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Florida Court of Appeals: Prison Guards Can Raise “Stand Your Ground” Defense
Article • January 10, 2015 • from PLN January, 2015
Filed under: Guards/Staff, Assaults on Staff
Florida Court of Appeals: Prison Guards Can Raise “Stand Your Ground” Defense by Matthew Clarke Florida Court of Appeals: Prison Guards Can Raise “Stand Your Ground” Defense by Matt Clarke On March 28, 2014, a Florida Court of Appeals held that a former Department of Corrections guard charged with aggravated …
Fifth Circuit: Sleep Deprivation May Violate Eighth Amendment
Article • January 10, 2015 • from PLN January, 2015
Filed under: Eighth Amendment, Lighting
Fifth Circuit: Sleep Deprivation May Violate Eighth Amendment by Matthew Clarke Fifth Circuit: Sleep Deprivation May Violate Eighth Amendment by Matt Clarke In an unpublished ruling, the Fifth Circuit held on April 1, 2014 that a Texas prisoner’s sleep deprivation-based challenge to the security schedule used by the Texas Department …
West Virginia Public Defender Disbarred for Child Prostitution “Hoax”
Article • January 10, 2015 • from PLN January, 2015
Filed under: Attorney Misconduct, Public Defenders
West Virginia Public Defender Disbarred for Child Prostitution “Hoax” by West Virginia Public Defender Disbarred for Child Prostitution “Hoax” A former West Virginia public defender has agreed to give up his license to practice law in the wake of a scandal involving allegations that he offered to sell children for …
$145,000 Settlement for U.S. Citizen Held on Immigration Detainer due to Racial Profiling
Article • January 10, 2015 • from PLN January, 2015
Filed under: Racial Discrimination, Wrongful Imprisonment, Immigration, False Arrest
$145,000 Settlement for U.S. Citizen Held on Immigration Detainer due to Racial Profiling by $145,000 Settlement for U.S. Citizen Held on Immigration Detainer due to Racial Profiling An American citizen who was racially profiled and held in jail on an immigration detainer has reached settlements totaling $145,000 with three government …
Prisoner’s Request for Medical Care after Signing Refusal Form Precludes Summary Judgment
Article • January 10, 2015 • from PLN January, 2015
Filed under: Vision, Failure to Treat, Summary Judgment
Prisoner’s Request for Medical Care after Signing Refusal Form Precludes Summary Judgment by David Reutter Prisoner’s Request for Medical Care after Signing Refusal Form Precludes Summary Judgment by David M. Reutter The Eleventh Circuit Court of Appeals has reversed a summary judgment order for the defendants in a former prisoner’s …
Investigation Finds that Money Stolen from Oregon Prison Wasn’t Really Stolen
Article • January 10, 2015 • from PLN January, 2015
Filed under: Trust Accounts, Commissary
Investigation Finds that Money Stolen from Oregon Prison Wasn’t Really Stolen by Joe Watson Investigation Finds that Money Stolen from Oregon Prison Wasn’t Really Stolen by Joe Watson An Oregon State Police investigation has revealed that money believed stolen from the Oregon State Correctional Institution (OSCI) was actually right where …
America’s Prisons: A Road to Nowhere
Article • January 10, 2015 • from PLN January, 2015
Filed under: Statistics/Trends, Cost of Prison Systems, Education, Rehabilitation/Recidivism, Collateral consequences of prison
America’s Prisons: A Road to Nowhere by Ben Notterman America’s Prisons: A Road to Nowhere by Ben Notterman Video of Henry McCollum’s release from a North Carolina prison in September 2014 shows the exonerated death row prisoner making his way through a crowd of excited onlookers and into his family’s …
RLUIPA Explained in Tenth Circuit Decision re Denial of Sweat Lodge Access
Article • January 10, 2015 • from PLN January, 2015
Filed under: RLUIPA, Religious Practices
RLUIPA Explained in Tenth Circuit Decision re Denial of Sweat Lodge Access by David Reutter RLUIPA Explained in Tenth Circuit Decision re Denial of Sweat Lodge Access by David M. Reutter On January 23, 2014, the Tenth Circuit reversed a grant of summary judgment to prison officials in a civil …
Consent Decree and Remedial Plan End Lawsuit Challenging Conditions in Illinois Juvenile Facilities
Article • January 10, 2015 • from PLN January, 2015
Filed under: Totality of Conditions, Eighth Amendment, Consent Decrees, Failure to Treat (Mental Illness), Failure to Protect (Juveniles), Education (Juveniles), Juvenile Prisons
Consent Decree and Remedial Plan End Lawsuit Challenging Conditions in Illinois Juvenile Facilities by Matthew Clarke Consent Decree and Remedial Plan End Lawsuit Challenging Conditions in Illinois Juvenile Facilities by Matt Clarke On September 12, 2012, the American Civil Liberties Union (ACLU) helped juvenile offenders held in secure facilities operated …
Tennessee Man Sues for Placement in Women’s Facility for Three Years
Article • January 10, 2015 • from PLN January, 2015
Filed under: Classification, Corrections Corporation of America/CoreCivic, Misconduct/Corruption, Failure to Protect (General), Transgender
Tennessee Man Sues for Placement in Women’s Facility for Three Years by Tennessee Man Sues for Placement in Women’s Facility for Three Years "How can you not tell a vagina from a penis?” asked Carla Brenner, aka Lamonda Fuller, a female impersonator who filed suit against the City of Nashville, …
Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment
Article • January 10, 2015 • from PLN January, 2015
Filed under: Restraints, Qualified Immunity, Failure to Treat (Mental Illness), Juvenile Prisons
Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment by Mark Wilson Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment by Mark Wilson On November 8, 2013, the Tenth Circuit Court of Appeals upheld the denial of qualified immunity in a case that involved the shackling of …
CCA Board Member Steps Down from Open Government Organization
Article • January 10, 2015 • from PLN January, 2015
Filed under: Corrections Corporation of America/CoreCivic, Freedom of Information Act, Public Records Act
CCA Board Member Steps Down from Open Government Organization by CCA Board Member Steps Down from Open Government Organization Corrections Corporation of America (CCA), the nation’s largest for-profit prison firm, is also one of the least transparent government contractors despite performing an inherently governmental function – incarceration. For example, CCA …
Virginia Prison’s Policy Requiring Physical Indicia of Faith for Religious Sincerity Held Unconstitutional; Suit Settles for $3,795
Article • January 10, 2015 • from PLN January, 2015
Filed under: Mootness, Qualified Immunity, Religious Diet, Denial of Religious Services, Religious Property
Virginia Prison’s Policy Requiring Physical Indicia of Faith for Religious Sincerity Held Unconstitutional; Suit Settles for $3,795 by David Reutter Virginia Prison’s Policy Requiring Physical Indicia of Faith for Religious Sincerity Held Unconstitutional; Suit Settles for $3,795 by David M. Reutter The Fourth Circuit Court of Appeals has vacated a …
Florida Death Row Prisoner Entitled to Prison and Medical Records
Article • January 10, 2015 • from PLN January, 2015
Filed under: Medical Records, Death Penalty/Death Row, Public Records Act
Florida Death Row Prisoner Entitled to Prison and Medical Records by David Reutter Florida Death Row Prisoner Entitled to Prison and Medical Records by David M. Reutter On December 19, 2013, the Florida Supreme Court held that a death-sentenced prisoner was entitled to receive his prison and medical records once …
State Appellate Costs Improper on Washington PRP Dismissal
Article • January 10, 2015 • from PLN January, 2015
Filed under: Attorney Fee Awards
State Appellate Costs Improper on Washington PRP Dismissal by Mark Wilson State Appellate Costs Improper on Washington PRP Dismissal by Mark Wilson On November 14, 2013, the en banc Washington Supreme Court held that the court’s clerk had erred in awarding the state a $200 statutory attorney fee against a …
Texas Prison Population Drops as Guard Shortage Persists
Article • January 10, 2015 • from PLN January, 2015
Filed under: Prison Reform, Overcrowding, Staffing, Alternative Sentencing
Texas Prison Population Drops as Guard Shortage Persists by Matthew Clarke Texas Prison Population Drops as Guard Shortage Persists by Matt Clarke In spite of a three-year downward trend, Texas continues to lead the nation with the largest state prison population. At the same time, the state has pursued a …
Federal Court Orders Colorado to Provide Outdoor Recreation to Supermax Prisoner
Article • January 10, 2015 • from PLN January, 2015
Filed under: Eighth Amendment, Exercise, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness)
Federal Court Orders Colorado to Provide Outdoor Recreation to Supermax Prisoner by Matthew Clarke Federal Court Orders Colorado to Provide Outdoor Recreation to Supermax Prisoner by Matt Clarke A federal court in Colorado has heldthat a mentally ill prisoner who spent over 12 years in administrative segregation must be afforded …
Admission of Jail Disciplinary Records at Criminal Trial May Violate Confrontation Clause
Article • January 10, 2015 • from PLN January, 2015
Filed under: Disciplinary Hearings, Confrontation, Criminal Procedure
Admission of Jail Disciplinary Records at Criminal Trial May Violate Confrontation Clause by David Reutter Admission of Jail Disciplinary Records at Criminal Trial May Violate Confrontation Clause by David M. Reutter The Texas Court of Appeals, First District, held in December 2013 that the admission of jail disciplinary records at …
Oklahoma Supreme Court Remands Consolidated Sex Offender Registration Case
Article • January 10, 2015 • from PLN January, 2015
Filed under: Sex Offender Registration, Retroactivity, Ex Post Facto, State Legislation
Oklahoma Supreme Court Remands Consolidated Sex Offender Registration Case by Shepherd Litsey Oklahoma Supreme Court Remands Consolidated Sex Offender Registration Case by Shepherd Litsey On November 19, 2013, the Supreme Court of Oklahoma affirmed in part, reversed in part and remanded for further proceedings a case involving a registered sex …
From the Editor
Article • January 10, 2015 • from PLN January, 2015
Filed under: Editorials
From the Editor by Paul Wright From the Editor by Paul Wright Welcome to the first issue of Prison Legal News for the New Year! By now you should have received our fundraiser packet with our last annual report. First, I would like to thank everyone who has donated to …
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