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Nebraska: Portions of Lawsuit over Guard’s Sexual Assault Allowed to Proceed by Last year, the Nebraska Court of Appeals held a prisoner’s claim alleging an intentional tort related to a sexual assault by a guard was barred by the State Tort Claims Act (STCA), but claims of intentional and negligent …
Article • January 10, 2017 • from PLN January, 2017
BOP Prisoner’s FTCA Wage Suit States Cause of Action by In February 2016, the Eleventh Circuit Court of Appeals reversed a Florida district court’s order dismissing a prisoner’s Federal Tort Claims Act (FTCA) complaint that alleged a Bureau of Prisons (BOP) guard had withheld his wages. Before the Court was …
Three California Jail Guards Charged with Murdering One Prisoner, Assaulting Another by Christopher Zoukis Three California jail guards have been charged with assaulting and murdering a mentally ill prisoner after he was found unresponsive in his cell shortly after midnight on August 27, 2015. Santa Clara County jail deputies Jereh …
Two Fulton County Jail Employees Subject to Liability in Detainee’s Suicide by A Georgia Court of Appeals held in March 2016 that two employees of the Fulton County Sheriff’s Office could be held liable in the suicide of a pre-trial detainee. The ruling came in a lawsuit brought by the …
FCI Danbury Prisoners Finally Transferred to New Women’s Facility by Three years after a “temporary” move from FCI Danbury in Connecticut, over 100 women prisoners found themselves incarcerated in a Brooklyn jail instead of a promised new federal facility. The women were told the move, which occurred after Danbury was …
Mississippi: Hinds County Jails in Crisis, Face Mandated Reforms by David Reutter The U.S. Department of Justice (DOJ) issued a letter in May 2015 that described the findings of an investigation which concluded two jails in Hinds County, Mississippi were violating prisoners’ rights. The county has since entered into a …
Report Finds Charging Criminal Justice Fees Perpetuates Mass Incarceration by Matthew Clarke The Brennan Center for Justice at New York University’s School of Law released a report in May 2015 titled, “Charging Inmates Perpetuates Mass Incarceration.” Mass incarceration refers to the fact that the United States, which has around 5% …
Shackled South African Prisoner Beaten by GEO Guards Wins Lawsuit by Derek Gilna In May 2016, private prison firm The GEO Group, which operates the maximum-security Louis Kutama Sinthumule Correctional Centre in Louis Trichard, South Africa, lost a lawsuit that alleged the company’s guards beat a prisoner while he was …
$325,002 Award to Michigan Prisoner Denied Medical Care for Joint Pain by A federal jury has awarded $325,002 to a prisoner upon finding Michigan Department of Corrections (MDOC) staff were deliberately indifferent to his chronic joint pain. State prisoner Temujin Kensu, 52, suffered for over two decades with medical issues …
Second Circuit Expands Protections from Sexual Abuse by Prison Staff by Derek Gilna In an October 7, 2015 corrected ruling, the U.S. Court of Appeals for the Second Circuit reversed a district court’s dismissal of a lawsuit filed by two New York state prisoners alleging they had been sexually abused …
Tennessee Sheriff Indicted, Suspended and Jailed Over E-cig Business by Tennessee’s Rutherford County Sheriff has been indicted and is presently incarcerated, awaiting trial on charges related to his connections with a company that sold e-cigarettes to prisoners at his jail, as well as other contracts he entered into without county …
Michigan Jail Subject of Wrongful Death Lawsuit and PLN Censorship Suit by The family of a prisoner who died from drug withdrawal symptoms at Michigan’s Macomb County Jail (MCJ) filed a lawsuit against the facility and its private medical contractor, Correct Care Solutions, in March 2015. On June 11, 2014, …
Continued Need for Prison and Criminal Justice Reforms by Advocates for prisoners’ rights and criminal justice reform have never forgotten the September 1971 uprising at the Attica Correctional Facility in New York, which resulted in the deaths of 33 prisoners and 10 employees. The institutionalized brutality at Attica, which led …
NTSB Faults Texas Prison Guard, Road Crews in Transport Bus Deaths by Derek Gilna The federal National Transportation Safety Board (NTSB) recently investigated and issued a final report concerning a 2015 prison transport bus accident that claimed the lives of eight prisoners and two guards. The report faulted both the …
California County Settles Class-action Lawsuit Over Jail Medical and Mental Health Care by Matthew Clarke In November 2015, Riverside County, California agreed to settle a federal class-action civil rights suit brought by current and former county jail prisoners who alleged violations of their constitutional right to adequate medical and mental …
Lewis v. Cain, LA, Memo in Support of Motion, Systemic Medical Neglect, 2017 Case 3:15-cv-00318-BAJ-RLB Document 192-1 01/06/17 Page 1 of 21 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA JOSEPH LEWIS, JR., KENTRELL PARKER, FARRELL SAMPIER, REGINALD GEORGE, JOHN TONUBBEE, OTTO BARRERA, CLYDE CARTER, CEDRIC EVANS, EDWARD GIOVANNI, RICKY …
Publication • January 4, 2017
Correcting Food Policy in Washington Prisons, Prison Voice Washington, 2016 This report describes how the unhealthy food served and sold to people incarcerated in state prisons directly violates the state’s Healthy Nutrition Guidelines and will lead to costly health care expenditures on preventable diseases, in violation of Executive Order 13-06. …
Improper Analysis of Sovereign Immunity Defense Requires Remand in Georgia Negligence Claim by The Georgia Supreme Court vacated the rulings of two lower courts because they failed to apply the proper legal analysis in deciding the application of sovereign immunity. The matter before the court came on a petition for …
Vera Institute for Justice Reports Tracks Prisoner Increase from 1970 to 2014 by Derek Gilna The Vera Institute for Justice, a non-profit research organization, has completed an ambitious aggregation and analysis of the county-by-county increase in incarceration from 1970 to 2014.  Starting with figures provided by the Department of Justice's …
Brief • January 3, 2017
Abu-Jamal v. Wetzel, PA, Memorandum Opinion, Inmate Treatment of Hepatitis C, 2017 Case 3:16-cv-02000-RDM Document 23 Filed 01/03/17 Page 1 of 44 THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MUMIA ABU·JAMAL, Plaintiff, v. 3:16·CV·2000 (JUDGE MARIANI) JOHN WETZEL, et aI., Defendants. MEMORANDUM OPINION I. INTRODUCTION &PROCEDURAL …
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