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State Secrets Doctrine Requires Dismissal of Suit Involving CIA Torture Flights by On September 8, 2010, the Ninth Circuit Court of Appeals held the “valid assertion of the state secrets privilege” warranted dismissal of a lawsuit filed by suspects apprehended as part of the CIA’s extraordinary rendition program. The suit …
Article • August 15, 2011 • from PLN August, 2011
$4,000 Settlement for Arkansas Prisoner Pepper Sprayed by Guards by The Arkansas Department of Correction (ADOC) has paid $4,000 to settle a lawsuit brought by a prisoner who was pepper sprayed three times by guards. While confined at the Varner Supermax Unit in 2005, Eric Winston was repeatedly pepper sprayed. …
U.S. Supreme Court: No Monetary Damages Against States Under RLUIPA by On April 20, 2011, the U.S. Supreme Court ruled that state sovereign immunity bars recovery of monetary damages under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc, et seq. Harvey Leroy Sossamon III, a …
Virginia DOC Settles Lawsuit to Improve Communication for Deaf Prisoners by The Virginia Department of Corrections (VDOC) has agreed to settle a lawsuit brought by deaf prisoners. The settlement makes substantial changes to improve such prisoners’ ability to interact in the prison environment and rehabilitate themselves. “We believe the settlement …
Article • August 15, 2011
Investors in Montana Prison Left Holding the Bag as New Prison Sits Empty by David Reutter By David M. Reutter With the expansion of the prison industrialization complex in recent decades, many communities have turned to prisons as a means to generate economic activity. Considering the success of other small, …
Charges Against Phoenix New Times Editors Dropped/Private Prosecutor Dismissed by Matthew Clarke by Matt Clarke In the middle of the night of October 18, 2007, Phoenix New Times founders Michael Lacey and Jim Larkin were arrested at their homes and charged with revealing grand jury information for publishing an article …
Article • August 15, 2011
New York Jail “Incarceration Cost” Charges Enjoined by John Dannenberg by John E. Dannenberg The Supreme Court of Nassau County granted an Article 78 petition against Nassau County that enjoined it from charging non-indigent prisoners a “per diem” incarceration fee, thereby voiding Title 21 and 21-A of the Miscellaneous Laws …
Article • August 15, 2011
Michigan Auditor Finds Prisoner Health Care Delivery Inadequate by David Reutter By David M. Reutter The Michigan Department of Corrections’ (MDOC) efforts to comply with the requirement to deliver medical services are not effective. That is the conclusion drawn in an audit report issued in March 2008 by Michigan’s Office …
CCA Settles Wackenhut Transport Accident Suit for $200,000 by Jose Sandoval, an illegal immigrant who suffered injuries to his arm and spinal column in an automobile accident after his arrest by the Border Patrol, has received a $200,000 settlement from the Corrections Corporation of America (CCA). CCA had subcontracted its …
California Top Cop Sentenced to 5½ Years in Prison by Gary Hunter California Top Cop Sentenced to 5½ Years in Prison By Gary Hunter "I need a sheriff I can trust. Lying will not be tolerated in this courtroom, especially by the county's highest-ranking law enforcement officer." That's what U.S. …
Article • August 15, 2011
Mentally Ill NC Prisoner “Becomes Ill,” Quadriplegic; Billy Club Impressions Found 30 Hours Later by Mark Wilson By Mark Wilson “I lock in the hole now the staff say I die at Alexander” Correctional Institution (ACI), wrote mentally ill North Carolina prisoner Timothy Helms on June 20, 2008. Fifteen days …
Article • August 15, 2011
Oregon Jail Deaths Linked to Deficient Care, Misconduct by Mark Wilson By Mark Wilson In a March 13, 2008 report, the Multnomah County District Attorney’s Office concluded that at least two prisoners at the Multnomah County Detention Center (MCDC) – Oregon’s largest jail – died of inadequate medical care and …
Article • August 15, 2011
Mentally Ill Prisoners In South Dakota Are Receiving Inadequate Care by Derick Limberg By Derick Limberg According to statistics, South Dakota jails and prisons are failing to properly care for their mentally ill prisoners. A 2006 Department of Justice report found 56% of state and 64% of county prisoners reported …
Article • August 15, 2011
Widow of Slain Fulton County Judge Settles Lawsuit for $5.2 Million by David Reutter By David M. Reutter Georgia’s Fulton County has agreed to pay the widow of slain judge Rowland Barnes $5.2 million. Barnes was killed by Brian Nichols, who went on a killing rampage in March 2005 at …
Article • August 15, 2011 • from PLN August, 2011
Placement in Maximum Security Facility May Trigger Due Process Protections; Religious Diet Claims Remanded by The U.S. Court of Appeals for the Sixth Circuit has reversed a district court’s grant of summary judgment to Michigan prison officials in a procedural due process and religious diet lawsuit. Lamont Bernard Heard received …
$1.2 Million Awarded Against PHS After Florida Jail Prisoner Paralyzed by A federal jury in Florida has awarded $1.2 million to a former prisoner who was paralyzed due to deliberate indifference to his serious medical needs while he was incarcerated at the Lee County Jail. The jury found that the …
Article • August 15, 2011 • from PLN August, 2011
Fifth Circuit Vacates Dismissal of Habeas Challenge to Texas Parole Changes by On February 2, 2011, the Fifth Circuit Court of Appeals vacated a district court’s judgment dismissing a prisoner’s challenge to retroactive changes in Texas parole procedures. Matthew Clarke, a Texas state prisoner and PLN contributing writer, filed a …
Article • August 15, 2011 • from PLN August, 2011
Report Finds Prior Incarceration Hinders Upward Economic Mobility by Matthew Clarke by Matt Clarke The Pew Charitable Trusts’ Economic Mobility Project and Public Safety Performance Project issued a collaborative report in September 2010 on the impact of incarceration on economic mobility. The report found a strong negative effect of incarceration …
Article • August 15, 2011 • from PLN August, 2011
California Prisoners Still Forced to Drink Arsenic-Laced Water by David Reutter by David M. Reutter Prisoners at California’s Kern Valley State Prison in Delano are being slowly poisoned through their drinking water. The “state of the art” facility opened at a cost of $379 million in 2005; the water problem …
Article • August 15, 2011 • from PLN August, 2011
Judge Rejects Challenge to BOP’s Special Administrative Measures by Brandon Sample On January 27, 2011, U.S. District Court Judge Lewis T. Babcock dismissed a lawsuit challenging Special Administrative Measures (SAMs) imposed by the federal Bureau of Prisons (BOP). SAMs are authorized under 28 C.F.R. § 501.3(a). Mohamed Rashed Daoud Al-Owhali, …
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