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Article • July 1, 2021 • from PLN July, 2021
Law Review States Prisons Better Off With Public Health Care Rather than Private by Kevin Bliss by Kevin Bliss Expansion of the prison industrial complex over the past decades has included the privatization of health care which has come at the detriment to those inside, according to a recent study. …
Article • July 1, 2021 • from PLN July, 2021
Virginia Votes to Abolish Death Penalty by Jayson Hawkins by Jayson Hawkins The use of DNA testing to overturn hundreds of wrongful convictions in the U.S. has revealed deep racial inequalities in the criminal justice system. Emboldened by victories at the polls in 2018 and 2020, Democrats are calling for …
Article • July 1, 2021 • from PLN July, 2021
Second Circuit Holds Connecticut Can’t Indemnify Guard in Assault Case Then Seek Cost of Incarceration; $650,000 Awarded in Failure to Protect Case by David Reutter by David M. Reutter The Second Circuit Court of Appeals held that Connecticut was preempted under 42 U.S.C. § 1983 from indemnifying a guard and …
Article • July 1, 2021 • from PLN July, 2021
Georgia Sheriffs Entitled to Eleventh Amendment Immunity When Setting Jail Policies That Lead to Prisoners Being Sexually Abused by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals affirmed the dismissal of a civil rights complaint against a Georgia Sheriff. The Court held the Sheriff was entitled …
Article • July 1, 2021 • from PLN July, 2021
Architects Question Whether Building “More Humane” Prisons is Possible by Daniel A. Rosen by Daniel A. Rosen Does more fresh air, sunlight, and space for rehabilitative programs mean a prison or jail is more humane? That’s the question many architects are struggling with as expensive new facilities are built around …
Article • July 1, 2021 • from PLN July, 2021
Filed under: Deaf Prisoners, Settlements
$54,000 Award of Attorney Fees to Enforce Settlement Agreement on Behalf of Deaf Prisoners by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals affirmed a district court’s order granting attorney’s fees after it found the Illinois Department of Correction (IDOC) was in “substantial noncompliance” with a …
Article • July 1, 2021 • from PLN July, 2021
En Banc Eleventh Circuit Holds Prisoners Can Seek Punitive Damages Without Physical Injury by David Reutter by David M. Reutter In a reversal of its own precedent, the Eleventh Circuit Court of Appeals held that 42 U.S.C. section 1997e(e) permits claims for punitive damages without a showing of physical injury. …
Article • July 1, 2021 • from PLN July, 2021
Sixth Circuit Reverses Dismissal of Retaliation Suit by Pro Se Michigan Prisoner by David Reutter by David M. Reutter The Sixth Circuit Court of Appeals vacated a grant of summary judge to a prison official in a lawsuit alleging a prisoner was retaliated against for filling a grievance. It also …
Article • July 1, 2021 • from PLN July, 2021
Filed under: Commentary/Reviews
From a Picture Grew Thousands of Words by Edward Lyon by Ed Lyon When Minnesota state prisoner C. Fausto Cabrera was transferred to the Rush City Correctional Facility (RCCF), he came across a photo by acclaimed photographer Alec Soth on a book cover of a poetry collection. It was of …
Article • July 1, 2021 • from PLN July, 2021
Maine Supreme Judicial Court Holds Courts Have Authority to Enjoin DOC from Unconstitutional Segregation Practices by Matthew Clarke by Matt Clarke On November 5, 2020, the Supreme Judicial Court of Maine (SJC) held that a trial court had the authority to enjoin the Maine Department of Corrections (DOC) from engaging …
Article • July 1, 2021 • from PLN July, 2021
$200,000 Settlement for Kentucky Woman in Jail Childbirth Suit by Matthew Clarke by Matt Clarke On February 17, 2021, a Kentucky federal court dismissed a lawsuit brought by a woman who was abandoned by jailers while a pretrial detainee and forced to give birth alone in a cell. The lawsuit …
Article • June 25, 2021
Filed under: Protests, Rural Prisons
Rural Citizens in North Carolina Resisting New Jail by Edward Lyon by Ed Lyon   Haywood County, North Carolina is a conservative, rural political entity located in a mountainous region in the state’s west. Trump won his 2020 reelection bid there by 30 points with staunch republican Madison Cawthorn being …
Article • June 23, 2021
A Life Sentence for Pot? Not if Beth Curtis Can Help It by Daniel A. Rosen by Daniel A. Rosen Seventy-nine-year-old Beth Curtis has been nicknamed the “Mother Theresa of Pot Prisoners” for good reason. The self-described “incessant nag” has lobbied for years on behalf of those sentenced to life …
Article • June 1, 2021 • from PLN June, 2021
Filed under: Police
The 10 Worst Sheriffs in America by Nicole Audrey Spector In a job with virtually no oversight, abuse of power runs amok by Nicole Audrey Spector Sure, the president of the United States wields immense power, as does the average member of the Senate and House of Representative, but when …
Article • June 1, 2021 • from PLN June, 2021
Auditor Slams California ICE Facility That Released Detainees With COVID-19 by Edward Lyon by Ed Lyon A dozen immigrant asylum seekers who had tested positive for COVID-19 were released from a federal Immigration and Customs Enforcement (ICE) detention center into the surrounding community of Calexico, California, in March 2021—the same …
Article • June 1, 2021 • from PLN June, 2021
Sen. Warren Investigation Exposes Broken Prison Accreditation System by Jayson Hawkins by Jayson Hawkins Progressive criminal justice reform has been slow to make it into the political mainstream, but one area where it is getting increased traction is around the use of private prisons. U.S. Senator Elizabeth Warren of Massachusetts, …
Article • June 1, 2021 • from PLN June, 2021
Filed under: AEDPA
25 Years of the AEDPA: Where do We Stand? by Dale Chappell by Dale Chappell It’s no secret that the Antiterrorism and Effective Death Penalty Act (AEDPA) has neither sped up the death penalty nor prevented terrorism. What continues to surprise many is that this much-criticized law has somehow survived, …
Article • June 1, 2021 • from PLN June, 2021
Law Passes Requiring Parents in New York Prisons to be Housed Close to Their Children by Kevin Bliss by Kevin Bliss New York state Senator Velmanette Montgomery sponsored a bill passed by both houses in August 2020 and signed into law by Governor Andrew Cuomo that will require the Department …
Article • June 1, 2021 • from PLN June, 2021
Former Georgia Sheriff Deputies Denied Immunity in Criminal Case for Taser Death of Unarmed Man by David Reutter by David M. Reutter Three former Georgia Sheriff’s deputies were denied immunity on December 8, 2020, by Washington County Judge H. Gibbs Flanders in a criminal prosecution, according to a December 9, …
Article • June 1, 2021 • from PLN June, 2021
Mentally Ill Alabama Prisoner Dies in 101-Degree Cell by Edward Lyon by Ed Lyon Hardly a summer passes that prisoners do not die from heat illnesses of one variety or another. This is especially true in the southern part of the country where retributive attitudes prevail along with an enslavement …
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