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Article • April 3, 2017 • from PLN April, 2017
Ninth Circuit: “Debatable” Constitutionality Requires Qualified Immunity by The Ninth Circuit Court of Appeals held that prison officials were entitled to qualified immunity for refusing to surgically repair a prisoner’s umbilical hernia because it was “debatable” whether they had complied with the Eighth Amendment. Washington state prisoner Fleet Hamby suffered …
Fourth Circuit Reinstates Prisoner’s Lawsuit Over Coerced Penis Surgery by Lonnie Burton by Lonnie Burton On June 7, 2016, a unanimous panel of the Court of Appeals for the Fourth Circuit partially reinstated a lawsuit brought by a West Virginia state prisoner who claimed prison officials had coerced him to …
BOP Potentially Liable for Valley Fever Outbreak at Privately-run California Prison by Lonnie Burton by Lonnie Burton On May 20, 2016, the U.S. Court of Appeals for the Ninth Circuit reinstated lawsuits filed by two federal prisoners who had sued the government and two prison contractors for failing to protect …
Article • April 3, 2017 • from PLN April, 2017
Lawsuit Claims Ohio Jail Guards Raped, Tortured Female Prisoner by According to a lawsuit filed on January 27, 2017, a woman incarcerated at the Warren County, Ohio jail in May 2013 was “so desperate for help she attempted to write on the cell wall, in her own blood, ‘God, please …
Fee Award in Arizona Prison Healthcare Suit Helps Fund Legal Services for Immigrant Detainees, ACLU by Joe Watson by Joe Watson A law firm that helped represent Arizona prisoners pro bono in a lawsuit against the state’s Department of Corrections (ADC) over substandard medical treatment is using the attorneys’ fees …
Article • April 3, 2017 • from PLN April, 2017
Settlement in Baltimore Prison Conditions Class-Action Suit by The Maryland Department of Public Safety and Correctional Services (MDPSCS) agreed to a settlement in a class-action suit challenging conditions of confinement and the provision of medical care at the Baltimore City Detention Center (BCDC). The case encompassed BCDC and the Women’s …
Article • April 3, 2017 • from PLN April, 2017
NY State Prisoner Settles Case Over DOC’s Denial of Hepatitis C Treatment by Derek Gilna by Derek Gilna Adam Corris, incarcerated at the Gouverneur Correctional Facility in New York, filed a federal civil rights lawsuit in 2015 claiming that he had been diagnosed with hepatitis C but prison staff wrongfully …
Article • April 3, 2017 • from PLN April, 2017
$50,000 Jury Award in South Carolina Prisoner’s Failure to Protect Suit by A South Carolina federal jury awarded $50,000 to a prisoner in a civil rights action alleging a guard failed to intervene when he was attacked by other prisoners. Lavadre D. Butler, 35, claimed that while incarcerated at the …
Article • April 3, 2017 • from PLN April, 2017
Two Alabama State Court Judges Disciplined by David Reutter by David M. Reutter Almost 35 years after the U.S. Supreme Court outlawed “debtors’ prisons” – in which defendants are threatened with jail if they fail to pay fees and fines – courts continue to struggle to follow the ruling. The …
Article • April 3, 2017 • from PLN April, 2017
Pennsylvania: Compassionate Release Reforms Fail to Achieve Aim by David Reutter by David M. Reutter Despite a 2008 change in state law intended to make it easier for Pennsylvania prisoners to be granted compassionate release, it is still rare for such releases to be granted. In 1971, shortly after turning …
Article • April 3, 2017 • from PLN April, 2017
Report Presents Bleak Analysis of BOP Medical Bureaucracy by Derek Gilna by Derek Gilna The Federal Bureau of Prisons (BOP) is arguably a failed institution, and that fact is no more obvious than in the substandard medical care it provides to the prisoners in its custody. Although the BOP’s bloated …
Article • April 3, 2017 • from PLN April, 2017
Filed under: Medication, Death Row
Arizona DOC Invites Attorneys to Provide Execution Drugs for Their Clients by On February 15, 2017, The Guardian reported that the state of Arizona had unveiled a controversial new death penalty plan. A provision of the state’s execution protocol now invites attorneys representing death row prisoners to provide prison officials …
Article • April 3, 2017 • from PLN April, 2017
Filed under: Tuberculosis
New Treatment Regimen for Latent TB Shows Promise by Prisoners constitute less than one percent of the nation’s population, yet according to statistics published by the Centers for Disease Control (CDC), they account for up to 6% of tuberculosis (TB) cases reported in the United States. [See: PLN, Aug. 2007, …
28 Days in Chains by Christie Thompson and Joseph Shapiro by Christie Thompson and Joseph Shapiro, The Marshall Project On February 3, 2011, corrections officers at Lewisburg federal penitentiary in rural Pennsylvania arrived outside Sebastian Richardson’s cell door. With them was a man looking agitated and rocking back and forth. He …
Kennedy v. Garrett, IL, Merit Review, Excessive Force and Retaliation, 2017 .,, 3:16-cv-03332-JES # 10 Page 1 of 8 ,rt I E-FILED Monday, 03 April, 2017 10:56:00 AM Clerk, U.S. District Court, !LCD UNITED STATFS DISTRICT COURT CENfRALDISTRICTOFaLINOIS RAFAELKENNEDY, Plaintiff, SGT. GARREIT, etal., Defendants ) ) } ) ) ) …
Brief • March 30, 2017
Filed under: Failure to Treat
Harris v. Calloway, IL, Complaint, Denial of Medical Care, 2017 2:17-cv-02075-MMM-JEH Filed: 03/30/17 UNITED STATES# 1DISTRICT COURT Page 1 of 11 E-FILED CENTRAL DISTRICT OF ILLINOIS Thursday, 30 March, 2017 11:53:17 AM URBANA DIVISION Clerk, U.S. District Court, ILCD LARRY G. HARRIS, N-57672, ) Plaintiff, ) ) -vs- WARDEN VICTOR …
Sharbaugh v. Beaudry, FL, Memo in Opposition to MSJ (2017) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA (Pensacola) RUSSELL K. SHARBAUGH, Plaintiff, : No. 3:16-CV-126 : : Chief Judge M. Casey Rodgers : Magistrate Judge Elizabeth M. Timothy : : CIVIL ACTION – LAW : …
Gaffney v. Corizon Health, et al., FL, settlement, herniated disc, 2017
Article • March 29, 2017
California Health Care Facility Found Deficient and Unconstitutional by Gary Hunter In July 2013, at a cost of $840 million, the California Health Care Facility (CHCF) opened its doors for the purpose of providing care for over 1,800 prisoners. Less than a year later, in February 2014, a court-appointed overseer …
Hamilton v. Vannoy, LA, Complaint, Prolonged Solitary Confinement for Death Row Prisoners, 2017 Case 3:17-cv-00194-SDD-RLB Document 1 03/29/17 Page 1 of 38 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ------------------------------------------------------------------------X MARCUS HAMILTON; WINTHROP EATON; and : MICHAEL PERRY, on their own behalf, and on behalf : of a class …
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