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West Virginia High Court Decides Medical Practice Liability Act Not Applicable to Prison System by David Reutter by David M. Reutter In June 8, 2023, the Supreme Court of Appeals of West Virginia held that the Medical Professional Liability Act (MPLA), W. Va. Code §§ 55-7B-1 to 12, does not apply …
Article • January 1, 2024 • from PLN January, 2024
Seventh Circuit Slams Illinois Civil Commitment Program but Reverses Injunction by “Very weighty interests are at stake when a state institutes a program of civil commitment for sex offenders who, though never tried for or convicted of a crime, are found too dangerous for release.” So began a ruling by …
Eighth Circuit Says Arkansas Prisoner’s Medical Incapacity May Excuse PLRA Exhaustion Failure by As often reported in PLN, the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, imposes numerous requirements on incarcerated litigants—including exhaustion of administrative remedies before filing a lawsuit, by first filing a grievance and seeing it completely …
Nevada Prisoner Wins Injunction Requiring DOC to Provide Exercise Despite Guard Shortage by by Matt Clarke On June 6, 2023, Judge Cristina D. Silva of the federal court for the District of Nevada renewed a preliminary injunction she issued on March 3, 2023, ordering state prison officials to provide prisoner …
Hear Us Now? Hearing Impaired Tennessee Prisoners Secure Injunction by Under the Americans with Disabilities Act (ADA), 42 U.S.C. ch.126 § 12101 et seq., and the Rehabilitation Act, 29 U.S.C. § 701 et seq., prisoners who are deaf or hard of hearing are entitled to reasonable accommodations so they can communicate and …
Brief • December 21, 2023
HRDC v. Maine County Commissioners Risk Management, ME, Order, Public Records, 2023 STATE OF MAINE KENNEBEC, ss. SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-21-131 HUMAN RIGHTS DEFENSE CENTER, ) ) ) ) Plaintiff, ) ORDER V. MAINE COUNTY COMMISSIONERS ASSOCIATION SELF-FUNDED RISK MANAGEMENT POOL, Defendant ) ) ) ) ) …
Brief • December 20, 2023
McDugle v. Hicks, OK, Petition for Relief, Denial of Public Records, 2023 PJLe.D DISTRICT couk,RT Gtegh1n1 County, o a. IN THE DISTRICT COURT OF STEPHENS COUNTY STATE OF OKLAHOMA KEVIN McDUGLE and JUSTIN HUMPHREY, as individuals DEC ZD .ffll MILODV HARPER Court Clerk ) ) ) Plaintiffs, vs. JASON HICKS, …
Article • December 1, 2023 • from PLN December, 2023
Class Certified in Suit Alleging Overuse of Solitary Confinement in New York Prisons by Matthew Clarke by Matt Clarke On September 11, 2023, class-action status was granted to a suit filed the previous April against the New York Department of Corrections and Community Supervision (DOCCS), accusing the prison agency of …
Article • December 1, 2023 • from PLN December, 2023
$20,000 Paid to Florida Prisoner After Eleventh Circuit Finds PLRA Inapplicable to Claims DOC Removed to Federal Court by David Reutter by David M. Reutter On May 17, 2023, the U.S. Court of Appeals for the Eleventh Circuit held that the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997 e, …
Tennessee Extends CoreCivic Contract Despite Deaths, Almost $18 Million in Fines by In a three-minute meeting on May 31, 2023, the State Building Commission of Tennessee approved a request from the Department of Correction (DOC) for budget revision, funding, and amendment to the existing CoreCivic contract to operate South Central …
Article • December 1, 2023 • from PLN December, 2023
In Suit Over Moldy Cells Causing Fungal Infection, Illinois Warden Denied Summary Judgment Wins Anyway by Matthew Clarke by Matt Clarke On May 19, 2023, the federal court for the Southern District of Illinois denied a state prison warden’s motion for summary judgment in a federal civil rights lawsuit over …
Article • December 1, 2023 • from PLN December, 2023
Filed under: Grievances, Dismissal
Seventh Circuit Revives Indiana Prisoner’s Claim Over Dismissed Grievance by David Reutter by David M. Reutter On May 4, 2023, the U.S. Court of appeals for the Seventh Circuit reversed the grant of summary judgment against a federal prisoner in Indiana who claimed he was subjected to a physical assault …
Article • December 1, 2023 • from PLN December, 2023
Filed under: Settlements
After SCOTUS Resolves Circuit Split, Maryland Guard Loses Appeal to Prisoner’s $700,000 Verdict by David Reutter by David M. Reutter On May 25, 2023, the Supreme Court of the United States (SCOTUS) held that a post-trial motion is required only to preserve findings of fact for appellate review—not a purely …
Article • December 1, 2023 • from PLN December, 2023
Filed under: COVID-19, Consent Decrees
COVID-19 Consent Decree Terminated at Florida’s Broward County Jail by David Reutter by David M. Reutter On August 14, 2023, the federal court for the Southern District of Florida issued its latest ruling in a long-running case brought by detainees at the Broward County Jail exposed to a risk of …
Eleventh Circuit Says Florida Prisoner’s Dismissed Complaint Doesn’t Count as a “Strike” by David Reutter by David M. Reutter On May 11, 2023, the U.S. Court of Appeals for the Eleventh Circuit held that the moment a prisoner files a motion to dismiss his federal civil rights suit, a district …
Article • December 1, 2023 • from PLN December, 2023
$100,000 Settlement Reached With Corizon Health for Failure to Provide Arizona Prisoner Eye Care by On July 25, 2022, a settlement was reached between Corizon Health, Inc. and an Arizona prisoner to whom it allegedly denied eye care, resulting in partial vision loss. Under the agreement, the firm owes $100,000 …
After Winning $15,000 Settlement, California Trans Prisoner Forces CDCR to Replace Missing Trust Account Deposits by Douglas Ankney by Douglas Ankney On May 24, 2023, the Court of Appeal of California, Sixth Appellate District, issued a mandate commanding the California Department of Corrections and Rehabilitation (CDCR) to restore over $2,600 …
Indiana Settles Prisoner’s Retaliation Claim for $4,500 by On September 12, 2022, the state of Indiana reached a $4,500 settlement to resolve a state prisoner’s claim that guards confiscated his property without following prison procedure and then threatened retaliation when he filed grievances. Victor Karp was held at Correctional Industrial …
Article • December 1, 2023 • from PLN December, 2023
Ohio Supreme Court Grants Prisoner’s Mother Names of Fellow Prisoners Who Attacked Him by Douglas Ankney by Douglas Ankney On April 12, 2023, the Supreme Court of Ohio compelled the Mansfield Correctional Center (MCC) to provide to Amirah Sultaana the names and identification numbers of the prisoners who assaulted her …
Article • December 1, 2023 • from PLN December, 2023
$40,000 Paid to Ohio Detainee Kicked in the Face While Restrained by On March 1, 2023, the federal court for the Southern District of Ohio granted dismissal of a suit brought by a former Cincinnati jail detainee after she accepted a $40,000 settlement from the Hamilton County Board of County …
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