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Nevada Prisoner Receives $500, Other Considerations, in Settlement of Complaint Asserting Numerous Civil Rights Violations by Lonnie Burton On April 18, 2016, the Nevada Department of' Corrections (NDOC) agreed to pay a state prisoner $500 and make other policy changes' as part of a settlement agreement resolving the federal civil …
Article • October 25, 2016
Eleventh Circuit Affirms Dismissal of Pretrial Detainee's Lawsuit for Unsanitary Conditions, Due Process Violations by Lonnie Burton On August 29, 2016, a three-judge panel of the Eleventh CircA.t U.S. Court of Appeals upheld an order of a federal district court in Alabama which dismissed the lawsuit of a pretrial detainee …
Article • October 25, 2016
Eighth Circuit Finds No Constitutional Right to Communicate in Chinese by Lonnie Burton On August 15, 2016, the Eighth Circuit U.S. Court of Appeals upheld the dismissal of a case filed by a Chinese-born Missouri state prisoner who had his mail to and from China repeatedly rejected by prison officials. …
Brief • October 6, 2016
Filed under: Medical Records, Mail
Faulkner v. Washington DOC, WA, Settlement, Access to Medical Records, 2016 1 2 3 4 5 6 7 STATE OF WASlilNGTON 8 WALLA WALLA COUNTY SUPERIOR COURT 9 CLARENCE J. FAULKNER, Plaintiff, 10 11 12 NO. 16-2-00465-3 RELEASE AND SETTLEMENT AGREE:MENT v. WASHINGTON DEPARTMENT OF CORRECTIONS (WDOC), 13 Defendant. 14 …
Article • October 3, 2016 • from PLN October, 2016
Oregon Post-conviction Judgment Violates State Law by Mark Wilson Last year the Oregon Court of Appeals reversed a lower court’s judgment denying a prisoner’s collateral appeal, because the judgment violated state law. Following the direct appeal of a conviction and sentence to the Court of Appeals and state Supreme Court, …
Article • September 29, 2016
Filed under: Due Process
Missouri Supreme Court Invalidates Red Light Camera Ordinances by Mark Wilson The en banc Missouri Supreme Court held on August 18, 2015 that red light camera enforcement ordinances in three cities were invalid because they violated state law or due process. The City of St. Peters, Missouri enacted ordinance 4536, …
Brief • September 23, 2016
ACLU Fund of MI v. Livingston County, MI, Order of Voluntary Dismissal, Postcard-only Policy, 2016 2:14-cv-11213-DPH-RSW Doc # 95 Filed 09/23/16 Pg 1 of 5 Pg ID 1253 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGAN, Plaintiff, …
Article • September 9, 2016
Filed under: Mail, Internet
Minnesota State Prisoners Gain Access to Email by Derek Gilna A modified email system has been established by Minnesota prison system to allow state prisoners to receive, but not send emails to approve outside parties. This week the state began allowing all in state prisons to receive printed emails sent …
Article • September 8, 2016
Virginia Supreme Courts Upholds Conviction of Man Forced to Stand Trial in Jail Clothes by Lonnie Burton On June 2, 2016, the seven judge Virginia Supreme Court affirmed a court of appeals decision to uphold the conviction of a defendant who had a jury trial while wearing jail-issued attire. The …
Article • September 7, 2016
Missouri Prisoner's Conviction for Assaulting Guard Upheld on Appeal by Lonnie Burton On May 24, 2016, the Missouri Court of Appeals, Western District, affirmed the conviction of a state prisoner charged with assaulting a Department of Corrections staff member. The length of the sentence imposed for the conviction was not …
Brown v. DPSCS, MD, Amended Complaint, Discrimination Against Blind Prisoners, 2016 Case 1:16-cv-00945-RDB Document 20 Filed 09/06/16 Page 1 of 33 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ANTHONY BLUE STEVEN BROWN WILBERT DELANO GREGORY HAMMOND SEDRIC HOLLEY RUSSELL HOPKINS JOHNNIE JAMES TYRELL POLLEY MAYNARD SNEED …
California: Jail’s Unsolicited Publication Distribution Ban Upheld by Mark Wilson A California federal district court held in May 2015 that jail officials did not violate the First Amendment by refusing to distribute unsolicited publications to prisoners. Crime, Justice & America, Inc. (CJA), founded by former bail bondsman Ray Hrdlicka, publishes …
Article • August 26, 2016
GAO Study: Federal Grants Bypass Indigent Defense In Favor of Law Enforcement by A report from the Government Accountability Office (GAO) confirms what most criminal defendants too poor to pay for an attorney already assumed: While hundreds of millions in federal tax dollars support prosecutors and law enforcement every year. …
El Paso County Settles Ex-Prisoner's Disabilities Suit for $6,650 by Matthew Clarke On June 26, 2012, representatives of the County of El Paso, Texas signed a settlement in a suit brought by a deaf former jail prisoner over the lack of accommodations for disabled prisoners at the El Paso County …
Article • August 24, 2016
Sixth Circuit Affirms Denial of Qualified Immunity for Michigan DOC Officials by On February 6, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed a denial of qualified immunity for three Michigan prison officials accused of violating the First Amendment and the Religious Land Use and Institutionalize Persons …
Article • August 24, 2016
Filed under: Due Process
Wyoming Prisoner Not Denied Right to Speedy Trial, Properly Denied Continuance by The Wyoming Supreme Court has held that a prisoner was not denied the right to a speedy trial and that the lower court did not abuse its discretion by denying the prisoner’s motion for continuance. Rene Vargas, a …
Article • August 24, 2016
Pennsylvania Policy Requiring Control Number for Qualification as Legal Mail Unconstitutional by David Reutter Finding that no legitimate penological interest existed to support a Pennsylvania Department of Corrections (PDOC) policy that required a PDOC-issued control number be included on correspondence for it to qualify as legal mail, a Pennsylvania U.S. …
Solitary Confinement Emboldens Recalcitrant Witnesses, Breaks Court's Resolve by A Washington federal court ordered the release of two recalcitrant federal grand jury witnesses, after five months of confinement. In September 2012, Katherine Olejnik and Matthew Duran refused to testify before a Federal Grand Jury. As a result, a Washington federal …
Article • August 23, 2016
PLN Invalidates Oregon Jail's Postcard-Only Policy; Magazine Ban and Rejection by On April 24, 2013, an Oregon federal court granted Prison Legal News (PLN) an injunction, permanently enjoining an Oregon jail's postcard-only policy. It also declared that jail magazine ban and rejection notice and appeal policies violated the First and …
Article • August 23, 2016
Report: Postcard-Only Jail Policies Bad for Reentry, Recidivism by Contrary to claims that postcard-only mail policies make jails safer and save money, a recent report from the Prison Policy Initiative (PPI) contends that bans on sealed, personal letters merely perpetuate the costs of incarceration and exacerbate the criminal justice system's …
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