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Article • November 30, 2022 • from PLN December, 2022
ACH Settles After Federal Jury Awards $8.5 Million in Suit Over Missouri Detainee’s Death by Benjamin Tschirhart by Benjamin Tschirhart In August 2022, private jail medical provider Advanced Correctional Healthcare (ACH) settled with the estate of a Missouri pretrial detainee who died of lung cancer after being refused medical attention …
Article • November 30, 2022 • from PLN December, 2022
‘Plainly Grossly Inadequate’: Federal Court Finds Arizona Prison Healthcare Deliberately Indifferent to Prisoners’ Risk of Serious Harm by Matthew Clarke by Matt Clarke On June 30, 2022, the federal court for the District of Arizona found that the healthcare state prisoners get is frankly awful — unconstitutionally so. As is …
Article • November 30, 2022 • from PLN December, 2022
Settlement Extended Again After Federal Judge Faults California Prisons for Using Snitches in Solitary and Parole Procedures by Jacob Barrett by Jacob Barrett On February 24, 2022, the federal court for the Northern District of California granted another 12-month extension to a 2015 settlement. That agreement was made between the …
Article • November 30, 2022 • from PLN December, 2022
Filed under: Editorials
From the Editor by Paul Wright by Paul Wright Welcome to the last issue of PLN for the year. This month’s cover story reports the landmark court ruling in Parsons v. Ryan —  now known as Jensen v. Shinn —  the class-action lawsuit over inadequate medical care and conditions of …
Article • November 30, 2022 • from PLN December, 2022
Oregon Supreme Court Holds Corizon Health and Other Jail Contractors Liable Under State Disability Rights Laws by Mark Wilson by Mark Wilson On June 3, 2022, the Oregon Supreme Court ruled that private companies providing services in jails and prisons are liable under state disability rights laws — even though …
Article • November 30, 2022 • from PLN December, 2022
Colorado Prisoner Targeted by Gangs Wins Injunction for Placement in Protective Custody by David Reutter by David M. Reutter Finding a Colorado state prisoner was in grave danger from gang members he’d testified against in a murder investigation, the federal court for the District of Colorado enjoined the state Department …
Eighth Circuit Strands Missouri Prisoners Sentenced to Life Without Parole as Juveniles in ‘Opaque’ Review Process by Douglas Ankney by Douglas Ankney On August 30, 2022, the U.S. Court of Appeals for the Eighth Circuit held that Missouri’s parole review process does not violate the constitutional rights of prisoners who …
Article • November 30, 2022 • from PLN December, 2022
Cages in the Coalfields by Judah Schept A growing carceral state has slowly replaced the coal industry in large swaths of Central Appalachia. But even here, a different future is possible. by Judah Schept Mitch Whitaker wants to be able to hunt with his birds. A certified “master falconer,” he …
Fourteen Officials Indicted in New Jersey Women’s Prison Abuse Scandal, $21 Million Class-Action Settlement Reached by Ashleigh Dye by Ashleigh N. Dye On September 27, 2022, a New Jersey grand jury indicted 14 officials at Edna Mahan Correctional Facility (CF), the state’s only women’s prison. It was the latest fallout …
Article • November 30, 2022 • from PLN December, 2022
Pennsylvania County Retakes Control of Jail From GEO Group by Keith Sanders by Keith Sanders On April 6, 2022, Pennsylvania’s Delaware County assumed control of its jail for the first time in 24 years, after terminating its contract with the Florida-based GEO Group. Prior to that, the 1,800-bed George W. …
Article • November 30, 2022 • from PLN December, 2022
$2.57 Million Settlement for Hogtying Death in NC Police Custody by Eike Blohm, MD by Eike Blohm, MD On October 20, 2022, a federalcourt in North Carolina approved a settlement obligating the City of Greensboro to pay $2.57 million for the wrongful death of a mentally ill man, after city …
Article • November 30, 2022 • from PLN December, 2022
Class Certified in ‘Orange Crush’ Shakedown Lawsuit by Illinois Prisoners by David Reutter by David M. Reutter On May 5, 2022, the U.S. Court of Appeals for the Seventh Circuit certified a class of Illinois prisoners in a suit accusing officials in the state Department of Corrections (DOC) of conducting …
Article • November 30, 2022 • from PLN December, 2022
Ninth Circuit Tells Nevada DOC: ‘Wait and See’ Prisoner Medical Care Can’t Become ‘Deny and Delay’ by David Reutter by David M. Reutter On May 4, 2022, the U.S. Court of Appeals for the Ninth Circuit affirmed denial of qualified immunity (QI) to Nevada prison officials who “never deviated from …
Article • November 30, 2022 • from PLN December, 2022
Filed under: Exposure to Heat
North Carolina Prisoners Languish Without Air Conditioning by Kevin Bliss by Kevin W. Bliss The North Carolina General Assembly approved a $30 million budget to air condition all state prisons in late 2021, but none of it had been spent by May 2022. That left about 15,400 of some 37,000 …
Article • November 30, 2022 • from PLN December, 2022
Filed under: PLRA, Dismissal
Eighth Circuit Says Judge Dismissing Claim of Federal Prisoner in Arkansas Was Premature in Counting It a PLRA ‘Strike’ by Matthew Clarke by Matt Clarke On January 12, 2022, the U.S. Court of Appeals for the Eighth Circuit said a lower court erred in declaring that a federal prisoner’s dismissed …
Article • November 30, 2022 • from PLN December, 2022
Filed under: Due Process
Federal Judge Says Alaska DOC Policy Rejecting Prisoner Mail Without Notice Violates Due Process by Mark Wilson by Mark Wilson Can a prisoner’s mail be rejected without any notice whatsoever? Not without violating his Fourteenth Amendment due process rights. That was the decision of a federal court in Alaska on …
Article • November 30, 2022 • from PLN December, 2022
Filed under: PLRA, Dismissal
Eleventh Circuit Says No PLRA ‘Strike’ for Dismissal of Case Removed From State to Federal Court by David Reutter by David M. Reutter On January 25, 2022, the U.S. Court of Appeals for the Eleventh Circuit held that a prisoner who loses a federal lawsuit does not earn a “strike” …
Article • November 30, 2022 • from PLN December, 2022
Filed under: Damages, Public Records
Prisoners Awarded Damages for Denial of Public Records by Ohio Prison Officials by David Reutter by David M. Reutter On June 1, 2022, the Supreme Court of Ohio rejected the argument of state prison officials that copies of a prisoner’s “kites” — informal complaints, grievances and appeals — are exempt …
Article • November 30, 2022 • from PLN December, 2022
Tenth Circuit Revives Suit Against Colorado Jail Guard in Death of Mentally Disabled Detainee by David Reutter by David M. Reutter On May 25, 2022, the U.S. Court of Appeals for the Tenth Circuit reinstated a claim against a guard at Colorado’s Mesa County Detention Facility (MCDF) in the death …
Article • November 30, 2022 • from PLN December, 2022
California Pays $3.5 Million to Settle Suit Over State Prisoner’s Murder by Ashleigh Dye by Ashleigh N. Dye On September 24, 2022, the California Department of Corrections and Rehabilitation (CDCR) signed a settlement agreement providing $3.5 million to the heirs of Shaylene Graves, a state prisoner found hanged in her …
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