Are Debtors’ Prisons Making a Comeback in Indiana? by Justin Miller Concerns are growing that small claims courts in Indiana may be taking actions that amount to the return of debtors’ prisons, sparking national debate on the issue. This has occurred despite objections from the state’s Court of Appeals as …
Indiana Indemnification Statute Not Retroactive; Prisoner’s Estate Unable to Collect $56.5 Million Judgment by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals has held that a 2003 Indiana statute that requires indemnification of government employees under certain circumstances has prospective application only. Before the Court was …
Indiana DOC Changes Sexually Explicit Publication Policy Due to Class-Action Suit by David Reutter by David M. Reutter The ACLU of Indiana has reached a private settlement agreement with the Indiana Department of Corrections (IDOC) in a class-action lawsuit that challenged a policy prohibiting prisoners from receiving sexually explicit materials …
Death Row Prisoner Loses Suit Challenging BOP’s Ban on Face-to-Face Media Interviews by On January 15, 2008, the Seventh Circuit Court of Appeals held that a jury could conclude the Bureau of Prisons’ (BOP) ban on face-to-face media interviews with death row prisoners was based not on legitimate security threats, …
Indiana DOC Directive Limiting Educational Credit to Only One Associate’s Degree Violates Ex Post Facto Clause by Brandon Sample A directive issued by the Indiana Department of Corrections (IDOC) that limits the award of educational sentence credit to only one Associate’s Degree cannot be applied retroactively without running afoul of …
Reversal of Summary Judgment to BOP Doctor Accused of Deliberate Indifference by Brandon Sample The U.S. Court of Appeals for the Seventh Circuit has reversed a grant of summary judgment to a Bureau of Prisons (BOP) doctor accused of denying a death row prisoner needed eye surgery. Arboleda Ortiz, a …
The Crisis of Juvenile Prison Rape: A New Report by by David Kaiser and Lovisa Stannow When Troy Erik Isaac was first imprisoned in California, his cellmate made the introductions for both of them. “He said to me, ‘Your name is gonna be Baby Romeo, and I’m Big Romeo.’ He …
Indiana Supreme Court Holds Sex Offender Registration Act Unconstitutional When Applied Retroactively by In a courageous and controversial ruling, a unanimous Indiana Supreme Court held on April 30, 2009 that state statutes collectively referred to as the Indiana Sex Offender Registration Act, when applied to Richard Wallace, a child molester …
Indiana DOC Directive Limiting Educational Credit to Only One Associate’s Degree Violates Ex Post Facto Clause by Brandon Sample A directive issued by the Indiana Department of Corrections (IDOC) that limits the award of educational sentence credit to only one Associate’s Degree cannot be applied retroactively without running afoul of …
Indiana Sex Offender Residency Restriction Violates Ex Post Facto Clause by Indiana’s “residency restriction statute,” which prohibits sex offenders from living within 1,000 feet of a school, youth center or public park, violates the ex post facto clause of the state constitution as applied to sex offenders convicted before the …
Indiana Lifelong Violent Offender Registration Preliminary Injunction Upheld in Part by On December 29, 2008, an Indiana Court of Appeals upheld a superior court’s preliminary injunction against lifelong registration for violent offenders. A July 1, 2007 Indiana statute added people who had been convicted of certain violent crimes to the …
$3,200 Awarded to Indiana Jail Prisoner for Negligent Medical Care by On December 2, 2008, a federal jury awarded Richard Petrig, a former prisoner, $3,200 for negligent medical care. Petrig was attacked by his cellmate while incarcerated at the Posey County Jail in Indiana. After the attack, Petrig told jail …
Benkahla v. Federal Bureau of Prisons, IN, Proposed Amended Complaint, Wrongful CMU Confinement, 2009 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION ) ) ) Plaintiff, ) ) v. ) ) Federal Bureau of Prisons; ) Eric H. Holder, Attorney General of the ) United States; Harley …
Arnaout v. Federal Correctional Institution Warden, IN, Complaint - Comm. Management Unit and Religous Practice (2009) • Case 2:09-cv-00215-JMS-MJD Document 1 Filed 06/18/09 Page 1 of 6 PageID #: 1 UNITfrJ S rATES DISTRJCT LOl.lU SOU I HERN DISTRJC"l' Of 11'\niA>IA TERRE HAl:l c DIVJSI0:-1 I'NAAM AR'IAOUT RA 'IDAll 1 …
Lawsuits Challenge Prohibition on Prisoner Pen-Pal Services in Indiana, Florida by David Reutter Lawsuits Challenge Prohibition on Prisoner Pen-Pal Services in Indiana, Florida by David M. Reutter To the extent that an Indiana Department of Corrections (IDOC) policy “denies prisoners the right to advertise for pen-pals and receive material so …
Indiana Court Denies Challenge to Monopolistic Prison Phone Contracts by John Dannenberg by John E. Dannenberg The Indiana Court of Appeals has rejected a class-action suit brought by families and friends of prisoners who challenged prison telephone contracts as monopolistic and prison phone rates as oppressive. The appellate court held …
Sexual Abuse by Prison and Jail Staff Proves Persistent, Pandemic by Gary Hunter Sexual assault, rape, indecency, deviance. These terms represent reprehensible behavior in our society. They also represent recurring themes in our nation’s prisons – not only by prisoners, but also by guards and other staff members. PLN’s August …
Odumabo v. Lake County, IN, Complaint, Jail Death, 2009 USDC IN/ND case 2:09-cv-00047-APR document 24 filed 04/29/09 page 1 of 8 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA, HAMMOND DIVISION TAMARRA SOWELL, as personal representative, administrator for the Estate, and on behalf of the heirs of ADEKUNLE …
$1.5 Million Award Against Newspaper for Defaming Indiana Police Officer by An Indiana jury has ordered The Tribune Star in Terre Haute, Indiana, to pay $1.5 million to a police officer who claimed the newspaper defamed him by stories it published. The jury’s verdict on July 28, 2004, awarded Clay …
Indiana Law Requiring Former Prisoners to Consent to Search and Monitoring of Their Computers Held Unconstitutional by Brandon Sample On June 24, 2008, U.S. District Court Judge David Hamilton struck down Section 8(b) of Indiana Public Law 119, which required sex offenders and violent offenders who had completed their sentences …
