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Report to Congress - Impact of Fair Sentencing Act 2010, United States Sentencing Commission, 2015

Publication • February 11, 2016

Filed under: Sentencing

Report to Congress - Impact of Fair Sentencing Act 2010, United States Sentencing Commission, 2015 Report to the Congress: Impact of the Fair Sentencing Act of 2010 United States Sentencing Commission Patti B. Saris Chair Charles R. Breyer Vice Chair Dabney L. Friedrich Commissioner Rachel E. Barkow Commissioner William H. …

Settlement Ends Montgomery, Alabama Debtor’s Prison

Article • February 3, 2016 • from PLN February, 2016

Filed under: Discrimination, Probation, Seizure of Prisoner Funds, Bail Bonds

Settlement Ends Montgomery, Alabama Debtor’s Prison by David Reutter Debtor’s prison has come to an end in the city of Montgomery, Alabama. Following a federal district court’s grant of a preliminary injunction requiring the city to correct its unconstitutional practice of jailing people who could not afford to pay fines, …

Equal Justice Initiative Files Suit Over High Levels of Violence at Alabama Prison

Article • December 2, 2015 • from PLN December, 2015

Filed under: Staff-Prisoner Assault, Conditions of Confinement, Guard Brutality/Beatings

Equal Justice Initiative Files Suit Over High Levels of Violence at Alabama Prison by Joe Watson Equal Justice Initiative Files Suit Over High Levels of Violence at Alabama Prison by Joe Watson The Montgomery, Alabama-based Equal Justice Initiative (EJI) filed suit against the Alabama Department of Corrections (ADOC) on October …

Undisclosed Settlement in Alabama Prisoner’s Death from Non-Treatment

Article • November 10, 2015

Filed under: Cardiovascular, Failure to Treat, Failure to Protect (Wrongful Death)

Undisclosed Settlement in Alabama Prisoner’s Death from Non-Treatment by Undisclosed Settlement in Alabama Prisoner’s Death from Non-Treatment The estate of an Alabama prisoner who died of a heart attack received an undisclosed settlement. The lawsuit alleged that the private medical contractor provided inadequate medical treatment. After her probation was revoked …

Prisoner's Suit Dismissed After Court Finds "Three Strikes" Litigant Not in Imminent Danger

Article • November 6, 2015

Filed under: Filing Fees (PLRA), Frivolous Litigation (PLRA), Physical Injury Rule

Prisoner's Suit Dismissed After Court Finds "Three Strikes" Litigant Not in Imminent Danger by Matthew Clarke Prisoner's Suit Dismissed After Court Finds "Three Strikes" Litigant Not in Imminent Danger by Matt Clarke In December 2009, Jeremy Pinson, a federal prisoner serving a 22-year sentence for threatening to kill the president, …

Alabama Supreme Court to Resolve Law Granting Jailer Immunity

Article • October 27, 2015

Filed under: Appeals, Qualified Immunity

Alabama Supreme Court to Resolve Law Granting Jailer Immunity by Alabama Supreme Court to Resolve Law Granting Jailer Immunity The Eleventh Circuit Court of Appeals certified two questions to the Alabama Supreme Court to assist in the application of a state law that provides jailers the same immunity state executive …

Court Reverses Denial of Jail’s Qualified Immunity Defense

Article • October 27, 2015

Filed under: Staff-Prisoner Assault, Staff-Prisoner Harassment, Jail Misconduct, Qualified Immunity

Court Reverses Denial of Jail’s Qualified Immunity Defense by Court Reverses Denial of Jail’s Qualified Immunity Defense On December 23, 2013, the United States Court of Appeals for the Eleventh Circuit held for appellants, the supervisory defendants, in a 42 U.S.C. §1983 suit raised by plaintiff/appellee Cindy Laine Franklin asserting …

Four Alabama Guards Receive Prison Sentences for Beating Prisoner to Death

Article • October 16, 2015

Filed under: Prison/Jail Murders, Guard Brutality/Beatings, Excessive Force (Wrongful Death)

Four Alabama Guards Receive Prison Sentences for Beating Prisoner to Death by David Reutter Four Alabama Guards Receive Prison Sentences for Beating Prisoner to Death by David Reutter An Alabama federal district court sentenced four state prison guards to prison for their actions in the beating death of a prisoner …

Federal Court Releases County Commissioner Convicted of Fraud

Article • October 16, 2015

Filed under: Government Misconduct, Medical, Stroke

Federal Court Releases County Commissioner Convicted of Fraud by David Reutter Federal Court Releases County Commissioner Convicted of Fraud by David Reutter Citing “age (87) and deteriorating health,” an Alabama federal district court reduced the prison sentence of a former county commissioner convicted of corruption. The court reduced the sentence …

JW v. Birmingham Bd. of Education, AL, Findings of Fact - Freeze P in Schools (2015)

Brief • September 30, 2015

Filed under: Medical, Excessive Force, Pepper Spray/Tear Gas, Failure to Train/Supervise, Failure to Protect (Staff), Police, Excessive Force (Police), Fourth Amendment, rights

JW v. Birmingham Bd. of Education, AL, Findings of Fact - Freeze P in Schools (2015) FILED Case 2:10-cv-03314-AKK Document 282 Filed 09/30/15 Page 1 of 120 2015 Sep-30 PM 02:45 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN …

Cell Phones Confiscated from Prisoners Given to Charities

Article • September 25, 2015 • from PLN October, 2015

Filed under: Prisoner Property, Cell Phone Access

Cell Phones Confiscated from Prisoners Given to Charities by Christopher Zoukis Cell Phones Confiscated from Prisoners Given to Charities by Christopher Zoukis Thousands of cell phones seized from prisoners nationwide have been donated to charitable causes, including domestic violence programs and Cell Phones for Soldiers. Cell phones are considered contraband …

News In Brief

Article • September 24, 2015 • from PLN October, 2015

Filed under: News in Brief

News In Brief by Alabama: On April 9, 2013, Kenneth Wayne Patton was arrested on a domestic violence charge. When he arrived at the Etowah County Jail, he informed guards that he used to be employed at the St. Clair Correctional Facility and should be put in protective custody. Despite …

Alabama Supreme Court Dismisses Prisoner’s Money Order Processing Fee Suit

Article • September 18, 2015

Filed under: Seizure of Prisoner Funds, Prisoner Property, Immunity/Liability, Sovereign Immunity

Alabama Supreme Court Dismisses Prisoner’s Money Order Processing Fee Suit by Alabama Supreme Court Dismisses Prisoner’s Money Order Processing Fee Suit The Supreme Court of Alabama restyled then dismissed the pro se appeal of the circuit court’s dismissal of prisoner Victor J. Russo’s action against the Alabama Department of Corrections …

Foster v. City of Alexander City, AL, Complaint, Debtors Prison, 2015

Brief • September 8, 2015

Filed under: Money/Property

Foster v. City of Alexander City, AL, Complaint, Debtors Prison, 2015 I I IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA . NORTHERN DIVISION ··, ·~<,~.?· D' ANGELO FOSTER and AMANDA UNDERWOOD, on behalf of themselves and those similarly situated, Plaintiffs, COMPLAINT v. CITY OF ALEXANDER …

Alabama: Settlement to Integrate HIV-Positive Prisoners Finalized

Article • August 29, 2015 • from PLN September, 2015

Filed under: Discrimination, HIV/AIDS, Res Judicata

Alabama: Settlement to Integrate HIV-Positive Prisoners Finalized by David Reutter Alabama: Settlement to Integrate HIV-Positive Prisoners Finalized by David M. Reutter An Alabama federal district court has approved a settlement that integrates HIV-positive prisoners into the state prison system’s general population, finding it “fair, adequate, and reasonable.” The change in …

Prisoners Released When Jails Can’t Feed Them

Article • August 1, 2015 • from PLN August, 2015

Filed under: Cost of Prison Systems, Food

Prisoners Released When Jails Can’t Feed Them by Mark Wilson Prisoners Released When Jails Can’t Feed Them by Mark Wilson "We didn’t have food for them and we don’t want to violate anyone’s rights when they are here,” said Wellston, Missouri Police Chief G. Thomas Walker, explaining why he released …

Alabama Courts Must Review Substance of Claim Despite Pleading’s Title

Article • August 1, 2015 • from PLN August, 2015

Filed under: Complaints

Alabama Courts Must Review Substance of Claim Despite Pleading’s Title by David Reutter Alabama Courts Must Review Substance of Claim Despite Pleading’s Title by David Reutter The Alabama Court of Civil Appeals held on August 1, 2014 that a trial court should treat pleadings according to their substance rather than …

Redding v. Dale Co, AL, Complaint, 8th Am assault deadly snake, 2015

Brief • July 21, 2015

Filed under: Failure to Protect (General), Eighth Amendment

Redding v. Dale Co, AL, Complaint, 8th Am assault deadly snake, 2015

Alabama DOC Agrees to Protect Women Prisoners from Systemic Sexual Abuse, Harassment

Article • July 7, 2015 • from PLN July, 2015

Filed under: Staff-Prisoner Assault, Staff-Prisoner Harassment, Prison Rape Elimination Act

Alabama DOC Agrees to Protect Women Prisoners from Systemic Sexual Abuse, Harassment by David Reutter Alabama DOC Agrees to Protect Women Prisoners from Systemic Sexual Abuse, Harassment by David M. Reutter The State of Alabama has agreed to implement reforms designed to protect prisoners at the Julia Tutwiler Prison for …

$266,653 Judgment in Lawsuit Challenging Alabama Prison’s Improper Sewage Discharge

Article • June 3, 2015 • from PLN June, 2015

Filed under: Sewage, Clean Water Act

$266,653 Judgment in Lawsuit Challenging Alabama Prison’s Improper Sewage Discharge by David Reutter $266,653 Judgment in Lawsuit Challenging Alabama Prison’s Improper Sewage Discharge by David Reutter Following a settlement agreement between Black Warrior Riverkeeper (Riverkeeper) and Alabama Utility Services (AUS), a judgment was entered in a lawsuit that alleged the …