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US v. Broussard, LA, Appeal, Excessive Force, 2018

Brief • February 5, 2018

Filed under: Excessive Force, Guard Brutality/Beatings, Restraints

US v. Broussard, LA, Appeal, Excessive Force, 2018 Case: 17-30298 Document: 00514336725 Page: 1 Date Filed: 02/05/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-30298 United States Court of Appeals Fifth Circuit FILED February 5, 2018 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff …

Louisiana Prisons Present Immense Environmental Dangers

Article • January 31, 2018 • from PLN February, 2018

Filed under: Prison Reform, Environmental Law

Louisiana Prisons Present Immense Environmental Dangers by Daniel Horowitz by Daniel Horowitz For many people it will come as no surprise that Louisiana has an extensive prison system. Considered the world’s prison capital, the state imprisons more adults per capita than any other state in the U.S. With 132 detention …

Ball v. LeBlanc, LA, Order and Opinion, Death Row Conditions, 2018

Brief • January 31, 2018

Filed under: Conditions of Confinement, Eighth Amendment, Exposure to Heat, PLRA, Death Row, Remands

Ball v. LeBlanc, LA, Order and Opinion, Death Row Conditions, 2018 Case: 17-30052 Document: 00514330178 Page: 1 Date Filed: 01/31/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-30052 United States Court of Appeals Fifth Circuit FILED January 31, 2018 Lyle W. Cayce Clerk ELZIE BALL; …

State of Louisiana v. Jones, LA, Opinion, Evidence in Trial Court, 2018

Brief • January 30, 2018

Filed under: Evidence - Integrity/Reliability of, Jury Views

State of Louisiana v. Jones, LA, Opinion, Evidence in Trial Court, 2018 Supreme Court of Louisiana FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #005 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 30th day of January, 2018, are as follows: PER CURIAM: 2016-K -1502 STATE OF …

State of Louisiana v. Broussard, LA, Opinion, Backstrike of Potential Juror, 2018

Brief • January 30, 2018

Filed under: Racial Discrimination, Police/Govt Misconduct, Jury Selection, Peremptory Challenges, Race Neutral Explanation

State of Louisiana v. Broussard, LA, Opinion, Backstrike of Potential Juror, 2018 Supreme Court of Louisiana FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #005 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 30th day of January, 2018, are as follows: PER CURIAM: 2016-K -1502 STATE OF …

Esteen v. State of Louisiana, LA, Opinion, Resentencing for Previous Drug Convictions, 2018

Brief • January 30, 2018

Filed under: Retroactivity, U.S. Sentencing Guidelines, Drug Laws/Offenses

Esteen v. State of Louisiana, LA, Opinion, Resentencing for Previous Drug Convictions, 2018 Supreme Court of Louisiana FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #005 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 30th day of January, 2018, are as follows: PER CURIAM: 2016-KH-0949 STATE EX …

Fifth Circuit Dismisses Louisiana Prisoner's § 1983

Article • January 16, 2018

Filed under: Retaliation, Injury -- Misc.

Fifth Circuit Dismisses Louisiana Prisoner's § 1983 by Edward Lyon by Edward Lyon Prisoner James Davis claimed injuries resulting from a traffic accident to an Avoyelles Parish transport van he was riding in. He sued the deputy driver, a jail captain he alleged ordered a city policeman to falsify facts …

Controversy Surrounds Angola Prison Warden’s Retirement, Indictment of Family Members

Article • January 8, 2018 • from PLN January, 2018

Filed under: Guard Misconduct, DOC/BOP misconduct

Controversy Surrounds Angola Prison Warden’s Retirement, Indictment of Family Members by David Reutter by David M. Reutter One month after a November 2015 investigative report by the New Orleans Advocate, Louisiana State Penitentiary warden Burl Cain, 73, announced his retirement. He stepped down from his longtime position at the Angola …

$315,00 to Louisiana Man Imprisoned, Deported

Article • December 22, 2017

Filed under: Wrongful Imprisonment, Immigration

$315,00 to Louisiana Man Imprisoned, Deported by Lonnie Burton by Lonnie Burton In 2015 the United States government agreed to settle a lawsuit filed by a Mexican national who had been a U.S. citizen for six years before Immigration and Customs Enforcement (ICE) officials rounded him up, threw him in …

Testimony of Expert Witness Excluded

Article • December 19, 2017

Filed under: Medical, Eighth Amendment, Expert Witnesses

Testimony of Expert Witness Excluded by David Reutter by David Reutter A Louisiana federal district court excluded the expert testimony of Dr. David Thomas in a class action brought by Louisiana prisoners who alleged substandard medical care. Joseph Lewis, Jr. sued the Louisiana State Penitentiary (Angola) alleging violations of his …

Thirty-Nine Year Stay in Solitary Requires Procedural Safeguards; 5th Circuit Affirms Denial of Qualified Immunity

Article • December 13, 2017

Filed under: Qualified Immunity, Control Units/SHU/Solitary Confinement

Thirty-Nine Year Stay in Solitary Requires Procedural Safeguards; 5th Circuit Affirms Denial of Qualified Immunity by On December 17, 2014, the Fifth Circuit U.S. Court of Appeals upheld the ruling of a Louisiana federal district court judge denying qualified immunity to prison officials in a lawsuit filed by a prisoner …

James v. LaCroix, LA, Settlement, SHU Understaffing, 2017

Brief • December 13, 2017

Filed under: Failure to Protect (General)

James v. LaCroix, LA, Settlement, SHU Understaffing, 2017 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERNDISTRICT OF LOUISIANA ALEXANDRIA DIVISION Rashod L. James, Plaintiff v. Officer Lacroix, M.D. Carvajal, and the United States, Defendants. ) ) ) ) ) ) ) ) ) ) Civil Action No. 16CV00138 STIPULATION …

Fifth Circuit Allows Intervention by Sierra Club in Reverse FOIA Suit

Article • December 11, 2017

Filed under: Freedom of Information Act

Fifth Circuit Allows Intervention by Sierra Club in Reverse FOIA Suit by Christopher Zoukis By Christopher Zoukis The United States Court of Appeals for the Fifth Circuit has allowed Sierra Club to intervene in a reverse Freedom of Information Act (FOIA) records request lawsuit. The dispute stemmed from FOIA requests …

$82,500 Damages to Detained American, Federal Judge Blasts ICE

Article • December 7, 2017

Filed under: Wrongful Imprisonment, Immigration, False Arrest

$82,500 Damages to Detained American, Federal Judge Blasts ICE by Christopher Zoukis By Christopher Zoukis In a scathing opinion, Judge Jack B. Weinstein, Senior Judge of the United States District Court for the Eastern District of New York, awarded a wrongfully detained American citizen $82,500 in damages for false arrest …

Louisiana Death Sentence Reversed, Charges Dismissed, Lawsuit Filed

Article • December 5, 2017 • from PLN December, 2017

Filed under: Racial Discrimination, Death Penalty/Death Row, Criminal Procedure

Louisiana Death Sentence Reversed, Charges Dismissed, Lawsuit Filed by David Reutter by David M. Reutter Following the reversal of his homicide conviction by the Louisiana Supreme Court in November 2016, death row prisoner Rodricus Crawford, 29, was released on $50,000 bond after serving three years in prison. A new prosecutor …

Federal Judge Expresses Frustration in New Orleans Jail Reform Litigation

Article • December 5, 2017 • from PLN December, 2017

Filed under: Prison Reform, Conditions of Confinement, Jail Specific

Federal Judge Expresses Frustration in New Orleans Jail Reform Litigation by The fight to reform unconstitutional conditions at the New Orleans parish jail in Louisiana has resulted in litigation, a 2013 consent decree and the construction of a new facility. The consent decree stemmed from a federal lawsuit filed by …

USA v. Hankton, LA, Opinion, Sentencing Guidelines, 2017

Brief • November 16, 2017

Filed under: Sentencing, U.S. Sentencing Guidelines, Resentencing

USA v. Hankton, LA, Opinion, Sentencing Guidelines, 2017 Case: 16-31126 Document: 00514239973 Page: 1 Date Filed: 11/16/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-31126 United States Court of Appeals Fifth Circuit FILED November 16, 2017 UNITED STATES OF AMERICA, Plaintiff - Appellee v. THOMAS …

Brunson v. Nichols, LA, Opinion, Inmate Grievance, 2017

Brief • November 15, 2017

Filed under: Conditions of Confinement, Grievances, 42 U.S. Code § 1983, civil action for deprivation of rights

Brunson v. Nichols, LA, Opinion, Inmate Grievance, 2017 Case: 14-31350 Document: 00514238546 Page: 1 Date Filed: 11/15/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-31350 United States Court of Appeals Fifth Circuit FILED November 15, 2017 DERRICK D. L. BRUNSON, Lyle W. Cayce Clerk Plaintiff …

Thomas v. Gusman et al, Complaint, Wrongful Death, 2017

Brief • October 13, 2017

Filed under: Correct Care Solutions, Eighth Amendment, Jail Specific, Wrongful Death, Suicides, Failure to Protect (Staff), Staff Training, 42 U.S. Code § 1983, civil action for deprivation of rights

Thomas v. Gusman et al, Complaint, Wrongful Death, 2017 Case 2:17-cv-10639-ILRL-KWR Document 1 Filed 10/13/17 Page 1 of 50 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA TRESSCEL THOMAS * * * VERSUS * * MARLIN N. GUSMAN, in his official * capacity as Orleans Parish Sheriff, * GARY D. …

Louisiana Parish Jails Lack HIV Treatment and Services

Article • October 10, 2017 • from PLN October, 2017

Filed under: HIV/AIDS, Failure to Treat

Louisiana Parish Jails Lack HIV Treatment and Services by HIV-positive prisoners in Louisiana jails are not provided medication and basic services, which endangers both their health and the communities they return to upon release. That was one of the findings of “Paying the Price: Failure to Deliver HIV Services in …