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Arizona Privatizes Health Care in State Prison System
Article • May 15, 2012 • from PLN May, 2012
Filed under: Systemic Medical Neglect, Private Contractors, News, State Legislation
Arizona Privatizes Health Care in State Prison System by On April 27, 2011, Arizona Governor Jan Brewer signed into law House Bill 2154, which resulted in the privatization of medical care for prisoners in the Arizona Department of Corrections (ADC). The move comes three years after ADC’s food services were …
Juvenile Facility Guard’s Bigamous Marriage Complicates Death Benefits
Article • May 15, 2012 • from PLN May, 2012
Filed under: Family, Family Law
Juvenile Facility Guard’s Bigamous Marriage Complicates Death Benefits by Following the death of a guard at a Cleveland, Ohio juvenile detention center, the Public Safety Officers’ Benefits program (PSOB), which provides payments to the families of law enforcement officers killed in the line of duty, made an award of $157,873 …
California Settles Suit over Damage to Prisoner's Medical Prostheses
Article • May 15, 2012
Filed under: Retaliation for Filing Grievances, Retaliatory Discipline, Money/Property, Prisoner Property
California Settles Suit over Damage to Prisoner's Medical Prostheses by Larry Edwards, a California state prisoner filed a federal civil rights action after a guard at the California State Prison-Solano allegedly damaged his medical brace and glasses and then, along with other guards, threatened him with retaliatory disciplinary action and …
Colorado Court Rejects Prisoner Claim of BOP Mistreatment
Article • May 15, 2012
Filed under: Classification, Transfers, Hepatitis
Colorado Court Rejects Prisoner Claim of BOP Mistreatment by A Colorado prisoner's Fifth and Eighth Amendment claims against the Bureau of Prisons (BOP), have been dismissed by Judge Philip A. Brimmer of U.S. District Court for the District of Colorado. Prisoner Thomas Silverstein was sentenced in 1978 and started serving …
Court Compels Discovery in Pennsylvania MRSA Death Case
Article • May 15, 2012
Filed under: Medical Records, Civil Procedure, Disclosure of Records, Discovery, Medical Neglect/Malpractice
Court Compels Discovery in Pennsylvania MRSA Death Case by In a federal action stemming from the MRSA and/or staph infection related deaths of two Allegheny County Jail prisoners, a Pennsylvania federal court granted Plaintiff's motion to compel discovery from Allegheny County Health Services, Inc. The court rejected Defendants' blanket claim …
8th Circuit Court of Appeals Dismisses Missouri Jail Failure to Protect and Medical Neglect Case
Article • May 15, 2012
Filed under: Injury -- Misc., Dental Care, Failure to Protect (General), Qualified Immunity, Protective Custody, Informants (Failure to Protect)
8th Circuit Court of Appeals Dismisses Missouri Jail Failure to Protect and Medical Neglect Case by On December 23, 2008, William Holden filed a 42 U.S.C. § 1983 claim against guards in the Marion County, Missouri Jail alleging failure to protect and failure to provide adequate medical treatment. This claim …
8th Circuit Rules on Nebraska Prison’s Denial of Religious Publication and Jewelry
Article • May 15, 2012
Filed under: Mail Regulations, Censorship, Religious Freedom, Religious Property
8th Circuit Rules on Nebraska Prison’s Denial of Religious Publication and Jewelry by Petitioner Curtis Eugene Rowland, a prisoner at the Pen Unit of the Nebraska Penal and Correctional Complex brought two separate civil rights actions against prison officials in 197l. His § 1983 claim regarding denial of mail was …
10th Circuit Weighs 1st Amendment Rights for Muslim Prisoners
Article • May 15, 2012
Filed under: Mail, Publications/Books, Censorship, Religious Diet, Denial of Religious Services, Religious Property, Clergy
10th Circuit Weighs 1st Amendment Rights for Muslim Prisoners by The Tenth Circuit Court of Appeals in March, 1972, reversed and remanded a § 1983 complaint wherein Petitioner alleged certain religious liberties, violations, and mail issues. Prior to the instant action, Petitioner Eddie Hoggro brought his cause before the U.S. …
DC Prisoner's False Imprisonment Claims Survive Summary Judgment
Article • May 15, 2012
Filed under: Escapes, Sentencing, Wrongful Imprisonment, Federal Tort Claims Act, Qualified Immunity
DC Prisoner's False Imprisonment Claims Survive Summary Judgment by A federal court in the District of Columbia (DC) refused to dismiss a former prisoner's claims that she was improperly confined 149 days past her sentence expiration date. On December 15, 2005, Eloise Wormley was sentenced to 12 months in prison, …
Death Caused by Speeding Arizona Cop Nets $1.35 Million
Article • May 15, 2012
Filed under: Misconduct/Corruption, Police Misconduct, Accidents, Police--Excessive Force, Police Chases
Death Caused by Speeding Arizona Cop Nets $1.35 Million by Tempe, Arizona officials paid $1.35 million to settle a suit brought by the parents of a college student who was killed in a collision with a police officer. At 2 a.m. on November 26, 2005, Tempe police officer William Cullins …
Doctors Who Participate in Executions Not Disciplined for Ethical Violations
Article • May 15, 2012
Filed under: Death Penalty/Death Row, Death Penalty
Doctors Who Participate in Executions Not Disciplined for Ethical Violations by Matthew Clarke By Matt Clarke Since 1980, American Medical Association (AMA) policy has stated that it is a clear violation of medical ethics for physicians to participate in executions. The policy, which was last updated in 2005, contains a …
New York District Court Rules Jail Prisoners Entitled to Newspaper Access
Article • May 15, 2012
Filed under: Mail, Publications/Books, Mail Regulations, Censorship
New York District Court Rules Jail Prisoners Entitled to Newspaper Access by Relying on extensive case law, the U.S. District Court, Eastern District of New York, held that Suffolk County Jail offered no reasonable basis for total restriction on prisoner’s access to newspapers. Petitioner also alleged denial of effective medical …
9th Circuit Grants Public Access to Search Warrant Records
Article • May 15, 2012
Filed under: Searches, Police Searches, Disclosure of Records, Freedom of Information Act
9th Circuit Grants Public Access to Search Warrant Records by The U.S. Court of Appeals for the Ninth Circuit has overturned a District of Montana decision and granted unlimited access to search warrant records of a City of Garryowen business owner, whom the federal government investigated but declined to prosecute. …
9th Circuit Rejects Prisoner Self-Defense Theory in Assault with Shank
Article • May 15, 2012
Filed under: Confrontation, Crime/Demographics, Criminal Prosecution, Failure to Protect (General), Expert Witnesses
9th Circuit Rejects Prisoner Self-Defense Theory in Assault with Shank by Derek Gilna By Derek Gilna The U.S. Appeals Court for the 9th Circuit has declined to permit prisoner Lenny Urena from asserting "self-defense" in his trial for assault with a dangerous weapon against a fellow prisoner. The Court also …
$1,000 for Ohio Public Record Destruction; Party Must Intend to Obtain Record to Collect
Article • May 15, 2012
Filed under: Civil Procedure, State Law Claims, Disclosure of Records, Freedom of Information Act, State Legislation
$1,000 for Ohio Public Record Destruction; Party Must Intend to Obtain Record to Collect by The Ohio Supreme Court held that a party may not prevail on a suit for destruction of public records unless they actually intend to obtain the records in question. In July, 2007, Timothy Rhodes made …
Alabama Condemned Prisoner Commits Suicide with Unknown Object
Article • May 15, 2012
Filed under: Death Row, Mental Health, Suicides
Alabama Condemned Prisoner Commits Suicide with Unknown Object by An Alabama prisoner on death row killed himself with an unknown object. In 2005, Jason Jones, 29, was convicted of the 2004 beating and stabbing deaths of his parents, Nancy and Dr. Tim Jones, in their Monroeville, Alabama residence. "I am …
Appeals Court Reverses Summary Judgment in Malicious Prosecution and Evidence Concealment Case against Boston Police Department
Article • May 15, 2012
Filed under: Police Misconduct, Disciplinary Hearings, Malicious Prosecution, Disclosure of Records, Discovery, Wrongful Conviction, Wrongful Imprisonment, Qualified Immunity, Municipal Liability, Failure to Train/Supervise
Appeals Court Reverses Summary Judgment in Malicious Prosecution and Evidence Concealment Case against Boston Police Department by Derek Gilna By Derek Gilna In a well-reasoned opinion, the U.S. Court of Appeals for the First Circuit has permitted a Section 1983 action against the Boston Police Department (BPD) to continue. James …
Arkansas Supreme Court Addresses Forma Pauperis Motion for Copy of Transcript
Article • May 15, 2012
Filed under: Photocopies, Civil Procedure, Disclosure of Records, Appeals, Filing Fees
Arkansas Supreme Court Addresses Forma Pauperis Motion for Copy of Transcript by In a per curiam opinion, the Supreme Court of Arkansas denied a petitioner’s pro se motion for use of transcript of the appeal of his 1992 conviction for rape and subsequent life sentence. The court treated petitioner’s motion …
Army Scientist Paid $5.8 Million to Settle Anthrax Accusations Defamation Suit
Article • May 15, 2012
Filed under: Prosecutor/Attorney General Misconduct, Privacy Act, Media
Army Scientist Paid $5.8 Million to Settle Anthrax Accusations Defamation Suit by In 2002, then-Attorney General John Ashcroft called Army scientist Steven Hatfill a "person of interest" in a deadly 2001 anthrax mailing case. Six years later, the United States Department of Justice (DOJ) paid Hatfill $5.8 million to settle …
Lying about Possessing a Weapon upon Arrest Booking Violates California Law; Does Not Implicate Fifth Amendment
Article • May 15, 2012
Filed under: Self Incrimination, Searches, Arrestee Searches, Police Searches, Criminal Prosecution
Lying about Possessing a Weapon upon Arrest Booking Violates California Law; Does Not Implicate Fifth Amendment by The California Court of Appeals held that an arrestee who lies to jail booking officers about possessing a weapon violates a law prohibiting introduction of a weapon into a jail. The court also …
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