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Article • July 28, 2017 • from PLN August, 2017
Incarceration Numbers Falling, Especially for Blacks by Christopher Zoukis by Christopher Zoukis According to the U.S. Bureau of Justice Statistics (BJS), the imprisonment rate for blacks is declining and has been doing so for many years. But the BJS data also indicates that the trend is headed in the opposite …
Article • July 28, 2017 • from PLN August, 2017
Filed under: Probation, First Amendment
Ninth Circuit Reverses Revocation of Supervised Release Over Blog Post by Christopher Zoukis by Christopher Zoukis The federal government's attempt to restrict a former prisoner’s First Amendment right to free speech has been reversed by the Ninth Circuit Court of Appeals. Darren Chaker was convicted of a white collar crime …
Ninth Circuit: Warden Who Failed to Protect Female Prisoners from Sexual Assault Not Immune from Suit by Christopher Zoukis by Christopher Zoukis The Ninth Circuit has ruled that the former warden at the California Institute for Women (CIW) is not immune from liability for failing to protect two female prisoners …
Article • July 28, 2017 • from PLN August, 2017
Filed under: Witnesses, Probation
Tenth Circuit Remands Two-year Sentence for Federal Probation Violation by Christopher Zoukis by Christopher Zoukis On October 25, 2016, the Tenth Circuit remanded a case involving a federal probation violation for resentencing due to the improper admission of hearsay testimony from a probation officer. Tremale Henry was on federal supervised …
Article • July 20, 2017
Filed under: Telephone Rates
Alaska Prisoners Riot Over Excessive Phone Rates by Christopher Zoukis by Christopher Zoukis A disturbance at Alaska's Lemon Creek Correctional Center left a housing unit uninhabitable after prisoners and guards clashed over the prison's excessive telephone rates, a "smartmouth" guard's comments on the subject, and other issues. According to prisoners …
Article • July 20, 2017
Grand Juries: Gatekeepers to the Criminal Justice System by Christopher Zoukis by Christopher Zoukis On November 30, 2014, the St. Louis County Prosecuting Attorney's Office announced that Ferguson (MO) Police Officer Darren Wilson would not be indicted in connection with Wilson's fatal shooting of unarmed teenager Michael Brown on August …
Article • July 20, 2017
Seventh Circuit Reverses Prisoner's Disciplinary Conviction by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit has taken the unusual step of reversing a prison disciplinary board's finding that a prisoner was guilty of committing a prohibited act. Timothy W. Austin was a prisoner …
Article • July 20, 2017
Scandals Rock Denver Sheriff's Department by Christopher Zoukis by Christopher Zoukis In a department that is riddled with scandals, so many that Sheriff Gary Wilson resigned on Monday, July 21, Denver Sheriff's Department Division Chief Elias Diggins was appointed in his place on a temporary basis. Adding to Denver's woes, …
Article • June 30, 2017 • from PLN July, 2017
Filed under: Medication, Death Penalty
Eleventh Circuit Rejects Condemned Prisoner’s Challenge to Lethal Injection Drug by Christopher Zoukis by Christopher Zoukis On November 2, 2016, the Eleventh Circuit upheld a district court’s denial of death row prisoner Thomas D. Arthur’s challenge to the use of the drug midazolam in the lethal injection protocol used by …
Article • June 30, 2017 • from PLN July, 2017
Filed under: Suicides
Epidemic of Suicides in California Women’s Prison by Christopher Zoukis by Christopher Zoukis Suicides at the California Institution for Women (CIW) in Chino have surged to alarming levels. Six prisoners have killed themselves within the past three years, according to Krissi Khokhobashvili, spokesperson for the California Department of Corrections and …
Article • June 30, 2017 • from PLN July, 2017
Third Circuit Reverses Denial of Class Certification by Christopher Zoukis by Christopher Zoukis The Court of Appeals for the Third Circuit has resurrected a challenge to the constitutionality of 8 U.S.C. § 1226(c), the section of the Immigration and Nationality Act that requires mandatory detention of undocumented immigrants who have …
Article • June 30, 2017 • from PLN July, 2017
Filed under: Education
BOP Education Program Revamp in Doubt as Chief is Sacked by Christopher Zoukis by Christopher Zoukis In its waning days, Obama administration officials announced plans to expand education efforts in federal prisons and to provide more direction and oversight to the programs previously run separately at each facility. Former Attorney …
Third Circuit Finds that Prisoners’ Verbal Grievances are Constitutionally Protected by Christopher Zoukis by Christopher Zoukis The Third Circuit Court of Appeals has held that a prisoner’s verbal grievance made to prison staff was protected speech under the First Amendment, and gave rise to a civil action when the prisoner …
Article • June 30, 2017 • from PLN July, 2017
Summary Judgment in Favor of Alabama Prison Officials Reversed; Writ of Mandamus Denied by Christopher Zoukis by Christopher Zoukis On September 16, 2016, the Court of Civil Appeals of Alabama reversed an order by the Montgomery Circuit Court granting summary judgment in favor of state prison officials in a lawsuit …
Article • June 30, 2017 • from PLN July, 2017
Filed under: Murder by Parolees
Iowa: Lawsuit Against Halfway House Over Attack by Resident Dismissed by Christopher Zoukis by Christopher Zoukis The Eighth Circuit of Appeals has upheld the dismissal of a lawsuit filed against an Iowa halfway house and several state officials over injuries caused by a halfway house resident. Tamela Montgomery alleged that …
Landmark Settlement in Lawsuit Challenging Solitary Confinement in Delaware by Christopher Zoukis by Christopher Zoukis A game-changing settlement has been reached in a federal lawsuit over the treatment of prisoners held in solitary confinement in Delaware state prisons. The suit, filed on August 6, 2015 by the Community Legal Aid …
Article • June 30, 2017 • from PLN July, 2017
Eighth Circuit: No Speedy Trial Rights for Prisoner Placed in Administrative Segregation by Christopher Zoukis by Christopher Zoukis The Eighth Circuit ruled on September 15, 2016, in a per curiam opinion, that the Sixth Amendment’s right to a speedy trial is essentially not applicable to prisoners held in administrative segregation …
Major Measles Outbreak at Detention Center in Arizona by Christopher Zoukis by Christopher Zoukis An infectious outbreak at an immigration detention facility in Pinal County, Arizona operated by CoreCivic (formerly known as CCA) resulted in over 20 people contracting measles. The outbreak was discovered in May 2016 when one detainee …
Article • June 9, 2017 • from PLN June, 2017
Chief Federal Judge in D.C. Resigns after Lawsuit Accuses Him of Rape by Christopher Zoukis by Christopher Zoukis The Chief Judge of the U.S. District Court for the District of Columbia, Richard Roberts, 63, unexpectedly stepped down on March 16, 2016. Although the official reason for his departure was listed …
Article • June 9, 2017 • from PLN June, 2017
Seventh Circuit Affirms Award of $1.00 in Excessive Force Case by Christopher Zoukis by Christopher Zoukis The Seventh Circuit Court of Appeals upheld an award of $1.00 in a case where a jury found a prison guard had used excessive force. The plaintiff, Sammy J. Moore, an Illinois state prisoner, …
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