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Sixth Circuit Holds Subjective Prong of Deliberate Indifference Test Inapplicable to Pretrial Detainee’s Claims; Reinstates Lawsuit by Matthew Clarke by Matt Clarke On September 22, 2021, in a case with enormous impact on the way jails may treat pretrial detainees, the U.S. Court of Appeals for the Sixth Circuit decided …
Article • March 1, 2022 • from PLN March, 2022
$638,250 Judgment Against Georgia Jail Guard Who Orchestrated Prisoner’s Beating by Harold Hempstead by Harold Hempstead On November 9, 2021, a federal judge ordered a former guard to pay $638,250 to a prisoner whose beating by fellow prisoners the guard orchestrated at the Newton County Jail in Covington, Georgia, in …
Federal Judge Sanctions Former Arizona DOC Director’s Foot-Dragging Attorneys in Pro Se Prisoner’s Suit by Matthew Clarke by Matt Clarke On January 12, 2022, a federal judge advanced a former Arizona state prisoner one step closer to collecting fees for his own pro se legal work in a suit against …
Article • March 1, 2022 • from PLN March, 2022
$21,525 Awarded by Federal Court to Indiana Prisoner Subjected to Battery by Guard by David Reutter by David M. Reutter A federal district court in Indiana awarded $21,525 to a prisoner on May 30, 2021, after granting partial summary judgment in a civil rights action he filed alleging battery by …
Article • March 1, 2022 • from PLN March, 2022
Third Circuit: Retroactive Application of Amended New Jersey Parole Guidelines May Violate Ex Post Facto Clause by Douglas Ankney by Douglas Ankney On September 22, 2021, the U.S. Court of Appeals for the Third Circuit reversed a district court’s dismissal of a pro se prisoner’s 42 U.S.C. § 1983 complaint, …
Corrections Special Applications Unit Builds a Lucrative National Track Record of Abuse and Torture by J.D. Schmidt by J.D. Schmidt On December 13, 2021, a group of 49 current and former prisoners sued the York County Prison (YCP) in Pennsylvania, along with a contractor hired to train its guards, Corrections …
Massachusetts DOC Fires COVID-19 Mitigation Ombudsman Over Previous Allegations of Document Falsification by On September 22, 2021, Seth Peters, the first person appointed to the newly created position of Ombudsman for Public Health Standards Compliance and COVID-19 Mitigation for the Massachusetts Department of Corrections (DOC), was fired after a Boston …
Second Circuit Holds N.Y. Prisoner’s Short-Term Injury May Qualify As Disability under ADA by Jo Ellen Nott by Jo Ellen Nott On June 30, 2021, the United States Court of Appeals for the Second Circuit rejected a district court’s finding that a New York prisoner’s knee injury did not qualify …
Article • March 1, 2022 • from PLN March, 2022
Seventh Circuit Reinstates Illinois Prisoner’s Suit Over ‘Orange Crush’ Shakedown by David Reutter by David M. Reutter The U.S. Court of Appeals for the Seventh Circuit held on August 25, 2021, that a district court erred in dismissing a state prisoner’s pro se lawsuit by failing to make a finding …
Article • March 1, 2022 • from PLN March, 2022
Dallas County Prisoner Trust Fund Bilked of $700,000 With Faked Debit Release Cards by Jail Employee by On October 19, 2021, auditors for Dallas County, Texas, reported to commissioners that lax oversight allowed an employee in the county Sheriff’s Department (DCSD) to use hundreds of damaged debit-release cards to draw …
Article • March 1, 2022 • from PLN March, 2022
All Writs Act Provides Authority for Medical-Imaging Transport Order for Condemned Ohio Prisoner Challenging His Conviction; Certiorari Granted by David Reutter by David M. Reutter On August 26, 2021, the U.S. Court of Appeals for the Sixth Circuit agreed with a district court that an Ohio state prisoner must be …
Article • March 1, 2022 • from PLN March, 2022
Oregon Prisoners Face Off in Guards’ Legal Fight Over COVID-19 Vaccination Mandate by As of December 1, 2021, just 99 Oregon employees—0.25% of the state’s 40,000 workers, had been fired for violating a mandate that they must be vaccinated against COVID-19. It was unclear how many of those were fired …
Article • March 1, 2022 • from PLN March, 2022
Justice Department Releases Ten-Year Recidivism Study by Matthew Clarke Follows a half-million state prisoners released in 2008 by Matt Clarke From 2016 through 2019, the last years for which reliable data are available, about 10.5 million arrests were made in the U.S. annually. Averaged over a decade, that’s less than …
Article • February 26, 2022
The California Reporting Project: Journalists and Berkeley Students Key to Game Changing Database of Police Misconduct by Jo Ellen Nott by Jo Ellen Nott  A cadre of journalists at six news outlets in California joined together to request police misconduct records after these documents became available to the public with …
Article • February 26, 2022
LEWIS Registry: First Crowd-Sourced Public Database for Police Misconduct by Jo Ellen Nott by Jo Ellen Nott  The LEWIS Registry, the first crowd-sourced public database for police resignations or terminations due to misconduct, honors the legendary civil rights activist Rep. John Lewis who was a victim of police brutality and …
Article • February 26, 2022
Cops, Leave Those Kids Alone: New York Will Not Criminalize Children Under 12 by Jo Ellen Nott by Jo Ellen Nott   New York Governor Kathy Hochul signed a bill in early January of this year protecting children under the age of 12 from arrest and criminal adjudication for virtually all …
Article • February 26, 2022
Armored Car Company Victim of Multiple ‘Highway Robberies’ by Cops Files Federal Lawsuit for Recovery of Seized Cash by Jo Ellen Nott by Jo Ellen Nott  Armored car company Empyreal headquartered in Pennsylvania says “we’re not going to take it anymore” as police departments in Kansas and California have used …
Article • February 25, 2022
California State Senator Introduces Bill to Increase Gate Money Substantially by Jo Ellen Nott by Jo Ellen Nott On February 18, 2022, Democratic California state Sen. Sydney Kamlager introduced legislation to increase the amount of money individuals receive when released from state prisons. These funds, commonly called “gate money,” are …
Article • February 24, 2022
Colorado Bailing Out Private Prison Company on Taxpayers’ Dime by Jo Ellen Nott by Jo Ellen Nott  On January 21, 2022, Colorado lawmakers advanced plans to funnel $5.41 million in additional funds over the next two years to address staffing crises at the state’s only two private prisons, both operated …
HRDC Sues for Records Denied by Sheriff and Jail in Will County, Illinois by Jo Ellen Nott by Jo Ellen Nott The Human Rights Defense Center (HRDC), the nonprofit that publishes Prison Legal News and Criminal Legal News, filed suit in Illinois state court on February 7, 2022, accusing the …
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