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Article • December 1, 2021 • from PLN December, 2021
Environmental Indifference by Anthony Moffa Exposure to Radon in Prisons May Be Functioning as a Form of Mass Capital Punishment by Anthony Moffa I can’t breathe. –Eric Garner, George Floyd, and at least seventy others   The thought of radioactive gas in the night air in the place you lay …
Article • December 1, 2021 • from PLN December, 2021
Filed under: News in Brief
News in Brief by Alabama: A 20-year-old guard at the Lauderdale County Detention Center in Florence, Alabama, was arrested on October 29, 2021, on charges that he attempted to smuggle methamphetamine into the jail. According to a report by Huntsville TV station WHNT, the guard, Matthew Moran, faces one count …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Editorials
From the Editor by Paul Wright by Paul Wright This is the last issue of Prison Legal News for 2021 and it is ending pretty much where it started in terms of widespread COVID outbreaks in prisons and jails across the country. The good news is there are now vaccines …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Medical, Malpractice
$15,379,091 Judgment Entered Against Delaware DOC’s Former Health Care Provider for Narcotics and Medicare Fraud by Chuck Sharman by Chuck Sharman Under a pair of consent judgments filed in federal court on October 29 and November 1, 2021, troubled former Delaware Department of Corrections (DOC) health care contractor Connections Community …
Article • December 1, 2021 • from PLN December, 2021
Fourth Circuit Holds CoreCivic Immigration Detainees in New Mexico Not “Employees” Under FLSA by A panel of judges in the Fourth Circuit agreed with the dismissal of an appeal brought by former ICE detainees held by CoreCivic at their Cibola County Correctional Center in Milan, New Mexico. The ruling was …
Article • December 1, 2021 • from PLN December, 2021
Federal Jury Orders GEO Group to Pay $23 Million for Immigrant Detainee Slave Labor in Washington by In a landmark case, a federal jury decided against the GEO Group for paying $1 dollar a day wages to immigrant detainees at its privately-operated prison in Washington. The facility in question is …
Article • December 1, 2021 • from PLN December, 2021
San Luis Obispo County Jail Conditions Violate Eighth and Fourteenth Amendments by Keith Sanders by Keith Sanders On August 31, 2021, the Department of Justice (DOJ) Civil Rights Division released a report detailing its investigation concerning the conditions inside San Luis Obispo County Jail. The findings of the report, conducted …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Strip Searches, Settlements
$53 Million Settlement in Los Angeles Jail Strip Search Lawsuit Approved by David Reutter by David M. Reutter A California federal district court approved a $53 million settlement in a class action lawsuit alleging women held by the Los Angeles County Sheriff’s Department (LASD) were subjected to “highly invasive body …
Article • December 1, 2021 • from PLN December, 2021
Disenfranchisement the Old Fashioned Way by Jayson Hawkins A federal district court judge looks at the history and impact of keeping prisoners from the polls by Jayson Hawkins In the aftermath of the 2020 election, legislatures across the nation responded to claims of election fraud by proposing a flurry of …
Article • December 1, 2021 • from PLN December, 2021
Whistleblower Alleges Hawaii Prison Officials Provided False Audit Data by Kevin Dayton A staffer says false data in a 2018 audit of the Maui jail hid deviations from staffing requirements under the federal Prison Rape Elimination Act. by Kevin Dayton, Honolulu Civil Beat State officials submitted data for a federal …
Article • December 1, 2021 • from PLN December, 2021
Ninth Circuit: Pretrial Detainees Have Right to Direct-View Safety Checks by David Reutter by David M. Reutter The Ninth Circuit Court of Appeals reversed a grant of summary judgment to a jail nurse, holding that it was clearly established at the time of the events relevant to the lawsuit under …
Article • December 1, 2021 • from PLN December, 2021
Filed under: PLN Litigation, Censorship
HRDC Sues Lincoln County Wisconsin Jail over Censorship Practices by The Human Rights Defense Center (HRDC) sued the Lincoln County, Wisconsin, Jail (LCJ) alleging its mail policies violate HRDC’s First Amendment rights by banning all publications. The lawsuit also alleges Fourteenth Amendment violations for failing to provide due process when …
Article • December 1, 2021 • from PLN December, 2021
Federal Prisons’ Switch to Scanning Mail Is a Surveillance Nightmare by Lauren Gill The Bureau of Prisons has piloted a program that can give authorities “huge secret intelligence into the public sender of postal mail.” by Lauren Gill, originally published by The Intercept, September 26, 2021 In a Pennsylvania federal prison, …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Injunctions (PLRA)
Eleventh Circuit: Preliminary Injunctions Have 90-Day Limit Under PLRA; Permanent Injunction Required to Extend Relief by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals held that “the entry of a permanent injunction is necessary to prevent a preliminary injunction from expiring by operation of law after …
Article • December 1, 2021 • from PLN December, 2021
Eighth Circuit Rules District Court Must Use Federal Law for Admissibility of Expert Testimony by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eighth Circuit agreed with Plaintiff Craig Shipp that a district court erred when it failed to rely on federal law in determining the …
Pennsylvania Supreme Court: Illegal Juvenile LWOP Sentence Undermined Validity of Later Conviction by Douglas Ankney by Douglas Ankney  The Supreme Court of Pennsylvania held that an illegal mandatory sentence of life without parole (“LWOP”) imposed upon a juvenile undermined the validity of a later conviction for assault by a life …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Compassionate Release
Too Many In-Custody Deaths of BOP Prisoners are Unnecessary and Preventable by Casey Bastian by Casey J. Bastian William Figueria was imprisoned at Butner, a federal facility in North Carolina. Figueria was 63-years-old, and was serving a 30-month sentence for Distribution of Cocaine Base. On April 20, 2020, Figueria died …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Marijuana Laws/Issues
California Supreme Court: Prisoners Cannot Legally Possess Cannabis by Casey Bastian by Casey Bastian On November 8, 2016, California voters went to the polls to consider whether the Control, Regulate, and Tax Adult Use of Marijuana Act, known as Proposition 64 (Prop64), should be approved. Prop64 was easily passed with …
Article • December 1, 2021 • from PLN December, 2021
Public Records Suit Filed Against Florida DOC To Obtain Formula Used To Compute Sentences by The American Civil Liberties Union (ACLU) of Florida has filed a second public records lawsuit against the state’s Department of Corrections (DOC) to obtain the formulas used to calculate a prisoner’s release date. The first …
Article • December 1, 2021 • from PLN December, 2021
History Professor Fired After Criticizing University’s Racist Past and Pro-Prison Present by Keith Sanders by Keith Sanders Dr. Garrett Felber, a history professor at the University of Mississippi (UM), has distinguished himself over the years as a vocal critic of America’s racist criminological and penological institutions. At conferences and public …
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