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Article • March 15, 2013 • from PLN March, 2013
Former California Prison Guard Convicted of Lying about Injury Sustained at Sex Club by In March 2012, an ex-prison guard and his wife were convicted of attempted perjury for trying to swindle California’s workers’ compensation system by claiming that injuries the guard sustained at a San Francisco sex club were …
Colorado: CCA Doctor Disciplined for Role in Prisoner’s Death by In December 2012, the Colorado Medical Board concluded its inquiry into a complaint filed against Dr. David Mark Sakai Oba, who provided medical services at the CCA-operated Bent County Correctional Facility (BCCF), and issued an admonishment. Terrell D. Griswold, 26, …
$2.6 Million Jury Award for Prisoner Beaten in Los Angeles County Detox Cell by Matthew Clarke by Matt Clarke On June 13, 2012, a federal jury awarded over $2.6 million to a man who was brutally assaulted by another prisoner while being held in a detoxification cell in a West …
Article • March 15, 2013 • from PLN March, 2013
$4.1 Million Settlement for Cook County Jail Prisoners Shacked During Labor by Cook County Illinois has agreed to pay a $4.1 million settlement in a class-action lawsuit that challenged the shackling of pregnant prisoners at the Cook County Jail during labor, delivery or after giving birth, from December 4, 2006 …
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 …
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