Nevada Juveniles Not Prisoners for Prisoner Battery Statute by Nevada Juveniles Not Prisoners for Prisoner Battery Statute The Nevada Supreme Court held that a juvenile detained for delinquency in a state facility is not a prisoner for purposes of Nevada's felony battery-by-a-prisoner statute. "Javier C., was adjudicated delinquent …
SORNA Does Not Violate Ex Post Facto Clause, 11th Circuit Rules by SORNA Does Not Violate Ex Post Facto Clause, 11th Circuit Rules The federal Sex Offender Registration and Notification Act (SORNA) is a civil and non-punitive regulatory scheme that does not violate the Ex Post Facto Clause, the …
Texas Supreme Court Rules on Which Experts Qualify for Civil Commitment Trial by Matthew Clarke Texas Supreme Court Rules on Which Experts Qualify for Civil Commitment Trial by Matt Clarke On August 31, 2012, the Supreme Court of Texas held that an expert who testifies in a civil …
Ninth Circuit: Subjective Unawareness Insufficient to Excuse Non-Exhaustion by Ninth Circuit: Subjective Unawareness Insufficient to Excuse Non-Exhaustion The Ninth Circuit Court of Appeals held that subjective unawareness of a grievance procedure does not render the administrative remedy "unavailable" under the Prison Litigation Reform Act (PLRA). The prisoner must prove, …
Los Angeles County Settles Wrongful Death for $150,000 by Los Angeles County Settles Wrongful Death for $150,000 The Los Angeles County Claims Board (LACCB) agreed to pay $150,000 to settle a lawsuit claiming wrongful death of a prisoner. Pamela Wimberley, a diabetic, was a prisoner at the Twin …
Los Angeles County Settles in Sexual Harassment/Assault Case by Los Angeles County Settles in Sexual Harassment/Assault Case In August 2012, Los Angeles County settled with Plaintiff Sylvia Wilson for $375,000.00 less $122,915.00 in attorney fees and costs. Plaintiff alleged sexual harassment and assault in May 2010 while a participant …
Los Angeles County Settles in Officer Traffic Accident by Los Angeles County Settles in Officer Traffic Accident The County of Los Angeles settled in May 2012 for $525,000 with Plaintiff Arthur Lerille, Jr., in a Los Angeles County Superior Court, a claim alleging negligent driving on the part of …
Los Angeles County Offers $150,000 to Settle Patrol Vehicle Accident Suit by In August 2012, the Los Angeles County Claims Board recommended that the Board of Supervisors make an offer of $150,000 to settle a lawsuit arising from an automobile accident that occurred in the early morning hours of June …
Failure to Exhaust Administrative Remedies Dooms 7th Circuit Prisoner Suit by Derek Gilna Failure to Exhaust Administrative Remedies Dooms 7th Circuit Prisoner Suit By Derek Gilna The §1983 civil rights complaint filed by Wisconsin state prisoner, James R. Schultz, has been dismissed by the 7th Circuit Court of …
$350,000 Settlement in Immigrant Detainee’s Death Caused by Medical Neglect by $350,000 Settlement in Immigrant Detainee’s Death Caused by Medical Neglect A wrongful death lawsuit against Virginia’s Piedmont Regional Jail (PRJ) has been settled for $350,000. The death involved an immigration detainee who died from complications of an untreated …
$2.225 Million Settlement in Failure to Protect New Mexico Prisoner by $2.225 Million Settlement in Failure to Protect New Mexico Prisoner The Board of Commissioners for New Mexico’s Bernalillo County agreed to a $2.225 million settlement in a lawsuit alleging that guards at its jail allowed and provoked prisoners …
Report: Police State Gets Credit for Increased Incarceration Rates, But Not Crime Reduction by Report: Police State Gets Credit for Increased Incarceration Rates, But Not Crime Reduction There are more police in the United States than ever before, and crime rates are at their lowest levels in 30 years. …
Indiana Prisoners Lack Property Right in Recreation Fund by Indiana Prisoners Lack Property Right in Recreation Fund In an opinion handed down on February 9, 2012, the Seventh Circuit Court of Appeals upheld a lower court's determination that Indiana state prisoners had no property interest in a prison's recreation …
Florida Courts Required to Accommodate Blind Litigants with Braille Documents by Florida Courts Required to Accommodate Blind Litigants with Braille Documents The Florida Supreme Court has held that a legally blind litigant was entitled to mandamus relief to compel an appellate court to accept pleadings in Braille and to …
Fifth Circuit Holds Younger Doctrine Precludes Challenge to Louisiana Public Defender Fees by Fifth Circuit Holds Younger Doctrine Precludes Challenge to Louisiana Public Defender Fees On April 16, 2012, the Fifth Circuit Court of Appeals held that the Younger abstention doctrine prohibits federal court challenges to Louisiana's public defender …
Harsher Stance by Virginia Parole Board Fails to Demonstrate Actionable Claim by Harsher Stance by Virginia Parole Board Fails to Demonstrate Actionable Claim The Fourth Circuit Court of Appeals held that eleven prisoners failed to allege facts demonstrating a plausible case to support that the Virginia Parole Board (the …
U.S. Department of Justice Releases Former Prisoner Report on Sexual Victimization by Matthew Clarke U.S. Department of Justice Releases Former Prisoner Report on Sexual Victimization by Matt Clarke On May 12, 2012, the Bureau of Justice Statistics of the U.S. Department of Justice released a report on a …
PLN quoted re ruling in Pennsylvania prison medical case Oct. 4, 2014 Articles with PLN Quotes Philadephia Weekly Continued debate over ejaculating in prison By Randy LoBasso Shemtov Michtavi is no stranger to the law. After being sentenced to federal prison in Pennsylvania in 2004 for his involvement in a …
Connecticut Abolishes Death Penalty for Future Capital Crimes by Matthew Clarke by Matt Clarke On April 25, 2012, Connecticut Governor Daniel P. Malloy signed into law legislation that eliminates the death penalty for future crimes and replaces it with life without parole – part of a trend to abolish capital …
Audit for California Prison System Reveals High Potential for Fraud and Misappropriation of Public Funds by Audit for California Prison System Reveals High Potential for Fraud and Misappropriation of Public Funds In July 2011, the California State Controller’s Office (SCO) released the results of its accounting audit of the …
