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Article • November 1, 2020 • from PLN November, 2020
Washington Prisoner’s State Public Records Act Lawsuit Results in His Freedom and $111,194 Award by Matthew Clarke by Matt Clarke On January 17, 2020, a Washington judge awarded over $110,000 in penalties and attorney fees to a former state prisoner whom another state judge had already freed, all because Snohomish …
Article • November 1, 2020 • from PLN November, 2020
Ninth Circuit: No Summary Judgment for Prison Officials Who Allegedly Allowed Attack on Nevada Prisoner by David Reutter by David M. Reutter On April 23, 2020, the Ninth Circuit Court of Appeals reversed the grant of summary judgment to defendants in a civil rights action alleging they failed to protect …
Article • November 1, 2020 • from PLN November, 2020
Filed under: Wrongful Death, Suicides
Fifth Circuit Reinstates Lawsuit Over Texas Jail Prisoner’s Death by Matthew Clarke by Matt Clarke The family of a Texas detainee who died of a suicidal overdose under jailers’ noses can continue its lawsuit against Young County, Texas. That decision was handed down on April 22, 2020, by the Fifth …
Article • November 1, 2020 • from PLN November, 2020
Filed under: Editorials
From the Editor by Paul Wright by Paul Wright Welcome to the 30th anniversary issue of Prison Legal News. As the cover story notes, this was slated to run in the May 2020 issue but that got pushed back due to the COVID-19 pandemic. Initially we had planned to skip …
Article • November 1, 2020 • from PLN November, 2020
Fourth Circuit: Opening of Detainee’s Legal Mail Outside His Presence Violates Right to Free Speech by David Reutter by David M. Reutter The Fourth Circuit Court of Appeals upheld on June 8, 2020, that a pretrial detainee’s First Amendment claim that officials violated his right to free speech by opening …
Article • November 1, 2020 • from PLN November, 2020
Filed under: Forfeiture, Tax Law
Federal Judge Rules Prisoners Eligible for $1,200 Stimulus Checks; Application Deadline Extended to Nov. 21 for Online Filing by Derek Gilna by Derek Gilna In a clear victory for prisoners and their families, a federal judge recently ordered the U.S. Treasury Department and the Internal Revenue Service (IRS) to make …
Article • November 1, 2020 • from PLN November, 2020
California Prison Guards Keep Jobs After Aiding Attacks on Sex Offenders by Jayson Hawkins by Jayson Hawkins A series of assaults by a group of prisoners on convicted sex offenders was carried out with the consent and assistance of 10 officers at an unnamed California correctional facility. After an investigation, …
Article • November 1, 2020 • from PLN November, 2020
Filed under: Exposure to Heat
Texas: Prison Air Conditioning Needs Revisiting by Edward Lyon by Ed Lyon In 1855, young General Philip H. Sheridan was a second lieutenant at Fort Clark, located in present-day Kinney County, Texas. When someone asked him how he liked the state, he replied “If I owned Texas and Hell, I …
Article • November 1, 2020 • from PLN November, 2020
Efforts to Keep COVID-19 Out of Montana Prisons Fuels Outbreaks in County Jails by Alex Sakariassen by Alex Sakariassen, Kaiser Health News, September 29, 2020 When Joshua Martz tested positive for COVID-19 this summer in a Montana jail, guards moved him and nine other inmates with the disease into a …
Article • November 1, 2020 • from PLN November, 2020
Denial of Recruitment of Counsel for Wisconsin Prisoner Affirmed by Seventh Circuit by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals affirmed a district court’s order denying a prisoner’s motion for recruitment of counsel. This was the second appeal brought by Wisconsin prisoner Randy McCaa. His …
Article • November 1, 2020 • from PLN November, 2020
DOJ Finds Frequent Use of Excessive Force in Alabama Prisons by David Reutter by David M. Reutter The U.S. Department of Justice (DOJ) issued a report that found the Alabama Department of Corrections (ADOC) violates prisoners’ Eighth Amendment rights by frequently using excessive force. The report found overcrowding and understaffing …
Article • November 1, 2020 • from PLN November, 2020
Filed under: Dismissal
Third Circuit: District Court Erred in Ruling Against Pennsylvania Prisoner’s Civil Rights Complaint by David Reutter by David M. Reutter The Third Circuit Court of Appeals held on April 27, 2020 that a district court erred when ruling against a Pennsylvania prisoner’s civil rights complaint and allowed the case to …
Article • November 1, 2020 • from PLN November, 2020
Filed under: Private Prisons, COVID-19
Two-Thirds of Nevada Prisoners Confined in Arizona Private Prison Test Positive for COVID-19 by Mark Wilson by Mark Wilson "We said since day one, prisons, especially private prisons shielded from transparency and oversight, are a hot spot for COVID-19 transmission.” That’s what the American Civil Liberties Union (ACLU) of Nevada …
Article • November 1, 2020 • from PLN November, 2020
Filed under: Staff-Prisoner Assault
New Jersey Guard Acquitted in Sex Scandal by David Reutter by David M. Reutter A New Jersey prison guard was acquitted on charges of official misconduct and conspiracy to commit sexual assault. It is the second acquittal for guard Brian Y. Ambroise, who worked at Edna Mahan Correctional Facility, New …
Article • November 1, 2020 • from PLN November, 2020
Filed under: GEO Group/Wackenhut
Lives at Stake as Pennsylvania County De-privatizes Prison by David Reutter by David M. Reutter In March 2020, Florida-based GEO Group formally asked the government of Delaware County, Pennsylvania, to terminate a five-year, $264 million contract, which it signed in 2018 to manage the county’s George W. Hill Correctional Facility …
Article • November 1, 2020 • from PLN November, 2020
Filed under: Failure to Treat, COVID-19
Coronavirus: A Second Wave of Infection by Michael D. Cohen, MD by Michael D. Cohen, M.D. It may be useful to know some more about the words epidemiologists use to describe disease statistics. Incidence refers to the number of new infections. Prevalence or “active cases” refers to the number currently …
Article • November 1, 2020 • from PLN November, 2020
Filed under: Voting, Election Laws
Former Sheriff Joe Arpaio Loses Another Arizona Republican Primary by Matthew Clarke by Matt Clarke The once self-styled “Toughest Sheriff in America” has lost a bid to reclaim the office of Maricopa County sheriff. He was defeated in the Arizona Republican primary on August 4, 2020. The controversial Joe Arpaio …
Article • November 1, 2020 • from PLN November, 2020
Eleventh Circuit Vacates COVID-19 Injunction Against Miami Jail by David Reutter by David M. Reutter Just because prisoners get sick with COVID-19 in a jail too crowded to practice safe social distancing does not make jail officials liable because so long as they say they are doing “their best,” they …
Article • November 1, 2020 • from PLN November, 2020
Filed under: Overcrowding
Nebraska Declares Overcrowding Emergency in State Prisons by Kevin Bliss by Kevin Bliss Nebraska Department of Correctional Services (NDCS) was forced to declare an overcrowding emergency on July 1, 2020. Capacity in the state’s 10 prisons was at 151%, exceeding the 2015 mandated 140% threshold. In an effort to help …
Article • November 1, 2020 • from PLN November, 2020
Filed under: COVID-19, Telephone Rates
$225,000 Windfall in Lehigh County, Pa. But Officials Don’t Cut Jail Phone Costs by David Reutter by David M. Reutter Renegotiation of its jail telephone contract netted Pennsylvania’s Lehigh County an unbudgeted $225,000 windfall. Mark Pinsley, the county comptroller, urged county officials to put that “revenue back into efforts to …
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