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Prison Sexual Abuse Survivor Speaks Out by Alan Prendergast In January 2010, Scott Howard, a 39-year-old federal prisoner, made his way briskly into a hearing room in the Robert F. Kennedy Justice Building in Washington, D.C. He was neatly dressed in blazer, slacks and tie, and quite nervous about what …
Tennessee: Incident Rates at CCA Facilities Higher Than at Public Prisons by According to an analysis of incidents involving assaults and disturbances at government-run and privately-managed prisons in Tennessee from January 2009 to June 2011, incident rates were consistently higher at the state’s three private prisons. Those were the findings …
Article • December 15, 2011 • from PLN December, 2011
US EPA Takes Action Against Kansas Prison for Asbestos Violations by The federal Environmental Protection Agency (EPA) has issued orders against the Kansas Department of Corrections (KDOC) for violations of federal law concerning asbestos removal. The violations stem from a renovation in 2005-2006 at the Topeka Correctional Facility (TCF). The …
Article • December 15, 2011 • from PLN December, 2011
Planned GEO Prison in Adelanto, California Faces Sewage Hurdles by In January 2011, the Lahontan Regional Water Quality Control Board called for a cease and desist order to prevent the City of Adelanto, California from establishing any new sewer connections. The board said that Adelanto’s water utility authority had created …
Brief • December 7, 2011
Richardson v. Kane, PA, Complaint, Conditions of Confinement, 2011 Case 3:11-cv-02266-WJN-DB Document 1 Filed 12/07/11 Page 1 of 45 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA SEBASTIAN RICHARDSON, PLAINTIFF, CIVIL ACTION v. THOMAS R. KANE, JOSEPH NORWOOD, BRYAN A. BLEDSOE, DAVID YOUNG, D. HUDSON, B. …
Brief • December 2, 2011
Essex v. County of Livingston, MI, Order Granting Plts' Motion to Compel, Sexual Assault by Jail Transport Guard, 2011 2:09-cv-11095-AJT-PJK Doc # 132 Filed 12/02/11 Pg 1 of 6 Pg ID 1733 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CUREN ESSEX, ALICIA BULKO, ELIZABETH ZUBOR, SUSAN COOK …
Publication • December 1, 2011
A System Master Plan for Massachusetts Corrections, MA Division of Capital Asset Management, 2011 STV Incorporated Carter Goble Lee FINAL REPORT A System Master Plan for Massachusetts Corrections MASSACHUSETTS DIVISION OF CAPITAL ASSET MANAGEMENT CORRECTONS MASTER PLAN The Corrections Master Plan The Final Report DOC 0801ST1 STV Incorporated in association …
Article • November 15, 2011
Traffic Tickets Lead to Kansas Jail Reform by The U.S. District Court of Kansas determined that the totality of conditions at the Sedgwick County Jail violated detainee’s Constitutional rights. Sedgwick County Jail was built in the early 1950s, and was designed to hold a maximum of 135 prisoners. The number …
Article • November 15, 2011 • from PLN November, 2011
No Qualified Immunity for Guard Who Transported Prisoner in Dog Cage by The U.S. Court of Appeals for the Eighth Circuit affirmed a district court’s denial of qualified immunity to an Arkansas jail guard who transported a prisoner in a K-9 cage covered with feces, urine and dog hair. In …
Conditions at New York Juvenile Facilities Deficient; State and Federal Officials Settle Lawsuit by On July 14, 2010, the U.S. Department of Justice (DOJ) and the State of New York settled a three-year investigation into conditions of confinement at four New York juvenile facilities. The DOJ began investigating conditions of …
Eleventh Circuit Reverses Dismissal of BOP Failure to Protect Suit by The U.S. Court of Appeals for the Eleventh Circuit reversed the dismissal of a failure to protect suit filed by a federal prisoner who claimed that he was attacked by a guard for participating in a prison investigation. “John …
Federal Court Rules on Exhaustion Issues for Joined Plaintiffs in Lawsuit Against CCA by On October 18, 2010, an Idaho federal court held that prisoners who were subjected to confusing rules and advice from prison officials regarding how to raise grievance issues had adequately exhausted their administrative remedies when they …
Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Holds Serious Risk to Prisoner’s Health Posed by Year-Long Denial of Outdoor Exercise “Obvious” as a Matter of Law by Michael Brodheim by Mike Brodheim In a 42 U.S.C. § 1983 suit brought by a California prisoner who was denied outdoor exercise for 13 months and 25 days …
Summary Judgment for CCA Reversed in Filthy Jail Conditions Case by David Reutter On April 15, 2011, the Sixth Circuit Court of Appeals reversed a district court’s grant of summary judgment to Corrections Corporation of America (CCA) in a civil rights action alleging Eighth Amendment violations after CCA staff left …
Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Rules Right to Court Access Violated When Lockdown Prevents Prisoner from Researching Issues Related to Direct Appeal by Michael Rigby by Mike Rigby In an amended opinion filed on November 19, 2010, the Ninth Circuit reversed a district court’s dismissal of a prisoner’s claims that 1) his constitutional …
Article • November 15, 2011
$3,500 Settlement Reached in Double Suit Claiming Due Process and Human Rights Violations by A $3,500 settlement was reached in a consolidated agreement arising from two separate suits filed by Bernard E. Berton, Jr. against the District of Columbia Department of Corrections. The first case arose when Berton, a prisoner …
California: Prisoners May Be Transferred Out of State To Alleviate Severe Prison Overcrowding by In 2008, the California Court of Appeal upheld the Governor's authority, under the California Emergency Services Act (Government Code, § 8550 et seq.), to proclaim a state of emergency because of severe overcrowding in the state's …
Article • November 15, 2011
Entire Tennessee Prison System Found Unconstitutional by Brandon Sample By Brandon Sample On August 23, 1978, the Chancery Court of Davidson County, Tennessee declared the entire Tennessee prison system to be unconstitutional. Under the Tennessee constitution, prisoners are entitled to “humane treatment” and to confinement in “safe and comfortable” prisons. …
Article • November 15, 2011
Exposure to Second Hand Smoke Sparks 8th Amendment Claim by The U.S. Court of Appeals for the Fifth Circuit recently affirmed in part and reversed in part a 42 U.S.C. § 1983 action alleging 8th and 14th Amendment violations. Jerry Marcus, a Mississippi prisoner, filed a § 1983 action against …
Article • November 15, 2011
Tennessee Prison System Ruled Unfit for Human Habitation by The U.S. District Court of Tennessee determined the living conditions of Tennessee’s prisons were unfit for human habitation. Officials have known since 1937 what was necessary to correct prison housing problems, but failed to do so. The overcrowding exacerbated all other …
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