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Article • December 1, 2021 • from PLN December, 2021
Eighth Circuit Rules District Court Must Use Federal Law for Admissibility of Expert Testimony by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eighth Circuit agreed with Plaintiff Craig Shipp that a district court erred when it failed to rely on federal law in determining the …
Pennsylvania Supreme Court: Illegal Juvenile LWOP Sentence Undermined Validity of Later Conviction by Douglas Ankney by Douglas Ankney  The Supreme Court of Pennsylvania held that an illegal mandatory sentence of life without parole (“LWOP”) imposed upon a juvenile undermined the validity of a later conviction for assault by a life …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Compassionate Release
Too Many In-Custody Deaths of BOP Prisoners are Unnecessary and Preventable by Casey Bastian by Casey J. Bastian William Figueria was imprisoned at Butner, a federal facility in North Carolina. Figueria was 63-years-old, and was serving a 30-month sentence for Distribution of Cocaine Base. On April 20, 2020, Figueria died …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Marijuana Laws/Issues
California Supreme Court: Prisoners Cannot Legally Possess Cannabis by Casey Bastian by Casey Bastian On November 8, 2016, California voters went to the polls to consider whether the Control, Regulate, and Tax Adult Use of Marijuana Act, known as Proposition 64 (Prop64), should be approved. Prop64 was easily passed with …
Article • December 1, 2021 • from PLN December, 2021
Public Records Suit Filed Against Florida DOC To Obtain Formula Used To Compute Sentences by The American Civil Liberties Union (ACLU) of Florida has filed a second public records lawsuit against the state’s Department of Corrections (DOC) to obtain the formulas used to calculate a prisoner’s release date. The first …
Article • December 1, 2021 • from PLN December, 2021
History Professor Fired After Criticizing University’s Racist Past and Pro-Prison Present by Keith Sanders by Keith Sanders Dr. Garrett Felber, a history professor at the University of Mississippi (UM), has distinguished himself over the years as a vocal critic of America’s racist criminological and penological institutions. At conferences and public …
Article • December 1, 2021 • from PLN December, 2021
Civilly Detained Sex Offender Plaintiff Proceeding In Forma Pauperis Not a Prisoner Under PLRA by The Second Circuit Court of Appeals held that “an individual detained pursuant to civil sex offender confinement statute is not a ‘prisoner’ under the PLRA.” The court directed the clerk to reimburse the appellant all …
Article • December 1, 2021 • from PLN December, 2021
Prison Visitors Have Fourth Amendment Right to Refuse Strip Search and Option to Leave Prison by The Ninth Circuit Court of Appeals held that a strip search of a prison visitor without first giving them the option of the leaving the prison was unreasonable under the Fourth Amendment. The court, …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Drug Testing, junk science
Unreliable Drug Tests Standard for Law Enforcement and Prisons by Keith Sanders by Keith Sanders Illicit drugs pose a serious problem for both prisoners and officials inside America’s prisons and jails. To combat smuggling, many state and federal prisons use field test kits to evaluate substances introduced into the facilities. …
Article • December 1, 2021 • from PLN December, 2021
Massachusetts Prisons Pledge to End Solitary by Jayson Hawkins by Jayson Hawkins The Massachusetts Department of Corrections (DOC) surprised many critics with a June 2021 announcement of its intent to eliminate solitary confinement as it currently exists in the state prison system. State Public Safety and Security Secretary Thomas Turco …
Article • December 1, 2021 • from PLN December, 2021
$405,794 Paid by California Prison System for Prisoner Killed by Aryan Brotherhood Cellmate by On November 1, 2021, the California Department of Corrections and Rehabilitation (CDCR) agreed to a settlement under which the state agreed to pay $405,794.06 to the mother of a state prisoner murdered by his cellmate after …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Public Records
Pennsylvania Supreme Court Upholds Sanctions and Award of $118,458 in Attorney Fees Against DOC for Withholding Documents Requested Under Right-to-Know Law by On December 22, 2020, the Pennsylvania Supreme Court upheld a decision of a lower court finding the Pennsylvania Department of Corrections (DOC) acted in bad faith in responding …
Article • December 1, 2021 • from PLN December, 2021
Texas County Jail Cited for Neglecting the Needs of a Pregnant Prisoner by Keith Sanders by Keith Sanders In December, 2020, the Texas Commission on Jail Standards (TCJS) issued a Special Inspection Report detailing the Brazoria County jail’s failure to attend to the nutritional needs of a pregnant prisoner. The …
Article • December 1, 2021 • from PLN December, 2021
Salvation Army Sued for a Failing to Pay Wages to Drug Program Participants by A class action lawsuit alleges that the Salvation Army’s adult drug and alcohol rehabilitation centers and adult rehabilitation programs violate California law by failing to treat participants in those programs as employees. The civil complaint was …
Article • December 1, 2021 • from PLN December, 2021
$170,000 Settlement and New Policy on Gender Identity from Lawsuit Against New Jersey DOC by Jayson Hawkins by Jayson Hawkins The New Jersey Department of Corrections had a policy of housing prisoners according to their gender assignment at birth, regardless of whether they are transgender or of any non-binary sexual …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Settlements, Censorship
Sherburne County, MN, Settles with HRDC for $98,000 Plus New Jail Publications Policy by Chuck Sharman by Chuck Sharman A settlement was reached on May 11, 2021, in a censorship complaint filed in August 2020 against Sherburne County, Minnesota, and its Sheriff, Joel Brott, by the Human Rights Defense Center …
Article • December 1, 2021 • from PLN December, 2021
New Jersey Women’s Prison to Close After Latest Abuse Debacle by Jayson Hawkins by Jayson Hawkins On the night of January 20, 2021, as the nation was buckling beneath the third wave of the COVID-19 pandemic, a cascade of violence was unfolding inside a women’s prison in New Jersey. Prisons …
Article • December 1, 2021 • from PLN December, 2021
Delaware Mother Jailed for Not Paying $177 in Fines, Dies in Custody, Nurse Convicted by Jayson Hawkins Tiffany Reeves, a mother of three, was arrested in October 2018 on two outstanding warrants and detained at the Sussex Correctional Institution, an all-male facility, to await hearings before two judges. One of …
Article • November 1, 2021 • from PLN November, 2021
Georgia Sheriff Suspended After Indictment on Federal Civil Rights Charges by David Reutter by David M. Reutter Clayton County Sheriff Victor Hill was suspended by Georgia Gov. Brian Kemp following the review of a federal civil rights indictment that charged Hill with ordering excessive use of force against detainees. Kemp’s …
Article • November 1, 2021 • from PLN November, 2021
$129,000 Bench Verdict for BOP Prisoner in Failure to Warn of Valley Fever by A California federal district court awarded a federal prisoner $128,624.01 in damages in a lawsuit alleging officials at Federal Correctional Institute (FCI) Safford in Arizona failed to warn him about Valley Fever. The Court’s July 23, …
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