settlement came in a federal civil rights action filed by …
Article • March 15, 2013 • from PLN March, 2013
Former New York Prisoner Exonerated, Receives $2 Million Settlement by A man whose conviction was overturned after spending 10 years in prison has settled his wrongful conviction suit against the State of New York for $2 million. Michael Clancy, 25, was working as an apprentice elevator mechanic when he was …
Equitable Tolling of AEDPA Includes Non-English Speaking Petitioners by The Third Circuit Court of Appeals has held that a language inability, when combined with denial of legal or translation assistance, can be an extraordinary circumstance for equitable tolling purposes in habeas cases. The issue was before the Third Circuit following …
Article • March 15, 2013 • from PLN March, 2013
Fifth Circuit Reverses $659,300 Katrina-Related Jury Award by Matthew Clarke by Matt Clarke In March 2012, the Fifth Circuit Court of Appeals reversed a $659,300 jury award in favor of two men who were arrested for public intoxication in New Orleans two days before Hurricane Katrina struck, and were then …
Article • March 15, 2013 • from PLN March, 2013
Illinois Woman Awarded $70,000 for Strip Search Based on Canine Alert by On June 28, 2012, an Illinois federal jury awarded a woman $70,000 for a strip search that occurred after a drug detection canine alerted on her car following a traffic stop for an unrelated warrant for failure to …
Article • March 15, 2013 • from PLN March, 2013
Oregon ACLU Sues Jail over Mail Policy; County Quickly Capitulates by The American Civil Liberties Union of Oregon filed a federal lawsuit against a county jail in June 2012, challenging a policy that prevented prisoners from receiving ACLU correspondence. County officials quickly agreed to change the policy and the suit …
Article • March 15, 2013 • from PLN March, 2013
Eighth Circuit: Procedurally Defaulted Grievances Decided on Merits are Considered Exhausted by On June 15, 2012, the Court of Appeals for the Eighth Circuit reversed the dismissal of a prisoner’s claims related to inadequate medical care. Missouri state prisoner Mark E. Hammett, while housed at the Jefferson County Correctional Center, …
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