Virginia Parole Board Changes “Three-Strikes” Interpretation by David Reutter by David M. Reutter Virginia’s parole board is changing a policy under which the state’s “three-strikes” law was used to deny parole to 262 prisoners who previously had never been incarcerated before their current charges. The change came on the heels …
New Virginia Law Requires Oversight of Jail Deaths by As of May 2018, Virginia’s Board of Corrections (BOC) had counted 21 jail deaths in the state since the start of the year. But thanks to a new law passed in 2017, the BOC now has authority to review deaths in …
HRDC v. SW Virginia Regional Jail Authority; U.S.D.C. (W.D. VA) Case Number: 1:18-cv-00013-JPJ-PMS; OPINION AND ORDER granting Motion for Preliminary Injunction. Signed by Judge James P. Jones on 7/3/2018 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ABINGDON DIVISION HUMAN RIGHTS DEFENSE CENTER, Plaintiff, v. SOUTHWEST …
Retaliatory “Rough Ride” by Prison Guards States Eighth Amendment Claim by David Reutter by David Reutter The Fourth Circuit Court of Appeals held that a Virginia state prisoner had stated a claim for violation of his constitutional rights when guards gave him a “rough ride” in a prison van in …
Virginia Federal Court Holds Nation of Gods and Earth is a Religion by A federal district court has ordered the Virginia Department of Corrections (VDOC) to remove the security threat group designation from the Nation of Gods and Earth (NGE), “recognize it as a religion, and afford it the rights …
PLN Censorship Suit Against Virginia Jail Headed to Trial by A lawsuit filed by Prison Legal News against censorship practices at the Northwest Regional Adult Detention Center (NWADC) in Winchester, Virginia has been scheduled for a jury trial later this year. The suit will proceed with NWADC and Superintendent James …
Kovari v. U.S. Prisoner Transport and John Does, injuries during transport, complaint, 2018 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA HARRISONBURG DIVISION 4/24/2018 S/J.Vasquez EDWARD KOVARI, Plaintiff, v. BREVARD EXTRADITIONS, LLC, d/b/a U.S. PRISONER TRANSPORT; PRISONER TRANSPORTATION SERVICES OF AMERICA, LLC; PRISONER TRANSPORTATION SERVICES, LLC; …
U.S. v. Wooden, ruling, removal of pedophilic-disorder diagnosis, 2018 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7607 UNITED STATES OF AMERICA, Petitioner - Appellant, v. WALTER WOODEN, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. …
Prisons and Jails Impose More Restrictions on Mail, Visits to Curtail Contraband by Matthew Clarke by Matt Clarke Citing a need to stop the smuggling of drugs and other contraband, some prisons and jails have placed new and stringent restrictions on both prisoner mail and visitation. Beginning in April 2017, …
$125,000 Settlement After Failure to Protect Verdict in Virginia by Following a July 2017 federal jury verdict that found guards had failed to protect a prisoner from an attack by another detainee at the West Virginia Regional Jail (WVRJ), the parties agreed to settle the case for $125,000. The suit …
Virginia Prisoner’s Name Change Request for Religious Purpose Requires Hearing by On August 17, 2017, the Virginia Supreme Court ruled a circuit court had abused its discretion in dismissing a prisoner’s application for a name change based upon religious reasons. The Supreme Court held that a religious reason for a …
Fourth Circuit Vacates Sua Sponte Dismissal Due to Non-exhaustion by The Fourth Circuit Court of Appeals has vacated a district court’s sua sponte dismissal of a prisoner’s lawsuit for failure to exhaust available administrative remedies. The Virginia Department of Corrections’ (VDOC) grievance procedure requires prisoners to first submit an informal …
Adams v. Ferguson, et al., VA, opinion, qualified immunity, 2018 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-1484 ROXANNE ADAMS, Administrator of the Estate of Jamycheal M. Mitchell, Deceased, Plaintiff - Appellee, v. DEBRA K. FERGUSON, Licensed Clinical Psychologist, Defendant - Appellant, and NAPHCARE, INC.; NSEKENENE …
November v. Chesterfield County, VA, Settlement, Taser Burn and Injury, 2018 GENERAL RELEASE AND SETTLEMENT OF ALL CLAIMS TillS GENERAL RELEASE AND SETILEMENT OF ALL CLAIMS ("Release") is being made on this _day ofMarch, 2018, by MILES ZACHARY-COLE NOVEMBER (the undersigned), party ofthe first part, and the County of Chesterfield, …
ARA v. Commonwealth of Virginia, VA, Opinion, Expunging Felony Arrest Record, 2018 PRESENT: Lemons, C.J., Goodwyn, Mims, Powell, Kelsey, and McCullough, JJ., and Russell, S.J. A.R.A. 1 v. Record No. 170199 OPINION BY STEPHEN R. McCULLOUGH March 1, 2018 COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF THE CITY OF …
In re Watford, VA, Opinion, Evidence, 2018 PRESENT: All the Justices IN RE: ROY L. WATFORD, III Record No. 161187 OPINION BY JUSTICE CLEO E. POWELL March 1, 2018 UPON A PETITION FOR A WRIT OF ACTUAL INNOCENCE Roy L. Watford, III, (“Watford”) petitions this Court to grant a writ …
Porter v. Clarke, VA, Opinion, Death Row Conditions, 2018 Case 1:14-cv-01588-LMB-IDD Document 220 Filed 02/21/18 Page 1 of 37 PageID# 4031 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division THOMAS PORTER, et al., Plaintiffs, No. 1:14-cv-1588 (LMB/IDD) v. HAROLD W. CLARKE, et al., Defendants. …
Virginia: Undocumented Immigrant Receives $12,000 Settlement for Overdetention by David Reutter by David M. Reutter In May 2017, the sheriff’s office in Henrico County, Virginia entered into a $12,000 settlement to resolve a lawsuit alleging an undocumented immigrant was held in jail beyond his scheduled release date. Following his arrest …
$8.4 Million Judgment in Defamation Suit by Christopher Zoukis by Christopher Zoukis A retired Army colonel who was denied a promotion due to a rape accusation has been awarded $8.4 million in a defamation lawsuit filed against his accuser. Col. David “Wil” Riggins, a highly-decorated veteran of both Iraq and …
Virginia Mentally-Ill Man’s Death by Deterioration in Jail Cell Exhibits Policy Failures by David Reutter by David M. Reutter The death of a mentally-ill Virginia man jailed on a misdemeanor and confined in isolation while awaiting transfer to a psychiatric hospital exhibits the folly of current policies in dealing with …
