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Second Circuit Restores Qualified Immunity for Parole Commissioners Imposing Onerous Conditions for Prisoner’s Release by Keith Sanders by Keith Sanders On March 20, 2023, the U.S. Court of Appeals for the Second Circuit reversed a lower court’s denial of summary judgment to members of the New York Board of Parole …
Article • May 2, 2023
Three Guards Arrested in One Week at Chicago Jail by Chuck Sharman by Chuck Sharman Three guards at the Cook County Jail in Chicago were arrested in separate violent incidents during one week in April 2023. The jail recorded its seventh detainee death of the year the month before, one …
Publication • May 2, 2023
Filed under: Excessive Force
Office of Inspector General Nebraska-Use of Force Incident at Tecumseh State Correctional Institution-May 2023 OFFICE OF INSPECTOR GENERAL OF THE NEBRASKA CORRECTIONAL SYSTEM Use of Force Incident at Tecumseh State Correctional Institution SUMMARY OF INVESTIGATIVE REPORT MAY 2, 2023 Doug Koebernick, Inspector General Zach Pluhacek, Assistant Inspector General Contents Executive …
Ninth Circuit Upholds Order Vacating Conviction in Oregon Prison Director’s 1989 Murder; SCOTUS Declines Review by Mark Wilson by Mark Wilson On September 29, 2022, the U.S. Court of Appeals for the Ninth Circuit upheld a lower court’s decision to toss the murder conviction of Frank Gable, now 62, in …
Article • May 1, 2023 • from PLN May, 2023
Filed under: Malpractice, Settlements
$32,500 Medical Malpractice Award to Ohio Prisoner for Ripped-Out Catheter by Edward Lyon by Ed Lyon On February 28, 2022, Judge Patrick E. Sheeran of the Ohio Court of Claims approved a settlement under which the state Department of Rehabilitation and Correction (DRC) agreed to pay a prisoner $32,500 to …
Oklahoma County Pays $1.1 Million After Jail Guards Fatally Beat Detainee by Jacob Barrett by Jacob Barrett On September 1, 2022, the federal courtfor the Western District of Oklahoma granted dismissal to plaintiffs in a suit against Oklahoma County, after they agreed to a $1.1 million settlement in the death …
Article • May 1, 2023 • from PLN May, 2023
$4.25 Million Paid by King County for Two Jail Beatings By Improperly Housed Mentally Ill Detainees by Mark Wilson by Mark Wilson On March 29, 2022, the federal courtfor the Western District of Washington approved a $3 million settlement between King County and a mentally ill man who suffered a …
Article • May 1, 2023 • from PLN May, 2023
Arizona Prisoner Condemned Again for Cellmate’s Murder by Jayson Hawkins by Jayson Hawkins On April 17, 2023, Arizona prisoner Jasper Rushing, 43, was again sentenced to death for the grizzly murder of his cellmate. He was first condemned for the killing in 2015, but the state supreme court tossed that …
Article • May 1, 2023 • from PLN May, 2023
Eighth Circuit Affirms Over $278,000 Awarded to Minnesota Jail Detainee Held on Bad ICE Referral Policy by David Reutter by David M. Reutter On November 30, 2022, the U.S. Court of Appeals for the Eighth Circuit affirmed a $30,001 jury award and a fee award over $248,000 to a Minnesota …
Alaska Supreme Court Says Parole Challenge Must Be Sought via Post-Conviction Relief, Not Lawsuit by Mark Wilson by Mark Wilson On October 28, 2022, the Alaska Supreme Court held that a prisoner is required to challenge a discretionary parole decision in a post-conviction relief (PCR) action, rather than a civil …
Article • May 1, 2023 • from PLN May, 2023
Montana Pays $2,500 to Settle Prisoner’s Failure-to-Protect Claim by Mark Wilson by Mark Wilson On March 9, 2022, Montana prison officials paid $2,500 to settle a federal suit alleging that they failed to protect a state prisoner from a known threat of brutal beating by other prisoners. Andrew Yellowbear, Jr., …
Article • May 1, 2023 • from PLN May, 2023
Filed under: Census, Rural Prisons
Montana Becomes 13th State to End Prison Gerrymandering by Chuck Sharman   by Chuck Sharman On February 14, 2023, Montana joined a dozen other states to end prison gerrymandering, the practice of having census takers count prisoners where they are incarcerated, rather than in their hometowns. It is also the …
Article • May 1, 2023 • from PLN May, 2023
Fourth Circuit: No Civil Commitment at Release for Federal Prisoner in North Carolina Without Considering Conditions by Casey Bastian by Casey J. Bastian On November 17, 20222, the U.S. Court of Appeals for the Fourth Circuit stopped the federal Bureau of Prisons (BOP) from civilly committing a prisoner being released …
Article • May 1, 2023 • from PLN May, 2023
Filed under: News in Brief
News in Brief by Alabama: On March 26, 2023, a former state prison guard at Easterling Correctional Facility was arrested for taking bribes to smuggle contraband into the lockup. The Montgomery Advertiser reported that Quindarius Thagard, 27, was fired and charged with use of office for personal gain and promotion …
MTC Accused of Parole Programming Scam at Texas Prisons by Kevin Bliss by Kevin W. Bliss Utah-based Management and Training Corporation (MTC) faces allegations of breach of contract in Texas, where the private prison firm allegedly forced prisoners to sign for parole-required treatment and program time they were not in …
Article • May 1, 2023 • from PLN May, 2023
Condemned Tennessee Prisoner Wins Fight Against Autopsy by Harold Hempstead by Harold Hempstead On April 20, 2022, the federal court for the Middle District of Tennessee issued a highly unusal order enjoining the Davidson County medical examiner from performing an autopsy or collecting bodily fluids from a prisoner following his …
Article • May 1, 2023 • from PLN May, 2023
Prisoner’s Experience in Solitary Wins PEN America Writing Award by Jacob Barrett by Jacob Barrett Former prisoner Alex Tretbar won PEN America’s first-place award for poetry in September 2022 for his poem “Variations on an Undisclosed Location.” Tretbar, 33, penned the poem during his five-year incarceration with the Oregon Department …
Article • May 1, 2023 • from PLN May, 2023
Fifth Circuit Again Revives Muslim Texas Prisoner’s Suit Over Halal Meals Denied During Hurricane Evacuation by Matthew Clarke by Matt Clarke On July 22, 2022, the U.S. Court of Appeals for the Fifth Circuit held that a district court erred when it tossed a Muslim prisoner’s lawsuit over denial of …
Article • May 1, 2023 • from PLN May, 2023
Fourth Circuit Rejects Appeal of $700,000 Award to Maryland Prisoner Assaulted by Guards by David Reutter by David M. Reutter On January 13, 2023, the U.S. Supreme Court granted a writ of certiorari to the U.S. Court of Appeals for the Fourth Circuit to review its dismissal of an appeal …
Article • May 1, 2023 • from PLN May, 2023
Nebraska Pays $479,000 for Restrictive Housing Prisoner’s Murder While Double-Celled by Mark Wilson by Mark Wilson On May 10, 2022, the federal court for the District of Nebraska granted dismissal to the estate of a prisoner murdered by his cellmate, while the two were double-bunked despite being classified for restrictive …
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