Little State, Big Problems: Maine’s Prison Crisis Continues Unabated by Lance Tapley Little State, Big Problems: Maine?s Prison Crisis Continues Unabated by Lance Tapley Only big prison systems mistreat prisoners, right? Only prison systems where racism, right-wing tough-on-crime attitudes, or prison-industrial-complex power have full reign, like in California or Texas, …
Maryland Prison Audit Reveals Potential Fraud “Undetectable” by Michael Rigby Maryland Prison Audit Reveals Potential Fraud "Undetectable" by Michael Rigby Maryland employees responsible for millions of dollars worth of equipment and funds perform their duties without adequate oversight or fiduciary controls, an audit of the Jessup Region of the Maryland …
Maryland Closes Decrepit, Scandal-Plagued House of Correction by The dilapidated and violent relic known as the Maryland House of Correction (MHC) has finally closed. MHC?s remaining 842 prisoners were transferred on March 16, 2007. The most troublesome prisoners were moved to various federal prisons around the country; the rest were …
Maryland Restores Voting Rights to 50,000 Felons by Annapolis, MD - Governor Martin O?Malley on April 24, 2007, signed legislation re-enfranchising more than 50,000 Maryland residents who have completed their felony sentences of prison, parole, and probation. O?Malley?s support of the ?Voting Registration Protection Act? ends the state?s draconian lifetime …
Summary Judgment on Wrongful Arrest Reversed by The Fourth U.S. Circuit Court of Appeals has vacated and remanded the grant of summary judgment to various state, county, and city defendants by the U.S. District Court of Maryland in a wrongful arrest case. Tray Carter was twice arrested and held in …
Pretrial Detainees May Not Be Disciplined or Denied Family Visits by The United States District Court for the District of Maryland ruled that pre-trial detainees may not be disciplined in any way, and should be permitted to visit with family members and enjoy other privileges. Pre-trial detainees at the Baltimore …
Fourth Circuit Discusses Standard of Review in Prisoner Assault Cases by Prisoner assault cases are governed by a deliberate indifference standard and not a negligence standard, and the two standards are not the same thing. The question is whether the warden acted "obdurately or wantonly." In making the last statement, …
Fourth Circuit Vacates Maryland Beating Verdict by The Fourth Circuit Court of Appeals has reversed a jury's verdict finding guards at the Maryland Correctional Adjustment Center violated a prisoner's Eighth Amendment rights by using excessive force on him. Quinten X. Jackson claimed guards used excessive force on him in two …
Mental Exam Barred in Discrimination Suit by An employee did not place her mental condition sufficiently "in controversy" to require her to submit to a mental examination under Rule 35, Fed.R.Civ.P., by alleging emotional distress as an element of damages in a Title VII discrimination case. While her mental condition …
Firing of Maryland Muslim Chaplain Upheld by The plaintiff, who said he was constructively discharged from a contractual position as Muslim chaplain, sued under Title VII, alleging that he was discriminated against by being subjected to a racially hostile workplace. The court concludes as a matter of law that the …
Qualified Immunity for Maryland Officials Requiring Jewish Prisoner to Clean Cell on Sabbath by Qualified Immunity for Maryland Officials Requiring Jewish Prisoner to Clean Cell on Sabbath Prison officials' designation of Saturday as cell cleanup day violated the Free Exercise clause as applied to an Orthodox Jewish prisoner. (They made …
Loss of Time a Compensable Damage by Loss of Time a Compensable Damage The plaintiffs complained of a course of mistreatment by the police. At 208: "The concept of actual injury at common law is a broad one, and the Supreme Court has recognized that 'compensatory damages may include not …
Guards Refusal to Protect MD Prisoner Upheld by The plaintiff said he told a defendant officer that his cellmate was threatening him with assault, and the officer responded, "I don't roll like that. Deal with it." The plaintiff was assaulted and seriously injured. The officer could not be held liable. …
Challenge to D.C. Parole Practices Rejected by The D.C. parole statute does not create a liberty interest in obtaining parole. Federal statute requires that the U.S. Parole Commission, which took over the D.C. Parole Board's responsibilities, follow the rules of the latter, but it also has the power to amend …
No Immunity for Beating Brain Injured MD Prisoner by The plaintiff, who had had a prior brain injury and was acting disruptively in his cell, was subjected to a cell extraction and sustained further disabling brain injury as a result of trauma including a facial fracture. However, as a result …
Filing Amended Complaint Allows Defendants to Raise Waived Defense by A prisoner who is released after he files suit is still bound by the PLRA exhaustion requirement. Rulings to that effect "are consistent with the plain language of the PLRA, which focuses on the time that a lawsuit is 'brought' …
Black FBI Agent Beaten by Police States Claim by The African-American plaintiff was pulled over for a traffic violation and cooperated with the police officer in every respect, including informing him that he was an FBI agent and was armed. The defendant officer handcuffed him and then grabbed him from …
Name Calling Suit Dismissed by The plaintiff's complaint that a prison employee called him a liar and a vexatious litigant with a morally deviant character is not actionable under the Federal Tort Claims Act because the statute exempts libel and slander claims from its waiver of sovereign immunity. The plaintiff …
BOP Enjoined in Transferring Prisoners from Work Release by The court grants a preliminary injunction against the transfer of three persons serving sentences in community confinement centers who have been notified that they will be transferred to a federal prison for the remainder of their sentences based on the Department …
Prisons Have Affirmative Duty to Protect Prisoners from Rape by Prisons Have Affirmative Duty to Protect Prisoners From Rape The court of appeals for the Fourth circuit affirmed a Maryland district court's injunction at 449 F. Supp. 473 (D MD 1978) requiring a prison to protect prisoners from sexual predators …
