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Article • July 11, 2014 • from PLN July, 2014
Seventh Circuit: No Qualified Immunity for Diabetic Detainee’s Death by Mark Wilson Seventh Circuit: No Qualified Immunity for Diabetic Detainee’s Death by Mark Wilson On August 20, 2013, the Seventh Circuit affirmed a district court’s denial of qualified immunity in a case concerning an Illinois pretrial detainee’s death due to …
SEC Rejects CCA, GEO Group Shareholder Resolutions to Reduce Prison Phone Rates by SEC Rejects CCA, GEO Group Shareholder Resolutions to Reduce Prison Phone Rates On February 18, 2014, the Securities and Exchange Commission (SEC) granted a request filed by for-profit prison company GEO Group to exclude a shareholder resolution …
Administrators Fired at Privately-Run Texas Jail by Administrators Fired at Privately-Run Texas Jail The warden and head of security at the Liberty County Jail (LCJ) in Liberty, Texas have been fired in the wake of allegations that the chief of security sexually assaulted a female prisoner at the facility. The …
Systemic Changes Follow Murder of Colorado Prison Director by John Dannenberg Systemic Changes Follow Murder of Colorado Prison Director by John Dannenberg Just over a year after Colorado Department of Corrections Director Tom Clements was killed by former prisoner Evan Ebel, who had been released directly from long-term solitary confinement, …
Prison Closures Cause Economic Turmoil by Shrinking state budgets across the country are leading to prison closures that in turn have a negative impact on communities that depend on the facilities as a source of jobs and revenue. [See: PLN, June 2013, p.1; April 2009, p.1]. Small towns in Kentucky, …
Do Faith-Based Prisons Work? by Alexander Volokh Do Faith-Based Prisons Work? by Alexander Volokh There are a lot of faith-based prison programs out there. As of 2005, 19 states and the federal government had some sort of residential faith-based program, aimed at rehabilitating participating prisoners by teaching them subjects like …
Article • July 11, 2014 • from PLN July, 2014
North Carolina Repeals Racial Justice Law by North Carolina Repeals Racial Justice Law In June 2013, North Carolina Governor Pat McCrory signed legislation repealing the state’s Racial Justice Act of 2009 (the Act), a controversial law that supporters said was an effort to address racism in death penalty cases. Opponents, …
Article • July 11, 2014 • from PLN July, 2014
North Carolina: Hundreds of Federal Prisoners Legally Innocent, Some Still Incarcerated by Derek Gilna North Carolina: Hundreds of Federal Prisoners Legally Innocent, Some Still Incarcerated by Derek Gilna Following a 2011 federal appellate court ruling, the U.S. Department of Justice (DOJ) initially tried to delay the release of federal prisoners …
Seventh Circuit Admits Prisoner is Right but Denies Relief, Suggests Clemency by Seventh Circuit Admits Prisoner is Right but Denies Relief, Suggests Clemency The Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), mandates sentence enhancements for certain federal defendants who commit crimes with firearms; those who have three or …
Article • July 11, 2014 • from PLN July, 2014
New York Prisoner Awarded Sanctions for Spoliation of Evidence; Case Settles for $500,000 by Mark Wilson New York Prisoner Awarded Sanctions for Spoliation of Evidence; Case Settles for $500,000 by Mark Wilson On September 4, 2013, a New York federal district court held that a jail official was precluded from …
Article • July 11, 2014 • from PLN July, 2014
Judge May Resolve Exhaustion Issue; No Policy on Grievance Non-decisions Means Remedies Unavailable by David Reutter Judge May Resolve Exhaustion Issue; No Policy on Grievance Non-decisions Means Remedies Unavailable by David Reutter The Third Circuit Court of Appeals held on August 26, 2013 that a judge may resolve factual disputes …
Article • July 11, 2014 • from PLN July, 2014
Seventh Circuit Reverses Summary Judgment in Dental Care Suit by David Reutter Seventh Circuit Reverses Summary Judgment in Dental Care Suit by David M. Reutter On July 19, 2013, the Seventh Circuit Court of Appeals reversed a grant of summary judgment to three defendants, holding there was sufficient evidence for …
Brief • July 11, 2014
Miller et al v. Deal et al, GA, Order, child support debtors prison, 2014 In the Supreme Court of Georgia Decided: July 11, 2014 S13G1197. MILLER et al. v. DEAL et al. BLACKWELL, Justice. In this lawsuit against the Department of Human Services,1 the trial court certified a class of …
Prison Officials Liable for Private Employer ADA Violations by Mark Wilson Prison Officials Liable for Private Employer ADA Violations by Mark Wilson The Ninth Circuit Court of Appeals held last September that prison officials are liable for violations of the Americans with Disabilities Act (ADA) committed by private employer contractors. …
Brief • July 10, 2014
Evans v. Inmate Calling Services, NV, Appellant Reply Brief, Atty Call Monitoring, 2014 Case: 13-17361 07/10/2014 ID: 9164537 DktEntry: 61-2 Page: 1 of 50 No. 13-17361 ______________________ UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ______________________ DONALD YORK EVANS and JOHN WITHEROW Plaintiffs-Appellants, v. INMATE CALLING SOLUTIONS, et al., …
Folta v. Van Winkle, et al., AZ, complaint, assault on prisoner, 2014 Case 2:14-cv-01562-PGR-ESW Document 1 Filed 07/10/14 Page 1 of 9 FILED LODGED Jul 10 2014 CLERK U.S. DISTRICT COURT DISTRICT OF ARIZONA Case 2:14-cv-01562-PGR-ESW Document 1 Filed 07/10/14 Page 2 of 9 Case 2:14-cv-01562-PGR-ESW Document 1 Filed 07/10/14 …
Article • July 9, 2014 • from PLN July, 2014
Habeas Petitioner Cannot Avoid Payment of Appellate Filing Fees by Michael Brodheim Habeas Petitioner Cannot Avoid Payment of Appellate Filing Fees by Michael Brodheim The Seventh Circuit Court of Appeals has held that a prisoner seeking collateral relief cannot avoid paying appellate filing fees. Following a murder conviction, Indiana prisoner …
Article • July 9, 2014 • from PLN July, 2014
Oregon Victim’s Right to Restitution Survives Prosecutor’s Statutory Violation by Mark Wilson Oregon Victim’s Right to Restitution Survives Prosecutor’s Statutory Violation by Mark Wilson The Oregon Court of Appeals held that a prosecutor’s failure to comply with state restitution laws did not deprive a trial court of authority to impose …
Article • July 9, 2014 • from PLN July, 2014
England, Increasing Number of States Allow Same-Sex Prisoner Marriages or Civil Unions by England, Increasing Number of States Allow Same-Sex Prisoner Marriages or Civil Unions Prisoners in England, including those in the highest security classification, are being allowed to enter into same-sex civil partnerships due to a policy change that …
Article • July 9, 2014 • from PLN July, 2014
Illinois $50 State’s Attorney Fee Applies Only to Habeas Proceedings by Mark Wilson Illinois $50 State’s Attorney Fee Applies Only to Habeas Proceedings by Mark Wilson The Illinois Supreme Court held in September 2013 that a $50 State’s Attorney fee authorized in habeas corpus cases does not apply to non-habeas …
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