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Article • July 1, 2020 • from PLN July, 2020
Maine Court Rules Prisoner’s Rights Violated by 22 Months in Segregation Without Meaningful Review but Awards No Damages by Matthew Clarke by Matt Clarke On September 24, 2019, a Maine state court found that a state prisoner’s rights were violated when he was held in segregation for 22 months without …
Article • July 1, 2020 • from PLN July, 2020
$1 Million Payout to Family of Man Who Died After Seizures in Montana Jail by Kevin Bliss by Kevin Bliss The family of Roger Lee Wells will receive $1 million in compensation for his death on March 10, 2018, after he suffered several consecutive seizures without ever receiving proper treatment …
Article • July 1, 2020 • from PLN July, 2020
Filed under: COVID-19
Florida Guards and Prisoners Fear COVID-19 Infection by David Reutter by David M. Reutter Much has been made of essential employees as the economy shut down in an effort to “flatten the curve” of the COVID-19 pandemic. The focus has been on the bravery of health-care workers in hospitals and …
Article • July 1, 2020 • from PLN July, 2020
Filed under: Failure to Treat, COVID-19
COVID-19 and the Texas Department of Criminal Justice by Edward Lyon by Ed Lyon I’ve got a bad feeling about this.”That’s a famous quote from Luke Skywalker, a character in 1977’s Star Wars, as his Millennium Falcon spacecraft emerges from faster-than-light speed only to find Alderaan, its destination planet, has …
Article • July 1, 2020 • from PLN July, 2020
The Popularity of YouTube Prison Lifestyle Videos by Anthony Accurso by Anthony W. Accurso With prison reform a hot topic that has gained nationwide attention over the last decade, prison lifestyle videos on YouTube offer a window into the prison experience for many Americans. Collectively, the four most popular prison …
Article • July 1, 2020 • from PLN July, 2020
Filed under: Staff-Prisoner Assault
Ninth Circuit Reverses Summary Judgment in California Sexual Harassment Case by David Reutter by David M. Reutter On January 31, 2020, the Ninth Circuit Court of Appeals reversed the grant of summary judgment in a civil rights action alleging a guard at California’s Kern County Jail (KCJ) made sexual comments …
Article • July 1, 2020 • from PLN July, 2020
Filed under: Telephone Rates
California Court of Appeal Upholds Dismissal of Challenge to Excessive Jail Phone Rates as Unconstitutional Tax by Matthew Clarke by Matt Clarke On April 28, 2020, a California court of appeal affirmed the judgment of a lower court sustaining the demurrer of nine counties that were sued by jail prisoners …
Article • July 1, 2020 • from PLN July, 2020
Ex Post Facto Oregon Parole Postponement Claim Not Cognizable in §2254 Proceeding by Mark Wilson by Mark Wilson On October 31, 2019, an Oregon federal court held that a claim that extended parole postponement pursuant to the retroactive application of a new law violates the ex post facto clause and …
Article • July 1, 2020 • from PLN July, 2020
Filed under: Prison Labor
High School Journalists Garner National Attention by Exposing School’s Use of Prisoner Labor by Douglas Ankney by Douglas Ankney Amherst-Pelham Regional High School (APRHS) English teacher Sara Barber-Just was rubbing sleep from her eyes at 5:30 a.m. while reading the June 28, 2019, online edition of The New York Times. …
Article • July 1, 2020 • from PLN July, 2020
Florida’s “Pay-to-Vote” System Struck Down by David Reutter by David M. Reutter A Florida federal district court declared portions of Florida’s felon voting system unconstitutional. It issued injunctive relief that orders a new process put in place for indigent persons who owe financial obligations as part of a criminal sentence. …
Article • July 1, 2020 • from PLN July, 2020
Sexual Assault of Colorado Prisoner Deemed Constitutional Violation; Her Case Can Proceed by David Reutter
Article • July 1, 2020 • from PLN July, 2020
Delaware Changes Prison Health Care Provider Due to Lawsuits Against Prior Contract Holder by Jayson Hawkins by Jayson Hawkins March 2020 brought sweeping changes to the way people lived and worked as the impact of the coronavirus pandemic spread across the country. Prisons, where social distancing was often difficult or …
Article • July 1, 2020 • from PLN July, 2020
Texas Attorney General Finds GEO Documents Are Public Information by Matthew Clarke by Matt Clarke On May 1, 2020, the Texas Attorney General’s Office issued an opinion holding that all records related to a private prison contractor’s operations in the state were public information subject to the Texas Public Information …
Article • July 1, 2020 • from PLN July, 2020
Oregon Federal Court: 8th and 14th Amendments Mandate Miller Hearing by Mark Wilson by Mark Wilson An Oregon federal court held that a sentence that prohibits a juvenile offender’s possible release until he is 88 years old violates the Eighth Amendment and the Fourteenth Amendment’s Due Process Clause because it …
Article • July 1, 2020 • from PLN July, 2020
Rhode Island Pays $380,419 to Settle Prison Guard Hiring Discrimination Suit by Matthew Clarke by Matt Clarke In December 2019, the Providence Journal received a requested breakdown of money paid to applicants for prison guard positions with the Rhode Island Department of Corrections (DOC). The DOC sent a spreadsheet of …
$2,800 Verdict As Jury Finds Pennsylvania Jail Discriminated Against Women Prisoners in Reentry Center by David Reutter by David M. Reutter Pennsylvania state court jury found on November 19, 2019 that the Berks County Jail violated the constitutional rights of women by denying them the same access to reentry privileges …
Article • June 1, 2020 • from PLN June, 2020
Tornado Rips Through South Carolina, Displacing Federal Prisoners by Matthew Clarke by Chad Marks A deadly tornado ripping through South Carolina on April 13, 2020 has forced the federal Bureau of Prisons to start moving hundreds of prisoners from FCI Estill. The prison, located west of Charleston in Hampton County, …
Article • June 1, 2020 • from PLN June, 2020
Filed under: Death Penalty
Gallup Poll Shows Growing Opposition to Death Penalty by Douglas Ankney by Douglas Ankney A Gallup poll revealed that 60% of Americans believe that life in prison without parole is a better approach for a murder conviction than the death penalty. The poll was cited in the Death Penalty Information …
Article • June 1, 2020 • from PLN June, 2020
Federal Judge Keeps Heat on Florida to Implement Amendment 4 Voter Restoration for Ex-Felons by David Reutter by David M. Reutter On April 7, 2020, Florida’s Republican Gov. Ron DeSantis and its GOP-dominated legislature lost another round in their battle to limit a voter-approved amendment to the state constitution providing …
Article • June 1, 2020 • from PLN June, 2020
Thinking in a Pandemic: Let the People Go by Joseph Margulies States should release from prison far more than the very small percentage of low-level, nonviolent offenders they hold. by Joseph Margulies, Boston Review, April 20, 2020 http://bostonreview.net/law-justice/joseph-margulies-prisons-and-pandemics COVID-19 spreads where people congregate. With rare exception, it preys on the …
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