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Article • April 2, 2018 • from PLN April, 2018
Alabama Supreme Court Holds Miller Entitled to Retroactivity by On August 25, 2017, the Alabama Supreme Court held the decision in Miller v. Alabama, 132 S.Ct. 2455 (2012), which prohibits mandatory life-without-parole sentences for juvenile offenders, was “a substantive rule that is retroactive in cases on collateral review.” That ruling …
Article • March 6, 2018 • from PLN March, 2018
Alabama Sheriff Fights to Keep Extra Funds Meant to Feed Prisoners by After being held in contempt, the sheriff in Morgan County, Alabama has obtained approval from a federal judge to let her keep any proceeds left over in her jail’s food fund. While a controversial 1939 state law has …
Brief • January 1, 2018
Parrish v. Dunn, AL, Writ of Mandamus Petition, Excessive Force-Baton, 2018 Rel: January 12, 2018 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 …
Article • December 27, 2017
Eleventh Circuit Defers to Alabama DOC on Short Hair Requirement by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eleventh Circuit ruled against a class of prisoners who challenged the Alabama Department of Corrections (ADOC) hair-length policy as a violation of the Religious Land Use …
Article • December 22, 2017
Filed under: Suicides
Alabama DOC Agrees to Implement Suicide Prevention Measures by David Reutter by David Reutter The Alabama Department of Corrections (ADOC) agreed to an interim settlement in a class action lawsuit that requires it to implement suicide prevention measures. The agreement was approved on January 12, 2017, by the federal district …
Article • December 7, 2017
Alabama Prisoner Convicted of Kidnapping Minor Can be Labeled Sex Offender by David Reutter The Eleventh Circuit Court of Appeals held that an Alabama prisoner failed to state a claim against the Alabama Department of Corrections (ADOC), when he alleged that its application of a 2011 sex offender (S.O.) statute …
Article • December 7, 2017
$82,500 Damages to Detained American, Federal Judge Blasts ICE by Christopher Zoukis By Christopher Zoukis In a scathing opinion, Judge Jack B. Weinstein, Senior Judge of the United States District Court for the Eastern District of New York, awarded a wrongfully detained American citizen $82,500 in damages for false arrest …
Brief • November 7, 2017
US v. Davis, AL, Appeal, Enhanced Sentence-Firearm, 2017 Case: 16-10789 Date Filed: 11/07/2017 Page: 1 of 26 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-10789 ________________________ D.C. Docket No. 1:15-cr-00158-CG-B-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TERRANCE TYRONE DAVIS, Defendant-Appellant. ________________________ Appeal from …
Alabama DOC: Partial Settlement on ADA, Mental Health Claims; $1 Million in Attorney Fees Awarded by David Reutter by David M. Reutter The Alabama Department of Corrections (ADOC) has agreed to a partial settlement to ensure prisoners with disabilities receive treatment and services under the Americans with Disabilities Act (ADA). …
Rice v. Madison County, AL, Amended Complaint, Shower Extraction Beating, 2017 FILED Case 5:17-cv-01358-UJH-VEH Document 5 Filed 11/06/17 Page 1 of 15 2017 Nov-06 PM 03:08 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION HARAESHEO RICE, Plaintiff, v. …
Brief • November 6, 2017
Dunn v. Madison, US, Certiorari Petition, Capital Punishment, 2017 Cite as: 583 U. S. ____ (2017) 1 Per Curiam SUPREME COURT OF THE UNITED STATES JEFFERSON DUNN, COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS v. VERNON MADISON ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE …
Article • October 10, 2017 • from PLN October, 2017
Prisoner Labor Focus of Controversy in Texas, Alabama by David Reutter by David Reutter The use of prisoner labor and poor prison conditions are behind calls for action in Texas and Alabama, and have led to concerns over the use of prison labor nationwide. Most people believe slavery was abolished …
Brief • September 1, 2017
Grayson v. Warden, AL, Opinion, Midazolam Lethal Injection, 2017 Case: 16-16876 Date Filed: 09/01/2017 Page: 1 of 79 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-16876 ________________________ D.C. Docket Nos. 2:12-cv-00316-WKW-CSC, 2:13-cv-00781-WKW-CSC CAREY DALE GRAYSON, et al 2:12-cv-00316 Plaintiffs, versus WARDEN, COMMISSIONER, ALABAMA …
Article • August 30, 2017 • from PLN September, 2017
Filed under: Due Process
Prison Mailbox Rule Applies to Alabama Sentence Reconsideration Motions by The Alabama Supreme Court held last year that the prison mailbox rule applies to a motion for sentence reconsideration under former state law. Alabama Code § 13A-5-9.1 authorized the filing of a motion for sentence reconsideration, but the state legislature …
Article • August 10, 2017
Filed under: Smoking, Commissary
Jails Market E-Cigarettes to Detainees to Generate Revenue by Mark Wilson by Mark Wilson Prisons and jails across the country went tobacco-free years ago, to avoid second-hand smoke lawsuits and rising medical care costs. Now, impoverished jails are selling prisoners e- cigarettes, in hopes of profiting off their addiction. “Hope …
Article • July 20, 2017
Alabama’s Culture of Prisoner Abuse Reaches to the Top by David Reutter by David Reutter Alabama’s prison system has such an engrained culture of abusing prisoners that guards and administrators need not fear serious career consequences; in fact, they can expect to be promoted with abuse flags in their files. …
Article • June 30, 2017 • from PLN July, 2017
Filed under: Medication, Death Penalty
Eleventh Circuit Rejects Condemned Prisoner’s Challenge to Lethal Injection Drug by Christopher Zoukis by Christopher Zoukis On November 2, 2016, the Eleventh Circuit upheld a district court’s denial of death row prisoner Thomas D. Arthur’s challenge to the use of the drug midazolam in the lethal injection protocol used by …
Article • June 30, 2017 • from PLN July, 2017
Summary Judgment in Favor of Alabama Prison Officials Reversed; Writ of Mandamus Denied by Christopher Zoukis by Christopher Zoukis On September 16, 2016, the Court of Civil Appeals of Alabama reversed an order by the Montgomery Circuit Court granting summary judgment in favor of state prison officials in a lawsuit …
Braggs v. Dunn, AL, Opinion and Order, 2017 Case 2:14-cv-00601-MHT-TFM Document 1285 Filed 06/27/17 Page 1 of 302 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION EDWARD BRAGGS, et al., Plaintiffs, v. JEFFERSON S. DUNN, in his official capacity as Commissioner of …
Brief • June 16, 2017
Maynor v. Morgan County, AL, Order re Civil Contempt, Inmate Fund Misappropriation, 2017 FILED Case 5:01-cv-00851-AKK Document 169 Filed 06/15/17 Page 1 of 4 2017 Jun-15 AM 08:56 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION JOHNNY MAYNOR, et al., …
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