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Article • November 1, 2021 • from PLN November, 2021
Sixth Circuit Holds Court Lacked Jurisdiction to Rule on Summary Judgment in Retaliation Suit by BOP Prisoner by Walter Himmelreich was a prisoner at the Federal Correctional Institution in Elkton, Ohio for one count of producing child pornography on October 20, 2008, when he was assaulted by another prisoner, Peter …
Article • November 1, 2021 • from PLN November, 2021
Filed under: Prison Labor, Escapes
California Fire Crew Prisoner’s Escape Attempt Leaves Trail of Destruction by A California prisoner who tried to escape in a stolen fire truck left “half a block of destruction.” He was caught shortly after he tried to carjack another vehicle. On July 5, 2021, the prisoner was working on the …
Article • November 1, 2021 • from PLN November, 2021
$8.6 Million Award Against Wexford for Deliberate Indifference to Prisoner’s Kidney Cancer by An Illinois prisoner was awarded $11 million by a federal jury in a lawsuit alleging doctors with Wexford Health Sources, Inc. (Wexford), were deliberately indifferent to his serious medical needs by failing to treat his kidney cancer. …
Article • November 1, 2021 • from PLN November, 2021
$170,000 Settlement By New Jersey DOC in Transgender Lawsuit With New Policy 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 transgendered or of any non-binary sexual orientation. As …
Article • November 1, 2021 • from PLN November, 2021
$23,000 Settlement Against Pennsylvania Dental Healthcare Company for Inadequate Dental Care by Charles Talbert settled with Correctional Dental Associates (CDA) and Dental Practitioner Dr. Schneider for $23,000 in a lawsuit brought by him for inadequate dental treatment while housed in the Philadelphia Department of Prisons (PDP). While being held in …
Article • November 1, 2021 • from PLN November, 2021
Second Circuit Reversed Dismissal of Former BOP Prisoner’s FTCA Claim Against Dentist by David Reutter by David M. Reutter The Second Circuit Court of Appeals reversed the dismissal of a former federal prisoner’s complaint brought pursuant to the Federal Tort Claims Act (FTCA). The court concluded that a state rule …
Article • November 1, 2021 • from PLN November, 2021
Indiana Prisoner Entitled to Credit Time During Period of Erroneous Liberty by David Reutter by David M. Reutter The Indiana Supreme Court held that a prisoner who was erroneously released early “is entitled to credit time as if he were still incarcerated during the period he was erroneously at liberty.” …
Article • November 1, 2021 • from PLN November, 2021
Filed under: Settlements, Overdetention
$731,000 Jury Award to Illinois DOC Prisoner Held 23 Months Beyond Release Date, Over $210k in Fees Awarded As Well by David Reutter by David M. Reutter An Illinois federal district court found that a prison records clerk deprived a former prisoner of his liberty and caused him to serve …
Article • November 1, 2021 • from PLN November, 2021
Eighth Circuit Clarifies Legal Standards for Conditions-of-Confinement Lawsuits Brought by Civilly-Committed Sex Offenders by Matthew Clarke by Matt Clarke On February 21, 2021, the United States Court of Appeals for the Eighth Circuit issued an opinion clarifying the legal standards to be applied to lawsuits over conditions of confinement brought …
Article • November 1, 2021 • from PLN November, 2021
Filed under: Voting Rights
Prisoner Voting Population Grows as Illinois Bill Extends Polling Sites to County Jails by The push to restrict voting rights and limit access to polling locations has gained momentum in the past several months. Advancing the false claims of excessive fraud and a rigged election by former President Donald Trump, …
Article • November 1, 2021 • from PLN November, 2021
Filed under: News in Brief
News in Brief by California: A guard at San Quentin State Prison and one of two outside co-conspirators were arraigned on September 8, 2021, on federal charges they smuggled cellphones to an unnamed prisoner on death row at the California lockup. According to a statement by the U.S. Department of …
Article • November 1, 2021 • from PLN November, 2021
Massachusetts Department of Corrections Sued Over Use of “Fake” Drug Tests on Legal Mail by Casey Bastian by Casey J. Bastian The Massachusetts Department of Corrections (DOC) has been knowingly using drug tests described by plaintiff’s lawyers as “fake” on legal mail to both interfere with attorney/client communications and impose …
Article • November 1, 2021 • from PLN November, 2021
Filed under: Summary Judgment, Sanctions
Seventh Circuit: Local Rules Requiring Specific Filings to Summary Judgments Should Not be Used as a Sanction by Dale Chappell by Dale Chappell Providing an example of how the rules apply to everyone—even pro se prisoners—the US Court of Appeals for the Seventh Circuit upheld the motion of summary judgment …
Article • November 1, 2021 • from PLN November, 2021
Michigan DOC Eases Up on Pregnant Prisoners, Limits Shackles and Solitary Confinement by Chuck Sharman by Chuck Sharman Under a new policy announced on October 19, 2021, pregnant prisoners held by the Michigan Department of Corrections (MIDOC) will be restrained less and will also have more time to spend with …
Article • November 1, 2021 • from PLN November, 2021
D.C. Federal Court Rules District Providing Unlawfully Inadequate Education to Incarcerated Youth with Disabilities, Grants Preliminary Injunction by Matthew Clarke by Matt Clarke On June 16, 2021, a federal court in the District of Columbia (D.C.) provisionally certified a class of disabled youth incarcerated in D.C. jails who were not …
Article • November 1, 2021 • from PLN November, 2021
Filed under: Staffing
Wisconsin Feels Effects of Staffing Shortage in State Prisons by Kevin Bliss by Kevin Bliss Staffing shortages in Wisconsin’s maximum security prison, Waupun Correctional Facility, prompted the Wisconsin Department of Corrections (WDOC) in June of 2021 to ask for guards at the state’s other prisons to voluntarily report to Waupun …
Article • November 1, 2021 • from PLN November, 2021
First Prisoner Elected to Hold Public Office in Washington DC by Kevin Bliss by Kevin Bliss Joel Castón, 44, a prisoner of the District of Columbia Jail, may be the first incarcerated elected official in the nation. He won the special election June 15, 2021 for the Ward 7 Advisory …
Article • November 1, 2021 • from PLN November, 2021
$72,000 Settlement Over Corizon’s Lack of Medical Treatment to Injured Arizona Prisoner by Matthew Clarke by Matt Clarke On August 8, 2020, Corizon Health, Inc. agreed to pay $20,000 to settle its part of a federal lawsuit brought by an Arizona prisoner who suffered a partial foot amputation after Corizon …
Article • November 1, 2021 • from PLN November, 2021
Eleventh Circuit Upholds Immunity of Federal Prison Guards Under FTCA, Even for Blatant Unconstitutional Acts by Dale Chappell by Dale Chappell In a move that surprised few, the U.S. Court of Appeals for the Eleventh Circuit went against the grain of almost every other court and held on June 9, …
Article • November 1, 2021 • from PLN November, 2021
Weeks Without a Shower: Neglect Defines COVID-19 Containment in California Jails by Brian Osgood Incarcerated people have been denied basic services in the name of fighting the virus, exacting a heavy psychological toll. by Brian Osgood, The Intercept Michael Pitre spent Christmas Eve in a frigid cell in the Sacramento …
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