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Article • February 1, 2022 • from PLN February, 2022
$4,000 Federal Bench Verdict to Kentucky Prisoner Assaulted by Guard While Restrained by On March 26, 2021, the U.S. DistrictCourt for the Western District of Kentucky granted summary judgment to a state prisoner who sued a former guard for assaulting him while he was compliant and restrained. Kentucky State Penitentiary …
Article • February 1, 2022 • from PLN February, 2022
New York Jail Required to Provide Methadone to Detainee for Addiction Treatment by On September 7, 2021, Judge David Hurd of the U.S. District Court for the Northern District of New York ruled that a detainee should be granted injunctive relief and continue receiving methadone treatment for his opioid addiction …
Fifth Circuit Holds Private Immigration Detention Facilities Are Subject to Trafficking Victims Protection Act’s Prohibition Against Coerced Labor by Matthew Clarke by Matt Clarke After a trio of federal court rulings in 2021 regarding the labor of immigrant detainees, the first one remained the clearest victory so far for plaintiffs. …
Article • February 1, 2022 • from PLN February, 2022
Filed under: News in Brief
News in Brief by Alabama: According to Birmingham Real-Time News, a kidnapper was recaptured after being erroneously released from jail in Jefferson County, Alabama, on December 17, 2021. The prisoner, Matthew Burke, 35, was apprehended during a traffic stop after being released from the Jefferson County Jail on Dec. 11 …
Seventh Circuit: No Case for Loss of Eye from Medical Neglect Because of Lack of Expert Testimony by Jacob Barrett by Jacob Barrett A recent ruling by the U.S. Court of Appeals for the Seventh Circuit highlights the importance of producing expert testimony to refute assertions made by defendant health …
Fifth Circuit Says Federal Habeas Action May Not Be Used to Challenge Conditions of Confinement Related to COVID-19 by Matthew Clarke by Matt Clarke As previously reported by PLN, federal appellate courts in the U.S. have taken a dim view of challenges to conditions of confinement that place prisoners at …
Article • February 1, 2022 • from PLN February, 2022
Ninth Circuit Continues Trend of Reversing Injunctive Relief Protecting Prisoners From COVID-19 by Douglas Ankney by Douglas Ankney On October 20, 2021, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s injunction ordering system-wide relief to protect detainees held for federal Immigration and Customs Enforcement (ICE) …
Article • February 1, 2022 • from PLN February, 2022
Judge Sentences Boss of ‘Horrific’ Cuyahoga Ohio Jail to Prison by Edward Lyon “I don’t know how you can live with yourself.” by Ed Lyon In Cuyahoga County, Ohio, County Executive Armond Budish (D) is now the last man standing in a decade-long county government and jail malfeasance and mismanagement …
Article • February 1, 2022 • from PLN February, 2022
After Second Circuit Rules in His Favor, Connecticut Prisoner Required to Exercise in Full Restraints for Six Months Takes $100,000 Settlement by Matthew Clarke by Matt Clarke After a federal appeals court vacated a district court’s judgment in favor of Connecticut prison officials, they settled for $100,000 with a prisoner …
Qualified Immunity Granted in Suit Challenging Policy of “Checking-In” on Nevada Prisoner’s Legal Calls by David Reutter by David M. Reutter On July 8, 2021, the U.S. Court of Appeals for the Ninth Circuit refused a request to rehear en banc a decision by a three-judge panel of the Court …
Article • February 1, 2022 • from PLN February, 2022
Seventh Circuit Grudgingly Affirms Summary Judgment in Illinois’ Prisoner’s Suicide Lawsuit by Dale Chappell But Highlights Negligence of DOC and Wexford Health Staff by Dale Chappell Hinting that “another area of law” may provide relief, the U.S. Court of Appeals for the Seventh Circuit on August 9, 2021, affirmed summary …
Article • February 1, 2022 • from PLN February, 2022
White Supremacist Groups Continue to Infest Florida DOC by For at least the second time in four years the Florida Department of Corrections (DOC) is making headlines for connections between its employees and white supremacist groups. In July 2021, when sixteen members of a white supremacist gang were arrested—on a …
Article • February 1, 2022 • from PLN February, 2022
The Good, the Bad and the Ugly of the Omicron Winter by Jo Ellen Nott by Jo Ellen Nott The latest wave of the COVID-19 pandemic caused by the omicron variant of the coronavirus is affecting prisons and jails across the U.S. Just how bad is it during these winter …
Article • February 1, 2022 • from PLN February, 2022
Suit by HRDC Alleging GTL and Securus Violated Sherman Anti-Trust Act Survives Motion to Dismiss by Douglas Ankney by Douglas Ankney A suit brought by the Human Rights Defense Center (HRDC) alleging a price-fixing and kickback scheme by prison telephone service providers Global Tel*Link Corp. (now known as ViaPath), Securus …
Article • February 1, 2022 • from PLN February, 2022
$90,000 Paid by Illinois County to Prisoner Tasered by Two Guards He Wasn’t Resisting by David Reutter by David M. Reutter After guards at the Lake County Jail (LCJ) in Illinois were sued for using excessive force by tasering an unresisting prisoner, the parties reached a settlement for $90,000 on …
HRDC Appeals Denial of Public Records Request for Documentation of Secret Settlement in Maine Jail Prisoner’s Excessive Force Lawsuit by Matthew Clarke by Matt Clarke On July 6, 2021, the Human Rights Defense Center (HRDC), publisher of Prison Legal News and Criminal Legal News, filed an appeal in Maine state …
Sixth Circuit Denies Qualified Immunity for Failure to Protect Michigan Prisoner from Unsafe Working Conditions by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit held on August 24, 2021, that two Michigan prison employees were not entitled to qualified immunity in a lawsuit …
Article • February 1, 2022 • from PLN February, 2022
$10,000 Awarded by Nevada Federal Court to Prisoner Assaulted by Former State Prison Guard by Matthew Clarke by Matt Clarke On June 23, 2021, the U.S. District Court for the District of Nevada awarded a former state prisoner $5,000 for physical pain and another $5,000 for mental anguish caused by …
Article • February 1, 2022 • from PLN February, 2022
Prison Employee Union Fighting to Stop Closure of San Diego Federal Detention Center by Keith Sanders Marshals Service Also Eyeing Work-around by Keith Sanders On September 21, 2021, a little over a week before the federal government contract was set to expire at the Western Region Detention Facility (WRDF) in …
Article • February 1, 2022 • from PLN February, 2022
Lawsuit Over Winter Power Outage at Brooklyn’s Troubled Federal Detention Center Granted Class Certification by Kevin Bliss by Kevin Bliss Class-action status was granted on May 25, 2021, to a federal lawsuit brought by a half-dozen prisoners held by the federal Bureau of Prisons (BOP) at its Metropolitan Detention Center …
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