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Article • February 1, 2024 • from PLN February, 2024
First Prisoners Released Two Years After Illinois Passed Law to Revisit Excessive Sentences by When Charles Patton, 54, rolled out of Dixon Correctional Center in his wheelchair on July 19, 2023, he was the first Illinois prisoner freed under SB 2129, a re-sentencing measure passed two years earlier. The second …
Article • February 1, 2024 • from PLN February, 2024
Michigan Supreme Court: DOC Owes Attorney Fees in Public Records Case Even if Plaintiff Is Represented Pro Bono by Matthew Clarke by Matt Clarke On July 26, 2023, the Michigan Supreme Court held that journalists seeking release of videos from the state Department of Corrections (DOC) were prevailing parties and …
Article • February 1, 2024 • from PLN February, 2024
Ohio Prisoner Wins $2,000 Settlement for Guard Abuse Claims, Loses Appeal to Uncover Identity of Prison Officials Who Negotiated It by Matthew Clarke Matt Clarke On July 13, 2023, the Supreme Court of Ohio held that a state prisoner who previously settled his excessive force claim against the state Department …
Article • February 1, 2024 • from PLN February, 2024
Misconduct Shades Sexual Assault Suit As Hawaii Settles With Prisoners for $2 Million by Douglas Ankney by Douglas Ankney In a surprising twist to a horrific story, the State of Hawaii agreed on July 27, 2023, to pay six state prisoners whose federal civil rights suit alleged they were sexually …
Third Circuit Revives Claim by Federal Prisoner in Pennsylvania that Delayed Cancer Treatment Cost Him a Testicle by David Reutter by David M. Reutter In a precedential opinion issued on August 21, 2023, the U.S. Court of Appeals for the Third Circuit held that a federal prisoner incarcerated in the …
Publication • January 29, 2024
Filed under: Grievances
OIG Report-CDCR Violated Its Regulation by Redirecting Backlogged Allegations of Staff Misconduct to Be Processed as Routine Grievances, Jan. 2024 OIG Amarik K. Singh OFFICE of the INSPECTOR GENERAL Inspector General Neil Robertson Chief Deputy Inspector General Independent Prison Oversight JANUARY 29, 2024 № SR-23-01 The Department Violated Its Regulations …
Brief • January 16, 2024
HRDC v. Maine County Commissioners Risk Management, ME, Proposed Order, Public Records, 2024 CAPITAL JUDICIAL CENTER AUGUSTA COURTS I COURT STREET, SUITE 101 AUGUSTA, MAINE 04330 II) Ill :3 (.) .,:. Ill 0:: r;:: us POSTAGE P Hic:Y BOWE ~~~ ~f ~~330 $ 000.630 M1 1 :J006068209 JAN 16 2024 …
See No Evil, Hear No Evil, Treat No Evil: Centurion and the Curse of For-Profit Prison Healthcare by J.D. Schmidt by J.D. Schmidt On November 14, 2022, the Florida arm of Centurion Health, one of the nation’s largest private prison and jail healthcare companies, filed a lawsuit in Putnam County …
Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement by On July 17, 2023, the U.S. Court of Appeals for the Second Circuit reversed a lower court’s dismissal of a prisoner’s suit filed in connection with the fire at Sing Sing Correctional Facility …
Misadventures in Mail Censorship by Robert Schaeffer by K. Robert Schaeffer How an incarcerated writer is fighting a sad new normal of censorship and mail obstruction in Pennsylvania prisons This essay originally appeared in Inquest on October 19, 2023. The original can be found at https://inquest.org/misadventures-in-mail-censorship/ From August into September …
Article • January 1, 2024 • from PLN January, 2024
Nearly $75 Million Class-Action Settlement Reached For Delayed Releases from N.Y.C. Jails by On July 12, 2023, the federal court for the Southern District of New York granted final approval to a settlement in a class-action lawsuit alleging detainees in New York City jails were forced to wait three hours …
Article • January 1, 2024 • from PLN January, 2024
Washington Agencies Sanctioned for Discovery Violations Reach $3.1 Million Settlement with Disabled Woman Allegedly Abused at State Sanctioned Home by “Any lawyer practicing in this State should get an uneasy feeling when a request for sanctions is made under controlling case law in Washington,” wrote a King County Superior Court …
Florida Prisoners Not Required to File Rulemaking Petition to Satisfy PLRA Exhaustion Requirement by David Reutter by David M. Reutter On July 31, 2023, the U.S. Court of Appeals for the Eleventh Circuit rejected an argument by the Florida Department of Corrections (DOC) that a state prisoner’s suit should be …
$7.75 Million Paid by San Diego County After Jail Detainee Severely Injured in Fall from Top Bunk by A lawsuit filed in federal court against San Diego County and various jail employees settled on March 20, 2023, for $7.75 million, following four years of litigation. The underlying facts unfolded the …
West Virginia High Court Decides Medical Practice Liability Act Not Applicable to Prison System by David Reutter by David M. Reutter In June 8, 2023, the Supreme Court of Appeals of West Virginia held that the Medical Professional Liability Act (MPLA), W. Va. Code §§ 55-7B-1 to 12, does not apply …
Article • January 1, 2024 • from PLN January, 2024
Seventh Circuit Slams Illinois Civil Commitment Program but Reverses Injunction by “Very weighty interests are at stake when a state institutes a program of civil commitment for sex offenders who, though never tried for or convicted of a crime, are found too dangerous for release.” So began a ruling by …
Eighth Circuit Says Arkansas Prisoner’s Medical Incapacity May Excuse PLRA Exhaustion Failure by As often reported in PLN, the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, imposes numerous requirements on incarcerated litigants—including exhaustion of administrative remedies before filing a lawsuit, by first filing a grievance and seeing it completely …
Nevada Prisoner Wins Injunction Requiring DOC to Provide Exercise Despite Guard Shortage by by Matt Clarke On June 6, 2023, Judge Cristina D. Silva of the federal court for the District of Nevada renewed a preliminary injunction she issued on March 3, 2023, ordering state prison officials to provide prisoner …
Hear Us Now? Hearing Impaired Tennessee Prisoners Secure Injunction by Under the Americans with Disabilities Act (ADA), 42 U.S.C. ch.126 § 12101 et seq., and the Rehabilitation Act, 29 U.S.C. § 701 et seq., prisoners who are deaf or hard of hearing are entitled to reasonable accommodations so they can communicate and …
Brief • December 21, 2023
HRDC v. Maine County Commissioners Risk Management, ME, Order, Public Records, 2023 STATE OF MAINE KENNEBEC, ss. SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-21-131 HUMAN RIGHTS DEFENSE CENTER, ) ) ) ) Plaintiff, ) ORDER V. MAINE COUNTY COMMISSIONERS ASSOCIATION SELF-FUNDED RISK MANAGEMENT POOL, Defendant ) ) ) ) ) …
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