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Seventh Circuit Holds That A Prisoner’s Verbal Complaints About Racist Guards May Be Protected Speech by Retaliation for verbally complaining about a prison guard who hung a noose where prisoners could see it, the Seventh Circuit has held, may constitute an infringement of a prisoner’s First Amendment free speech rights. …
Article • February 15, 2011 • from PLN February, 2011
The Habeas Citebook: lneffective Assistance of Counsel, by Brandon Sample, Prison Legal News Publishing, 2010, pp.212 $49.95 by Mumia Abu-Jamal Reviewed by Mumia Abu Jamal Law books aren’t easy to review. That’s because they are unlike other books, as they are really collections of what others—courts—have written, and are thus …
Mississippi DOC Closes Unit 32 by A settlement agreement was reached in June 2010 to close the notorious Unit 32 at the Mississippi State Penitentiary in Parchman. The agreement provides for the dismissal of a lawsuit that challenged conditions at the supermax unit. The American Civil Liberties Union (ACLU), in …
Florida Guard’s Conviction for Falsifying Use-of-Force Report Affirmed by David Reutter by David M. Reutter On July 13, 2010, the Eleventh Circuit Court of Appeals upheld the conviction of a former Florida prison guard for making a false entry in a report with the intent to impede a federal investigation. …
Article • February 15, 2011 • from PLN February, 2011
Denial of Qualified Immunity Reversed in Michigan Prison Wage Suit by The U.S. Court of Appeals for the Sixth Circuit reversed a district court’s denial of qualified immunity for Michigan prison officials accused of violating a prisoner’s due process rights. In April of 2001, David Pickelhaupt was given a physical …
Article • February 15, 2011 • from PLN February, 2011
Ninth Circuit Upholds Arizona Teenage Detainee Suicide Claim Dismissal by The Ninth Circuit Court of Appeals affirmed a lower court’s grant of summary judgment to Arizona jail officials related to a teenage detainee’s suicide. The court vacated the dismissal of plaintiff’s state law claims and remanded for reconsideration. Seventeen-year-old Jasper …
Article • February 15, 2011 • from PLN February, 2011
$450,000 Award in New York Prisoner’s Negligence Claim by A New York Court of Claims has awarded $450,000 for injuries incurred as a result of a prison doctor negligently injecting a corticosteroid directly into a prisoner’s Achilles tendon. Prior to his incarceration in 1988, New York state prisoner Kent Kruemer …
Ninth Circuit Holds Private Prison Companies Can Be Sued Under Bivens for Violating Federal Prisoner’s Rights by Derek Gilna On June 7, 2010, the U.S. Court of Appeals for the Ninth Circuit held that Richard Lee Pollard, a prisoner in the custody of the Federal Bureau of Prisons (BOP) at …
Article • February 15, 2011 • from PLN February, 2011
Washington State Sheriff’s Classification of Sex Offender Violates Separation of Powers by The State of Washington Division II Court of Appeals has held that the legislature violated the separation of powers by allowing the sheriff’s office to classify sex offenders to levels of supervision without providing guidance. Before the Court …
Article • February 15, 2011 • from PLN February, 2011
Kenyan Prisoners Allowed to Vote in Constitutional Referendum by When Kenya was torn apart by bloody civil strife following contested national elections in December 2007, it was not apparent that the political chaos could lead to the reform of prisoners’ voting rights. Yet that is exactly what happened. To end …
Eleventh Circuit Affirms Injunction in Florida DOC Mental Health Conditions Pepper Spray Case by David Reutter by David M. Reutter On August 20, 2010, the Eleventh Circuit Court of Appeals upheld a district court’s order that found a warden and the secretary of the Florida Department of Corrections (FDOC) had …
Article • February 15, 2011 • from PLN February, 2011
9th Circuit: Prisoner Need Not Succumb to Threats in Order to Prevail on First Amendment Retaliation Claim by Michael Brodheim The Ninth Circuit has ruled that a prisoner threatened with retaliation for filing grievances may prevail on a claim of First Amendment retaliation even when the threat is non-specific and …
Article • February 15, 2011 • from PLN February, 2011
Georgia: Flurry of Judicial Resignations Highlights Secrecy Behind Investigations by David Reutter by David M. Reutter At least 21 Georgia judges have been disciplined by the state’s Judicial Qualifications Committee (JQC) or have resigned amid allegations of unethical conduct since April 2008. The high rate of action by the JQC …
Article • February 15, 2011 • from PLN February, 2011
Homeland Security Inspector General’s Report Finds Additional Controls Needed to Ensure Prisoners’ Access to Phones at ICE Facilities by A report issued by the Office of Inspector General of the U.S. Department of Homeland Security as part of an audit to determine whether Immigration and Customs Enforcement (ICE) officials are …
Article • February 15, 2011 • from PLN February, 2011
Report: New Jersey DOC Should Upgrade Prisoner Reentry Programs by Derek Gilna A report by Rutgers University released in January 2010 concluded that the New Jersey Department of Corrections could be doing more to help prisoners successfully reintegrate into society upon their release. The report was based on the results …
Article • February 15, 2011 • from PLN February, 2011
Texas Pays for Geriatric Prisoners, Rarely Grants Medical Parole by Matthew Clarke by Matt Clarke In the Texas Department of Criminal Justice (TDCJ), geriatric prisoners – those over 55 years old – comprise only 7.3% of TDCJ’s population. However, they account for almost one-third of the prison system’s medical expenses. …
Article • February 15, 2011 • from PLN February, 2011
$42,000 Verdict in Iowa Jail Excessive Force Case by A federal jury has awarded $42,000 to a woman who was placed in a restraint chair for seven hours. On January 25, 2006, while incarcerated at the Scott County Jail in Scott County, Iowa, Lillian Slater had a painful flare-up of …
Federal Prisoner’s Death at FCI Pekin Triggers FBI Investigation by Derek Gilna The November 13, 2009 death of Adam Montoya, a prisoner at the Federal Correctional Institution (FCI) in Pekin, Illinois, resulted in an investigation by the FBI. The Associated Press (AP) reported that “an autopsy concluded that the 36-year-old …
Caputo v. Kluntz, CT, Ruling on Plaintiff's Motion, Attorney Fees, 2011 Case 3:09-cv-00002-DJS Document 70 Filed 02/15/11 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT CORY CAPUTO, Plaintiff v. TIMOTHY KLUNTZ, ET AL., Defendants : : : : : : : : : No. 3:09CV00002(DJS) RULING ON …
Brief • February 15, 2011
Leonard v State of Louisiana La Appeallants Brief Rluipa the Final Call 2011 Case: 10-30982 Document: 00511383651 Page: 1 Date Filed: 02/15/2011 No. 10-30982 IN THE United States Court of Appeals for the Fifth Circuit _____________________ HENRY LEONARD, Plaintiff – Appellee, v. STATE OF LOUISIANA, on behalf of Department of …
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