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Article • April 15, 2010 • from PLN April, 2010
Washington State Agrees to Pay $15,000 to Probationer Whose Urine and Blood Were Forcibly Taken from Him by The State of Washington has agreed to pay $15,000 to settle a suit over the forcible taking of urine and blood samples from a Washington probationer. Matthew Arthur was arrested for DUI …
Illinois Prison Doctor Liable for Failing to Treat Testicular Cysts by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals remanded a civil rights action that claimed a prison doctor’s care was deliberately indifferent to an ex-Illinois prisoner’s serious medical needs. The Court, however, affirmed dismissal as …
Texas Court of Appeals Reverses Dismissal of Prisoner’s Retaliation Suit; Second Dismissal Affirmed After Remand by Matthew Clarke by Matt Clarke A Texas Court of Appeals reversed the dismissal of a prisoner’s lawsuit alleging that he suffered retaliation for litigation activities. However, after the case was again dismissed following remand, …
Article • April 15, 2010 • from PLN April, 2010
Oregon Private Jail Guard is “Corrections Officer”; Prisoner’s Assault Conviction Upheld by Mark Wilson The Oregon Court of Appeals affirmed a prisoner’s conviction for assaulting a guard at a private jail, finding that the guard was a “corrections officer” under state law. Oregon’s Supreme Court upheld the decision on review. …
Virgin Island Officials Held in Contempt: Prisoner Mental Health Treatment Inadequate by Matthew Clarke by Matt Clarke A federal district judge has held the Governor, Attorney General and Director of Corrections of the U.S. Virgin Islands and other prison officials in contempt for not correcting inadequate prisoner mental health treatment. …
$862,500 Settlement in Mentally Ill Ohio Jail Prisoner’s Death by A settlement of $862,500 has been reached in the death of a mentally ill prisoner who died at Ohio’s Summit County Jail (SCJ). While acting in a delusional and disoriented manner, Mark D. McCallaugh, 28, was arrested on August 7, …
Ninth Circuit: 42 U.S.C. § 233(a) Does Not Immunize Public Health Service Employees from Bivens Constitutional Tort Claims by John Dannenberg Ninth Circuit: 42 U.S.C. § 233(a) Does Not Immunize Public Health Service Employees from Bivens Constitutional Tort Claims by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals …
NY DOCS Lacks Authority to Administratively Impose PRS – But State’s Liability Uncertain by Mark Wilson New York prison officials lack the authority to require prisoners to serve Post-Release Supervision (PRS) that was not ordered by the sentencing court, according to the Second Circuit Court of Appeals and the Appellate …
California Prison Officials Settle Deliberate Indifference Suit for $12,000 by Michael Brodheim Following mediation in July 2008, Peter Cockcroft, proceeding pro se, agreed to a $12,000 settlement of his § 1983 suit for damages alleging Eighth Amendment violations that transpired between March 2004 and January 2006, when he was a …
Article • April 15, 2010 • from PLN April, 2010
Filed under: Commentary/Reviews, Reviews
The Real Cost of Prisons Comix, by Lois Ahrens, PM Press, 90 pages by Gary Hunter Reviewed by Gary Hunter Three stories, 90 pages, and infinite information about how rampant prison construction is destroying America. That’s what The Real Cost of Prisons Comix brings to the table. The impact of …
Retired New York Supreme Court Justice Sentenced to Prison for Sex Trafficking by David Reutter by David M. Reutter Retired New York Supreme Court Justice Ronald H. Tills, 74, has been sentenced to 18 months in federal prison for a felony charge of transporting prostitutes across state lines (a violation …
Article • April 15, 2010 • from PLN April, 2010
Filed under: Financing, Immigration, News
Crisis in Reverse: Counties Struggle with Dwindling Jail Populations by Gary Hunter Morgan County, Missouri was in dire financial straits before contracting with U.S. Immigration and Customs Enforcement (ICE) to house immigration detainees at the county’s jail. For a while things were great – Sheriff Jim Petty replaced his worn-out …
Florida Jail Prisoner Paralyzed by MRSA Sues Prison Health Services by When Brett A. Fields entered Florida’s Lee County Jail to be booked on charges of criminal mischief, violating an injunction and probation violation, he was a healthy 26-year-old man. Within a month, according to a subsequent lawsuit, he was …
Article • April 15, 2010 • from PLN April, 2010
Indiana DOC Changes Sexually Explicit Publication Policy Due to Class-Action Suit by David Reutter by David M. Reutter The ACLU of Indiana has reached a private settlement agreement with the Indiana Department of Corrections (IDOC) in a class-action lawsuit that challenged a policy prohibiting prisoners from receiving sexually explicit materials …
Article • April 15, 2010 • from PLN April, 2010
Eighth Circuit: Shackling Pregnant Prisoner During Labor Unconstitutional by Matthew Clarke by Matt Clarke On October 2, 2009, the Eighth Circuit Court of Appeals, sitting en banc, held that shackling a pregnant prisoner while she was in labor constituted cruel and unusual punishment in violation of the U.S. Constitution. Shawanna …
Article • April 15, 2010 • from PLN April, 2010
State of Washington Settles Parolee’s Unlawful Detention Suit for $39,695.10 by In February 2008, the state of Washington entered into a stipulated judgment to settle a lawsuit for damages filed in Pierce County Superior Court by Mark Stephen Rice. In settling the suit, which was filed in June 2007, the …
Son, Wife of U.S. Congressmen Get Prison Time by Brandon Sample Jeffrey M. Rush, the son of U.S. Representative Bobby L. Rush (D-Ill.), was sentenced in October 2008 to serve six months behind bars plus three years on probation for having sex with female prisoners at the Fox Valley Adult …
Article • April 15, 2010 • from PLN April, 2010
Death Row Prisoner Loses Suit Challenging BOP’s Ban on Face-to-Face Media Interviews by On January 15, 2008, the Seventh Circuit Court of Appeals held that a jury could conclude the Bureau of Prisons’ (BOP) ban on face-to-face media interviews with death row prisoners was based not on legitimate security threats, …
Article • April 15, 2010 • from PLN April, 2010
$300,000 Settlement in New York City Jail Prisoner’s Slip and Fall Accident by The City of New York paid $300,000 to settle a prisoner’s slip and fall injury. The settlement came after a jury was picked for trial. As prisoner Troy Washington was walking back to his cell at the …
Article • April 15, 2010 • from PLN April, 2010
Arkansas Prisoner Almost Dies After Being Left in Feces by Justin Miller An Arkansas prison guard who had been previously fired and rehired by the state’s prison system was terminated a second time after he was involved in an incident that almost resulted in a prisoner’s death. On June 22, …
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