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Article • November 1, 2020 • from PLN November, 2020
on Federal Rule of Civil Procedure 6(b)(1)(B), which permits extension of deadlines even if they have expired if there is good cause and the party “failed to act because of excusable neglect.&rdquo ...
, Missouri was under investigation for allegedly abusing prisoners with histories of mental health problems. The captain had been accused of assaulting a prisoner with a mental health issue on June 1, 2020 ...
Article • January 1, 2022 • from PLN January, 2022
strike” assessed against him under the Prison Litigation Reform Act (PLRA), 28 U.S.C. §1915(g). Almost eight years ago, on February 1, 2014, the prisoner, John Hale, filed a lengthy federal ...
Article • October 31, 2022 • from PLN November, 2022
Filed under: Telephone Rates
the cost of calls in state prisons and county jails. Effective October 1, 2022, calls may not exceed the federal rate of twelve cents per minute in prisons and twenty-one cents per minute in jails. Though ...
Article • October 31, 2022 • from PLN November, 2022
without a start and end date and was a “paper record … only.” See: Witt v. Cty. of Cumberland, USDC (D. N.J.), Case No. 1:20-cv-14678.  Additional source: Transparency NJ ...
court held a hearing to determine whether he could meet the two-factor test for a preliminary injunction. Those factors are “(1) whether irreparable harm will result in the absence of an injunction ...
on March 1, on grounds the Federal Defenders could not state a cause of action under the zone-of-interests inquiry. The Second Circuit, on appeal, rejected BOP’s argument that the Federal Defenders ...
Article • March 1, 2021 • from PLN March, 2021
Filed under: Centurion
and Centurion in the wake of seven prisoner deaths over 50 days. The deaths occurred after riots in January 2020 at Parchman and other prisons throughout the state. (See PLN, July 2020, p.1.) In a July 7, 2020 ...
Article • November 1, 2021 • from PLN November, 2021
. The court, therefore, found the jury’s compensatory damages awards totaling $1 million was warranted. It, however, granted remittitur of the punitive damages award. The court found that award ...
Article • November 1, 2021 • from PLN November, 2021
Filed under: Settlements, Overdetention
on September 10, 2013 and was released. Brzowki was arrested on October 1, 2013, for violating his MSR and he returned to the Illinois Department of Corrections (IDOC) on November 29, 2013. He was found ...
Article • November 1, 2021 • from PLN November, 2021
Filed under: Summary Judgment, Sanctions
for a pro se prisoner who was clearly harmed by staff’s incompetence in ordering him to take medication that was not his and in following those orders. See: Robinson v. Waterman, 1 F.3d 480 (7th Cir ...
Article • January 1, 2022 • from PLN January, 2022
; Brewer. See: Patino v. County of Merced, Case No. 1:18-cv-01468, USDC (E.D. Calif. 2021). ...
Article • December 1, 2021 • from PLN December, 2021
Filed under: Dismissal
$285,000 in punitive damages in Kensu v. Buskirk, 2016 U.S. Dist. LEXIS 151329 (E.D. Mich. Nov. 1, 2016) [PLN, Jan. 2017]. Since then, he has filed “a flurry” of lawsuits against the Michigan ...
Article • September 1, 2022 • from PLN September, 2022
Filed under: DOC/BOP misconduct
activity and sexual abuse by guards, prisoner deaths and dozens of escapes, was capped with a contentious hearing at the U.S. Senate Permanent Investigation Subcommittee on August 1, 2022, the day before ...
Article • September 1, 2022 • from PLN September, 2022
of appeal expired on December 7, 2020, per Fla. R. Gen. Prac. & Jud. Admin. 2.514(a)(1)(c). Wade gave his notice of appeal to prison officials to mail on December 7, 2020. It was stamped and docketed ...
Article • November 4, 2019 • from PLN November, 2019
found “no legitimate basis for the second shock, particularly considering (1) that the first shock had immobilized Hinkle and (2) the minimal threat to order, safety, and security that Hinkle posed ...
Article • November 4, 2019 • from PLN November, 2019
, U.S.D.C. (M.D. NC), Case No. 1:13-cr-00186-6-CCE; 2019 U.S. Dist. LEXIS 108542.  --- Additional source: journalnow.com ...
Article • July 1, 2020 • from PLN July, 2020
to use the Ninth Circuit Model Civil Jury Instruction dealing with excessive force claims. The court told the jury that Bearchild could establish an Eighth Amendment violation only if he could show: (1 ...
Article • February 1, 2021 • from PLN February, 2021
“(1) labor prescribed by the Board; and (2) specific legislative work programs managed by the Board.” The former is established by “the relationship between the Board and prisoner in its ...
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