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Article • June 3, 2015 • from PLN June, 2015
Fourth Circuit Finds No Sex Reassignment Surgery Evaluation States Claim; $13,000 Settlement by Fourth Circuit Finds No Sex Reassignment Surgery Evaluation States Claim; $13,000 Settlement he Fourth Circuit Court of Appeals held on January 28, 2013 that refusal to evaluate a transgender prisoner for sex reassignment surgery states a valid …
Article • June 3, 2015 • from PLN June, 2015
Fifth Circuit Holds Texas Prisoner has Right to Free Kosher Meals by Matthew Clarke Fifth Circuit Holds Texas Prisoner has Right to Free Kosher Meals by Matt Clarke On December 21, 2012, in a lawsuit that still remains pending, the Fifth Circuit Court of Appeals held that a Jewish prisoner …
Article • June 3, 2015 • from PLN June, 2015
Automatic Oregon Death Row Confinement Pending Resentencing Enjoined by Mark Wilson Automatic Oregon Death Row Confinement Pending Resentencing Enjoined by Mark Wilson On October 10, 2014, an Oregon federal judge enjoined prison officials from automatically segregating death sentenced prisoners who have had their sentences vacated and are awaiting resentencing. Oregon …
Article • June 3, 2015 • from PLN June, 2015
Washington Prisoner’s Wife Prevails on PRA Claim for Investigative Report Redactions by Mark Wilson Washington Prisoner’s Wife Prevails on PRA Claim for Investigative Report Redactions by Mark Wilson On September 16, 2014, the Washington Court of Appeals held that information redacted from a prison investigative report should have been disclosed …
Article • June 3, 2015 • from PLN June, 2015
Filed under: Vision, Surgery
Nevada DOC’s “One Eye Policy” Challenged; Summary Judgment Reversed by Lonnie Burton Nevada DOC’s “One Eye Policy” Challenged; Summary Judgment Reversed by Lonnie Burton In an October 24, 2014 corrected ruling, the Ninth Circuit Court of Appeals addressed a Nevada prison policy that denies prisoners with one good eye medical …
$71,000 Settlement in Iowa Prisoner’s Sexual Harassment Claim by David Reutter $71,000 Settlement in Iowa Prisoner’s Sexual Harassment Claim by David M. Reutter A former Iowa prisoner received a $71,000 settlement after being sexually harassed at her prison job in a case that established prisoners have civil rights protections with …
Article • June 3, 2015 • from PLN June, 2015
Filed under: Judicial Misconduct
Judicial Misconduct Results in Mild Sanctions by Matthew Clarke Judicial Misconduct Results in Mild Sanctions by Matt Clarke In November 2011, the Texas Commission on Judicial Conduct (TCJC) temporarily suspended Aransas County Court-at-Law Judge William Adams after a 2004 video of Adams viciously beating his then-16-year-old daughter, Hillary, went viral. …
Dismissal of State-Created Danger Claim Reversed by David Reutter Dismissal of State-Created Danger Claim Reversed by David M. Reutter The Third Circuit Court of Appeals reversed a district court’s order dismissing a civil rights action that alleged the disclosure of a confidential informant’s status established a state-created danger in violation …
Nebraska Court Awards Prisoner $267,000 in Failure to Protect Suit by David Reutter Nebraska Court Awards Prisoner $267,000 in Failure to Protect Suit by David M. Reutter Following a bench trial, a Nebraska state court found prison officials were aware of threats to prisoner James M. Saylor but failed to …
Article • June 3, 2015 • from PLN June, 2015
Filed under: Sewage, Clean Water Act
$266,653 Judgment in Lawsuit Challenging Alabama Prison’s Improper Sewage Discharge by David Reutter $266,653 Judgment in Lawsuit Challenging Alabama Prison’s Improper Sewage Discharge by David Reutter Following a settlement agreement between Black Warrior Riverkeeper (Riverkeeper) and Alabama Utility Services (AUS), a judgment was entered in a lawsuit that alleged the …
Article • June 3, 2015 • from PLN June, 2015
Filed under: Attorney Client, Legal Mail
Oregon: No Presumed Prejudice for Violation of Attorney-Client Communication by Mark Wilson Oregon: No Presumed Prejudice for Violation of Attorney-Client Communication by Mark Wilson On August 20, 2014, the Oregon Court of Appeals upheld a lower court’s refusal to dismiss criminal charges against a defendant because a detective had read …
New Report Cites Improvements at Troubled Ohio Prison by New Report Cites Improvements at Troubled Ohio Prison Prisoner-on-staff assaults at the Toledo Correctional Institution (TOCI) in Ohio continued to rise in fiscal year 2014, but a recent report from a state inspection team indicates the facility has made improvements in …
“American Taliban” Wins Injunction Against BOP Religious Worship Restrictions by Derek Gilna “American Taliban” Wins Injunction Against BOP Religious Worship Restrictions by Derek Gilna Federal prisoner John Walker Lindh, better known as the “American Taliban,” who pleaded guilty to fighting for the Taliban in Afghanistan and carrying an explosive during …
Article • June 3, 2015 • from PLN June, 2015
Filed under: Good Time
Ninth Circuit: BOP Improperly Denied RDAP Sentence Reduction; Remedy may be Reduced Supervised Release Term by Mark Wilson Ninth Circuit: BOP Improperly Denied RDAP Sentence Reduction; Remedy may be Reduced Supervised Release Term by Mark Wilson The Ninth Circuit Court of Appeals held on October 27, 2014 that the federal …
Article • June 3, 2015 • from PLN June, 2015
Denial of Time Served Credit Violates Vermont Law by Mark Wilson Denial of Time Served Credit Violates Vermont Law by Mark Wilson On August 29, 2014, the Vermont Supreme Court held that an amended sentencing order denying time served credit violated state law. In June 2013, Roger Perry pleaded no …
Palestinian Prisoners in Israeli Jails Smuggle Sperm to Impregnate Wives by Palestinian Prisoners in Israeli Jails Smuggle Sperm to Impregnate Wives by Matt Clarke Authorities in Israel concede there is little they can do to stop a growing practice among Palestinian prisoners: smuggling their sperm out of prison in order …
Article • June 3, 2015 • from PLN June, 2015
Filed under: Medical Expenses
Ex-Con Seeks Return to Prison for Medical Treatment by Ex-Con Seeks Return to Prison for Medical Treatment In a depressing commentary on the availability of health care in the United States, a former federal prisoner got himself arrested so he could receive treatment for his leukemia. Although a judge declined …
Article • June 3, 2015 • from PLN June, 2015
Is Redemption Possible for Former Prisoners? by Is Redemption Possible for Former Prisoners? The three women who were kidnapped and held hostage by Ariel Castro in a “house of horrors” in Cleveland, Ohio – tortured and sexually abused for roughly a decade – have been repeatedly praised for their strength …
Grand Jury Investigates Santa Cruz County Jail Deaths by N.H. Putnam Grand Jury Investigates Santa Cruz County Jail Deaths by N.H. Putnam, Sin Barras Santa Cruz County, California is seen by many as a model for enlightened jail policies. But in May 2014 the Santa Cruz County Grand Jury released …
Article • June 3, 2015 • from PLN June, 2015
New Jersey Pre-trial Detainee’s Mysterious Death Results in $650,000 Settlement by David Reutter New Jersey Pre-trial Detainee’s Mysterious Death Results in $650,000 Settlement by David M. Reutter $650,000 settlement was reached in a lawsuit filed by the estate of a prisoner who died at the Cumberland County Jail (CCJ) in …
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