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Article • February 15, 2014 • from PLN February, 2014
Deliberate Indifference Medical Claim Accrues Upon Discovery of Injury and its Cause by The Seventh Circuit Court of Appeals has articulated a rule for determining when a prisoner’s claim of deliberate indifference to a serious medical need accrues. In so doing, the Court reversed an Indiana federal district court’s dismissal …
Criminal Background Checks Criticized for Incorrect Data, Racial Discrimination by Derek Gilna A July 2013 study by the National Employment Law Project (NELP) found that widespread errors in FBI arrest data – which is increasingly relied upon by employers conducting criminal background checks – has reached alarming proportions. According to …
Article • February 15, 2014 • from PLN February, 2014
Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity by The Tenth Circuit has affirmed the denial of qualified immunity to a warden in a civil rights action that alleged he created and allowed a policy or culture of sexual misconduct and failed to take reasonable measures to abate that …
Article • February 15, 2014 • from PLN February, 2014
Ninth Circuit Upholds Six-Day Contraband Watch Conditions by A divided panel of the Ninth Circuit Court of Appeals has held that California prison officials are entitled to qualified immunity on a prisoner’s claim that the conditions of a six-day contraband watch – which included 24-hour lighting, the absence of a …
Article • February 15, 2014 • from PLN February, 2014
Reflections on the No More Jails Campaign in Champaign County, Illinois by James Kilgore When we began our campaign to stop jail construction in Champaign County, Illinois in early 2012, I thought we were doomed. The grand plan to spend $20 million on this project seemed like a done deal. …
Article • February 15, 2014 • from PLN February, 2014
Ninth Circuit Questions Constitutionality of Requiring Jail Prisoners to Wear Pink Underwear by Matthew Clarke by Matt Clarke On March 7, 2012, the Ninth Circuit Court of Appeals issued a decision in which it questioned the constitutionality of a Maricopa County, Arizona jail policy that requires male pretrial detainees who …
Article • February 15, 2014 • from PLN February, 2014
Pennsylvania Jail Official Indicted for Groping Co-workers by Christopher Zoukis Ronald Edward Lensbouer, 44, the Chief Corrections Officer at a jail in Somerset County, Pennsylvania, faces charges of indecently assaulting two female guards at the facility. According to court records, Lensbouer was charged on June 5, 2013 in two separate …
Article • February 15, 2014 • from PLN February, 2014
Solitary Confinement’s Invisible Scars by Five Oman Mualimm-ak I spent more than five years of my sentence in “the box,” for trivial violations. It’s time we saw this casual abuse for what it is: torture. by Five Oman Mualimm-ak As kids, many of us imagine having superpowers. An avid comic …
Confronting Prison Slave Labor Camps and Other Myths by James Kilgore There are moments when our longings for social justice cloud our vision, times when the way we want the world to be blocks our understanding of the way things really are. A good example of this is the notion …
Article • February 15, 2014 • from PLN February, 2014
Possession of Rape Video Warrants Restitution; Victim Awarded Over $1 Million Thus Far; Supreme Court Grants Cert. by When she was a little girl, Amy’s uncle videotaped himself raping her, then shared the video with other pedophiles. Now in her 20s, Amy (a pseudonym) is seeking restitution from everyone who …
Article • February 15, 2014 • from PLN February, 2014
Filed under: Sentencing, Three Strikes
California: Felons with Prior Juvenile Strikes Excluded from County Jail Placement Under Realignment Act by The California Court of Appeal held on March 20, 2013 that a prisoner whose prior record includes a juvenile adjudication for a serious or violent felony may not receive a county jail commitment, even if …
Article • February 15, 2014 • from PLN February, 2014
PA Prison Lieutenant Fired After Assisting in Criminal Investigation by A former Pennsylvania prison lieutenant might now have a better understanding as to why many prisoners refuse to assist in criminal investigations. In January 2011, Lt. Vincent Schaffer, 45, then a unit manager in F Block at SCI-Pittsburgh, was approached …
Article • February 15, 2014 • from PLN February, 2014
PLN Settles Censorship Suit Against Texas County Jail for $175,000 by In December 2013, Prison Legal News settled a federal lawsuit against Upshur County, Texas that alleged unconstitutional censorship when PLN’s publications were rejected by jail officials. The suit, filed in October 2012, named the county, Sheriff Anthony Betterton and …
Article • February 15, 2014 • from PLN February, 2014
Prisoner Assaulted in Tennessee Jail Settles Suit for $530,000 by Derek Gilna Curtis Dressman, a former pre-trial detainee, has settled his § 1983 lawsuit against jail officials in Nashville, Tennessee after a judge denied the jail’s motions for summary judgment. The district court found that Dressman had “a clearly established …
Iowa: Bad Faith or Misconduct can Overcome Mental-Process Privilege in Disciplinary Case by The Iowa Supreme Court has held that administrative law judges (ALJs) in the Department of Corrections (DOC) are entitled to assert the mental-process privilege in an Office of Ombudsman investigation, but that privilege may be overcome upon …
Article • February 15, 2014 • from PLN February, 2014
Short-term Deprivation of Toilet Paper Does Not Violate Detainee’s Rights by The Eighth Circuit Court of Appeals has held that denial of toilet paper to a pretrial detainee for a short period of time does not violate the Fourteenth Amendment. The ruling reversed a district court’s order which had concluded …
Article • February 15, 2014 • from PLN February, 2014
New Trial Granted in Jail Strip Search Case Following Jury Verdict; $385,000 Settlement by Matthew Clarke On March 7, 2011, an Iowa federal district court granted a motion for a new trial after a jury awarded $259,155 to a woman who was improperly strip searched when she was arrested and …
Article • February 15, 2014 • from PLN February, 2014
Filed under: Sentencing
California: State Prisoner Cannot Serve Concurrent Sentence in County Jail by On February 15, 2013, the California Court of Appeal held that when a sentence that otherwise would have been served in a county jail is ordered to run concurrent to a sentence already being served in state prison, the …
Article • February 15, 2014 • from PLN February, 2014
Filed under: Commentary/Reviews, Reviews
Arrested: What to do When Your Loved One’s in Jail, by Wes Denham by John Dannenberg (Chicago Review Press, 2010). 263 pages (paperback), $16.95. Book review by John E. Dannenberg Arrested: What to do When Your Loved One’s in Jail is a detailed “how-to” manual for educating the uninformed about …
California: Sexually Violent Predator Entitled to Jury Trial on Petition Seeking Conditional Release by The California Court of Appeal has reversed the denial of a petition for conditional release filed by a sexually violent predator (SVP) who had received a psychological evaluation indicating that conditional release would be in his …
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