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Eighth Circuit Reverses Dismissal of Prisoners’ Suit over Repeated Overnight Deprivation of Clothing

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

Filed under: Eighth Amendment, Clothing, Jail Specific

Eighth Circuit Reverses Dismissal of Prisoners’ Suit over Repeated Overnight Deprivation of Clothing by Reversing the dismissal of a lawsuit brought by pretrial detainees at a Missouri jail, the Eighth Circuit held in a January 17, 2017 decision that depriving them of clothing up to three nights a week was …

Missouri Town Pays $1.2 Million to Settle Lawsuit over Jail Suicide

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

Filed under: Failure to Treat, Jail Specific, Wrongful Death, Suicides

Missouri Town Pays $1.2 Million to Settle Lawsuit over Jail Suicide by Lonnie Burton by Lonnie Burton On March 13, 2017, the city of Pagedale, Missouri agreed to pay $1.2 million to the family of a woman who hung herself at the city jail two-and-a-half years earlier. The resolution of …

Missouri’s Release of Pot Dealer Doing LWOP Gives Hope to Nonviolent Drug Offenders Incarcerated Nationwide

Article • November 28, 2017

Filed under: War on Drugs, Sentencing, Parole

Missouri’s Release of Pot Dealer Doing LWOP Gives Hope to Nonviolent Drug Offenders Incarcerated Nationwide by Joe Watson By Joe Watson Jeff Mizanskey, a 62-year-old Missouri state prisoner serving life without parole (LWOP) on a nonviolent drug conviction, was released on Sept, 2, 2015, eliciting cautious optimism that thousands like …

Allen v. City of St. Louis, MO, Settlement, Wrongful Conviction, 2017

Brief • November 24, 2017

Filed under: Misconduct/Corruption, Wrongful Conviction, Wrongful Imprisonment, Mental Health, Police, False Arrest

Allen v. City of St. Louis, MO, Settlement, Wrongful Conviction, 2017 Release and Settlement Agreement The parties to this Release and Settlement Agreement ("Agreement") are Plaintiffs Elfrieda Allen, in her capacity as Personal Representative of the Estate of George Allen, Jr., and Lonzetta Taylor (collectively, "Plaintiffs"), and the City of …

LaFleur v. Missouri DOC, MO, Petition for Damages, Prison Workplace Harassment, 2017

Brief • November 17, 2017

Filed under: Sexual Harassment, Staff-Staff Harassment, Gender Discrimination -- Women, Work, Americans with Disabilities Act, Mental Health

LaFleur v. Missouri DOC, MO, Petition for Damages, Prison Workplace Harassment, 2017 IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE JENNIFER LAFLEUR, 104 D. SE 24th Street Oak Grove, MO 64075 Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) vs. …

Missouri Has Difficulty Retaining Provider for Execution Drugs

Article • November 7, 2017 • from PLN November, 2017

Filed under: Medical, Eighth Amendment, Civil Procedure, Public Records, Public Records Act

Missouri Has Difficulty Retaining Provider for Execution Drugs by David Reutter by David M. Reutter The Missouri Department of Corrections ran afoul of the state’s public records laws when it tried to withhold its source of propofol, a lethal injection drug, a state court judge ruled. That’s when the drug’s …

Brown v. Precythe, Order, 2017

Brief • October 31, 2017

Brown v. Precythe, Order, 2017 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION NORMAN BROWN, et al., Plaintiffs, v. ANNE L. PRECYTHE, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 2:17-cv-04082-NKL ORDER Plaintiffs Norman Brown, Ralph McElroy, Sidney Roberts, …

Gasca v. Precythe, MO, Amended Class Action Complaint, Parole Revocation, 2017

Brief • October 12, 2017

Filed under: Class Certification, Parole Conditions, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights

Gasca v. Precythe, MO, Amended Class Action Complaint, Parole Revocation, 2017 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI STEPHANIE GASGA, MILDRED CURREN, TIMOTHY GALLAGHER, KENNETH HEMPHILL, JESSE NEELY, AMBER WYSE and SOLOMON WARREN, ) ) ) ) ) on behalf of themselves and all similarly …

Eighth Circuit Greenlights Jail Detainee’s Excessive Force Claim, but Loss at Trial Affirmed on Appeal

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

Filed under: Excessive Force (Police)

Eighth Circuit Greenlights Jail Detainee’s Excessive Force Claim, but Loss at Trial Affirmed on Appeal by Christopher Zoukis by Christopher Zoukis The Court of Appeals for the Eighth Circuit reversed a district court’s ruling that held a jail detainee’s excessive force and assault and battery claims could not go forward. …

J.G. V. Arnott, MO, Judgement, Search of Transgender Woman in Jail, 2017

Brief • September 29, 2017

Filed under: Guard Misconduct, Gay/Lesbian, Searches, Strip Searches, Arrestee Searches, Body Cavity Searches, Conditions of Confinement, Guards/Staff

J.G. V. Arnott, MO, Judgement, Search of Transgender Woman in Jail, 2017 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION J.G., ) ) ) ) ) Case No.: 16-03347-CV-S-REL ) ) ) ) Plaintiff, v. JAMES ARNOTT, et al., Defendants. JUDGMENT Pursuant to Federal …

Washington v. Denney, MO, Order to Amend Policy, Smoking, 2017

Brief • September 21, 2017

Filed under: Respiratory, Smoking

Washington v. Denney, MO, Order to Amend Policy, Smoking, 2017 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ECCLESIASTICAL DENZEL WASHINGTON, Plaintiff, v. LARRY DENNEY, et al. Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 14-CV-06118-SJ-NKL STIPULATED ORDER ON PLAINTIFF’S MOTION …

Eighth Circuit: Pepper Spraying Prisoner's Genitals Not Excessive Force

Article • September 1, 2017

Filed under: Eighth Amendment, Pepper Spray/Tear Gas, Control Units/SHU/Solitary Confinement

Eighth Circuit: Pepper Spraying Prisoner's Genitals Not Excessive Force by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eighth Circuit has affirmed a district court's finding that a Missouri prison guard did not use excessive force when he pepper sprayed a prisoner four times, including …

Missouri Prisoner’s IRA May be Seized for Incarceration Costs

Article • August 30, 2017 • from PLN September, 2017

Filed under: Seizure of Prisoner Funds, ERISA

Missouri Prisoner’s IRA May be Seized for Incarceration Costs by The Missouri Court of Appeals has held that a trial court erred as a matter of law in finding that a federal statute pre-empted the Missouri Incarceration Reimbursement Act (MIRA) and precluded attachment of a prisoner’s Individual Retirement Account (IRA). …

Gasga v. Precythe, MO, Class Action Complaint, Parole, 2017

Brief • August 14, 2017

Filed under: Parole Board Misconduct, Class Certification, Parole, Parole Conditions

Gasga v. Precythe, MO, Class Action Complaint, Parole, 2017 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI STEPHANIE GASGA, MILDRED CURREN, ) TIMOTHY GALLAGHER, KENNETH HEMPHILL, ) JESSE NEELY and AMBER WYSE, ) ) on behalf of themselves and all similarly ) situated individuals, ) ) …

Eighth Circuit Rejects Qualified Immunity on Inadequate Nutrition Claim

Article • July 28, 2017 • from PLN August, 2017

Filed under: Food, Qualified Immunity

Eighth Circuit Rejects Qualified Immunity on Inadequate Nutrition Claim by On June 13, 2016, the Eighth Circuit affirmed a district court’s denial of qualified immunity to several defendants on a civilly-committed sex offender’s inadequate nutrition claim. Thomas Ingrassia was civilly committed to the Missouri Sexual Offender Rehabilitation and Treatment Services …

Postawko v. Missouri DOC, MO, Order Certifying Class Certfification, 2017

Brief • July 26, 2017

Filed under: Corizon, Hepatitis, Failure to Treat

Postawko v. Missouri DOC, MO, Order Certifying Class Certfification, 2017 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION MICHAEL POSTAWKO, et al., Plaintiffs, v. MISSOURI DEPARTMENT OF CORRECTIONS, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) No. 2:16-cv-04219-NKL …

Davis v. Tenet Health System, MO, Settlement, Wrongful Death Thrombosis, 2017

Brief • July 21, 2017

Filed under: Medical Misconduct, Blood, Failure to Treat, Medical Neglect/Malpractice

Davis v. Tenet Health System, MO, Settlement, Wrongful Death Thrombosis, 2017 0' ~ 0 IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS STATE OF MISSOURI DOROTHY DA VIS, ) ) Plaintiff, vs. TENET HEALTl-I SYSTEM SL, INC., ct al. Defendants. ) Cause No. 1222-CC I 0603 ) ) …

Newman v. Missouri Department of Corrections, MO, Complaint, Sexual Harrassment, 2017

Brief • July 17, 2017

Filed under: Sexual Harassment

Newman v. Missouri Department of Corrections, MO, Complaint, Sexual Harrassment, 2017 IN THE 19TH CIRCUIT COURT OF COLE COUNTY STATE OF MISSOURI KATHLEEN NEWMAN Plaintiff, vs. MISSOURI DEPARTMENT OF CORRECTIONS, Serve: 2729 Plaza Drive Jefferson City, MO 65102 MICHAEL REDMON, Serve: 126 Marshall St. Jefferson City, MO 65101 JAMES MCKEE, …

Ferguson v. Short, MO, Judgment, Wrongful Conviction, 2017

Brief • July 11, 2017

Filed under: Police Misconduct, Wrongful Conviction, Wrongful Imprisonment

Ferguson v. Short, MO, Judgment, Wrongful Conviction, 2017 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI RYAN FERGUSON, Plaintiff, v. ) ) ) ) ) Case No. 14-04062-CV-C-NKL ) JOHN SHORT, et al., Defendants. ) ) ) JUDGMENT IN A CIVIL CASE ___ Jury Verdict. This …

Eighth Circuit Declines to Block Subpoena Requiring Missouri to Disclose Identities of Execution Drug Suppliers

Article • June 30, 2017 • from PLN July, 2017

Filed under: Medication, Death Penalty, Death Row

Eighth Circuit Declines to Block Subpoena Requiring Missouri to Disclose Identities of Execution Drug Suppliers by Lonnie Burton by Lonnie Burton Richard Jordan and Ricky Chase, on death row in Missouri, challenged lethal injection as an execution method by contending it was cruel and unusual punishment in violation of the …