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Article • June 1, 2022 • from PLN June, 2022
Filed under: Editorials
From the Editor by Paul Wright by Paul Wright For all the talk of criminal justice reform. the reality of daily life for millions of caged American prisoners is amply summed up this month’s cover story reprinted from the Texas Observer which reports on the death toll of jail prisoners …
Article • June 1, 2022 • from PLN June, 2022
Fifth Circuit Reinstates Louisiana Prisoner’s Excessive-Force Claim Despite Prison Disciplinary Conviction Issued for the Same Incident by Matthew Clarke by Matt Clarke In its decision 28 years ago in Heck v. Humphrey, 512 U.S. 477 (1994), the U.S. Supreme Court held that a prisoner’s claims affecting the duration of his …
Fifth Circuit Reinstates Louisiana Prisoner’s Suit Dismissed on Heck Grounds, Holds Related Disciplinary Convictions Don’t Absolutely Bar Excessive Force Claims by Matthew Clarke by Matt Clarke On November 17, 2021, the same day it explained that a Louisiana prisoner’s civil rights claims are not necessarily barred by related prison disciplinary …
Article • June 1, 2022 • from PLN June, 2022
Filed under: Access to Media, Securus
Securus Rolls Out “Free” E-tablets to Texas Prisoners by Edward Lyon by Ed Lyon Texas state prisoners have begun receiving free tablet computers from Securus Technologies. By February 18, 2022, the state’s privately contracted provider had distributed 3,500 “e-tablets” to prisoners in seven of its 61 state prisons—Diboll, Bell, Henley, …
Article • June 1, 2022 • from PLN June, 2022
Oregon Federal Court Issues Groundbreaking, Model COVID-19 Damage Class & Wrongful Death Class Certification by Mark Wilson by Mark Wilson On April 1, 2022, the federal court for the District of Oregon granted class-action certification to a suit brought by state prisoners accusing Gov. Kate Brown (D) and officials with …
Eleventh Circuit Says Florida Prisoner Alleging Sexual Assault by Guard Need Not Also Prove Excessive Force and Malicious Intent by David Reutter by David M. Reutter The U.S. Court of Appeals for the Eleventh Circuit has decided that when a prisoner alleges sexual assault by a prison official, the only …
Article • June 1, 2022 • from PLN June, 2022
Washington Pays $3.25 Million for Negligent Medical Care Causing Preventable Prisoner Death by Mark Wilson by Mark Wilson On July 6, 2021, a Washington state court disbursed $3.25 million paid by state officials to settle a lawsuit filed by the estate of a prisoner who died of a treatable condition …
Article • June 1, 2022 • from PLN June, 2022
DOJ Secures Settlement With South Carolina Department of Juvenile Justice at Detention Center Where Staff Hogtied and Bit Kids by Brooke Kaufman by Brooke Kaufman On April 14, 2022, the U.S. Department of Justice (DOJ) filed a Settlement Agreement with the federal court for the District of South Carolina that brings …
Article • June 1, 2022 • from PLN June, 2022
Third Circuit Joins Fifth, Tenth and D.C. Circuits in Holding Heck Favorable-Termination Dismissals Are PLRA Strikes by Mark Wilson by Mark Wilson On October 29, 2021, the U.S. Court of Appeals for the Third Circuit handed a New Jersey prisoner a legal defeat. But in the process, it joined the …
Article • June 1, 2022 • from PLN June, 2022
Sixth Circuit: Michigan DOC’s Years-Long Delay in Access to Religious Services and Items Constitutes Constructive Denial of Religious Exercise by Jacob Barrett by Jacob Barrett On November 9, 2021, the U.S. Court of Appeals for the Sixth Circuit held that a six-year delay in replying to a Michigan prisoner’s request …
Article • June 1, 2022 • from PLN June, 2022
Third Circuit Reinstates Suit Filed by Transgender Prisoner Assaulted at New Jersey Federal Prison by Matthew Clarke by Matt Clarke On September 1, 2021, the U.S. Court of Appeals for the Third Circuit overturned a lower court’s decision to dismiss the claim of a pre-operative transgender federal prisoner who accused …
Article • June 1, 2022 • from PLN June, 2022
Filed under: Censorship
Federal Suit Challenging Iowa DOC Ban on Nude Images Moves Forward, Defendants Denied Summary Judgement on Due Process Claim by David Reutter by David M. Reutter Finding a material dispute of fact exists in a lawsuit challenging the constitutionality of a ban in Iowa prisons on sexually explicit materials and …
Article • June 1, 2022 • from PLN June, 2022
$17.5 Million Paid to Ohio Prisoner Left Quadriplegic After Brutal Attack by Guards by Harold Hempstead by Harold Hempstead In November 2021, Ohio state prisoner Seth Fletcher received a $17,500,000 settlement to conclude the civil rights complaint filed on his behalf against guards at Chillicothe Correctional Institution (CCI), after the …
Article • June 1, 2022 • from PLN June, 2022
“On-Going Distress and Harm” Persist at FCI Sheridan Months After Court-Ordered Inspection by Brooke Kaufman by Brooke Kaufman In a status report filed in federal district court in Oregon in February 2022, a federal public defender said conditions at the Federal Correctional Institution (FCI) at Sheridan remained just as dire …
Article • June 1, 2022 • from PLN June, 2022
New Jersey Sex Offenders Excluded From Programming, Chances for Early Release by Mario Palomo byMario Palomo Prisoners at New Jersey’s Adult Diagnostic and Treatment Center (ADTC)—all convicted sex offenders—do not have access to the same programs and benefits that other state prisoners do, according to a letter excerpted in a …
Article • June 1, 2022 • from PLN June, 2022
Overdoses Skyrocket in Tennessee Prisons During Pandemic Despite Visitation Restrictions by Edward Lyon by Ed Lyon In the three years before the COVID-19 pandemic began in 2020, fourteen Tennessee state prisoners died from overdoses, according to the state Department of Correction (DOC). Over the two years since then that number …
Article • June 1, 2022 • from PLN June, 2022
Eighth Circuit Holds Pornography Policy Unconstitutional as Applied to South Dakota Prisoner, but Denies Relief by David Reutter by David M. Reutter Holding that the pornography policy at South Dakota State Penitentiary (SDSP) was unconstitutional as applied to a prisoner, the U.S. Court of Appeals for the Eighth Circuit nonetheless …
Article • June 1, 2022 • from PLN June, 2022
Healthcare Audit in Utah Prisons Reveals “Inadequate Service” and “Systemic Deficiencies” After 18 Prisoner Deaths During Pandemic by Benjamin Tschirhart by Benjamin Tschirhart When Brandy Gillespie emailed the Clinical Services Bureau (CSB) at Utah State Prison, she was afraid for her husband, prisoner Jerry Gillespie, 48. It was November 2020 …
Article • June 1, 2022 • from PLN June, 2022
Filed under: Parole, Qualified Immunity
Ninth Circuit Holds California Prison Officials Entitled to Legislative Immunity When Promulgating Rules by David Reutter by David M. Reutter On August 20, 2021, the U.S. Court of Appeals for the Ninth Circuit affirmed an order finding officials with the California Department of Corrections and Rehabilitation (CDCR) are immune to …
Article • June 1, 2022 • from PLN June, 2022
$12.5 Million Settlement Over Invasive Strip and Body Cavity Searches of NYC Jail Visitors by Matthew Clarke by Matt Clarke On November 29, 2021, the federal court for the Southern District of New York approved the final settlement of a class-action civil rights lawsuit over suspicionless and invasive “strip/body cavity” …
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