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Article • October 10, 2014 • from PLN October, 2014
Second Circuit: Spraying with Feces Not De Minimis Injury; $7,000 Settlement After Remand by Mark Wilson Second Circuit: Spraying with Feces Not De Minimis Injury; $7,000 Settlement After Remand by Mark Wilson The Second Circuit Court of Appeals held on December 20, 2013 that spraying a prisoner with a mixture …
Article • October 10, 2014 • from PLN October, 2014
Fifth Circuit Holds Louisiana Commutation Changes Not Ex Post Facto by Matthew Clarke Fifth Circuit Holds Louisiana Commutation Changes Not Ex Post Facto by Matt Clarke In an opinion filed May 21, 2013, the Fifth Circuit Court of Appeals held that changes to commutation laws and rules in Louisiana, which …
Article • October 10, 2014 • from PLN October, 2014
Ninth Circuit: Exhaustion Prior to Amended Complaint Satisfies PLRA by Mark Wilson Ninth Circuit: Exhaustion Prior to Amended Complaint Satisfies PLRA by Mark Wilson On January 14, 2014, the Ninth Circuit Court of Appeals held that claims raised in an amended complaint satisfy administrative exhaustion requirements under the Prison Litigation …
Article • October 10, 2014 • from PLN October, 2014
Filed under: Criminal Prosecution
Former Wyoming Probation Officer Receives, Violates Probation by Derek Gilna Former Wyoming Probation Officer Receives, Violates Probation by Derek Gilna A former Wyoming Department of Corrections probation officer was placed on probation herself following her conviction on drug and theft charges. Ruby Maddox, 36, was enrolled in a rehabilitation center …
Article • October 10, 2014 • from PLN October, 2014
California Exhaustion Requirement Extends to Independent Contractors by Mark Wilson California Exhaustion Requirement Extends to Independent Contractors by Mark Wilson On December 6, 2013, the California Court of Appeal, Third Appellate District, held that prisoners must exhaust administrative remedies before suing independent contractors employed by the prison system. California prisoner …
Article • October 10, 2014 • from PLN October, 2014
Filed under: Telephone Rates, Visiting
Jail Video Visitation Proposal Considered in Dallas County, Texas by Jail Video Visitation Proposal Considered in Dallas County, Texa On September 9, 2014, the Dallas County Commissioners Court unanimously rejected a proposal that would have ended all face-to-face visits with prisoners at the Dallas County Jail. The Commissioners Court had …
Article • October 10, 2014 • from PLN October, 2014
Colorado Law Grants Immunity to Law Enforcement Officers Transporting Juveniles by David Reutter Colorado Law Grants Immunity to Law Enforcement Officers Transporting Juveniles by David M. Reutter The Colorado Supreme Court held on January 13, 2014 that “allegations of negligence alone are not sufficient to overcome the statutory grant of …
Article • October 10, 2014 • from PLN October, 2014
Filed under: Staff-Prisoner Assault
Tenth Circuit Holds “Consensual” Sex Defeats Prisoner’s Eighth Amendment Claim by Mark Wilson Tenth Circuit Holds “Consensual” Sex Defeats Prisoner’s Eighth Amendment Claim by Mark Wilson The Tenth Circuit Court of Appeals has held that a female prisoner’s “consensual” sex with two guards did not violate the Eighth Amendment. Stacey …
Article • October 10, 2014 • from PLN October, 2014
$8.15 Million Jury Award for Prisoner’s Death at New York Jail by David Reutter $8.15 Million Jury Award for Prisoner’s Death at New York Jail by David Reutter A New York City jury awarded $8.15 million to the estate of a prisoner who died after being denied access to medical …
Article • October 10, 2014 • from PLN October, 2014
California: Federal Judge Certifies Class-Action Over SHU Placement, Conditions by Derek Gilna California: Federal Judge Certifies Class-Action Over SHU Placement, Conditions by Derek Gilna California state prison officials could be forgiven for complaining that the federal courts spend a lot of time monitoring their activities, but the facts indicate that …
Article • October 10, 2014 • from PLN October, 2014
Filed under: Court Access, Filing Fees
Alaska Filing Fee Statute Denies Prisoners Court Access by Mark Wilson Alaska Filing Fee Statute Denies Prisoners Court Access by Mark Wilson In December 6, 2013, the Alaska Supreme Court held that barring an indigent prisoner from filing an appeal due to inability to pay the filing fee deprived him …
Article • October 10, 2014 • from PLN October, 2014
Pretrial Detainee’s First Amendment Retaliation Claim Survives Summary Judgment by David Reutter Pretrial Detainee’s First Amendment Retaliation Claim Survives Summary Judgment by David M. Reutter In a December 26, 2013 decision, the Eighth Circuit Court of Appeals reversed a district court’s grant of summary judgment, holding that a former pretrial …
Article • October 10, 2014 • from PLN October, 2014
Filed under: Telephone Rates
Prison and Jail Phone Reforms Needed in New Jersey by Karina Wilkinson Prison and Jail Phone Reforms Needed in New Jersey by Karina Wilkinson Two prison phone service providers, Global Tel*Link and Securus, continue to overcharge prisoners and their families for calls made from prisons and jails in New Jersey. …
Article • October 10, 2014 • from PLN October, 2014
Class-Action Suit Claiming Inadequate Medical Care at Virginia Prison Set for Trial by Class-Action Suit Claiming Inadequate Medical Care at Virginia Prison Set for Trial A December 2014 trial date has been scheduled in a class-action federal lawsuit that could determine the future of health care for prisoners at the …
Article • October 10, 2014 • from PLN October, 2014
Drug Courts Partner with Pharmaceutical Company to Combat Heroin, Alcohol Abuse by Drug Courts Partner with Pharmaceutical Company to Combat Heroin, Alcohol Abuse The 406th District Drug Court in Webb County, Texas has turned to a new approach for breaking the cycle of addiction related to heroin, opiate and alcohol …
Article • October 10, 2014 • from PLN October, 2014
Washington State: Injunction Entered Against Lewis County in PLN Censorship Suit by Washington State: Injunction Entered Against Lewis County in PLN Censorship Suit On September 10, 2014 a federal judge entered a preliminary injunction against Lewis County, Washington in a lawsuit challenging a postcard-only mail policy at the county jail. …
Article • October 10, 2014 • from PLN October, 2014
Leading with Conviction: JustLeadershipUSA by Glenn E. Martin Leading with Conviction: JustLeadershipUSA by Glenn Martin and Sasha Graham For decades, advocates and scholars alike have publicly decried the crippling financial and human costs of mass incarceration. Today their calls for reform are amplified by an emerging bipartisan consensus that current …
Article • October 10, 2014 • from PLN October, 2014
How the Courts View ACA Accreditation by Alex Friedmann How the Courts View ACA Accreditation by Alex Friedmann The American Correctional Association (ACA), a private non-profit organization composed mostly of current and former corrections officials, provides accreditation to prisons, jails and other detention facilities. According to the ACA, “Accreditation is …
Article • October 10, 2014 • from PLN October, 2014
Tennessee Senate Judiciary Committee Holds Hearings on Criminal Justice Reform by Tennessee Senate Judiciary Committee Holds Hearings on Criminal Justice Reform On September 15 and 16, 2014, while Tennessee’s General Assembly was out of session, the Senate Judiciary Committee held hearings on criminal justice reform – the first time a …
Women in Solitary Confinement: “The Isolation Degenerates Us into Madness“ by Victoria Law Women in Solitary Confinement: “The Isolation Degenerates Us into Madness“ by Victoria Law A mass prisoner hunger strike rocked California’s prison system last year, drawing international attention to the extensive use of solitary confinement in the United …
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