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Eighth Circuit Affirms $800,000 Award After Arkansas Jail Detainee’s Fatal Appendix Rupture by Matthew Clarke by Matthew Clarke On August 24, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed an $800,000 jury award against a contract doctor at an Arkansas jail, in a suit brought on behalf …
Eighth Circuit Remands ADA Claims—But Not Constitutional Claims—of Paralyzed Arkansas Jail Detainee by David Reutter by David M. Reutter On August 15, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed dismissal of a paraplegic Arkansas jail detainee’s deliberate indifference and conditions of confinement claims, while reviving claims …
Article • February 1, 2024 • from PLN February, 2024
Almost $950,000 Paid by Inmate Services Corp. for Hellish Prisoner Transports by David Reutter by David M. Reutter On September 30, 2023, the federal court for the Eastern District of Arkansas gave final approval to a settlement agreement under which for-profit prisoner transport firm Inmate Services Corp. (ISC) agreed to …
Eighth Circuit Says Arkansas Prisoner’s Medical Incapacity May Excuse PLRA Exhaustion Failure by As often reported in PLN, the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, imposes numerous requirements on incarcerated litigants—including exhaustion of administrative remedies before filing a lawsuit, by first filing a grievance and seeing it completely …
Article • December 1, 2023 • from PLN December, 2023
Filed under: News in Brief
News in Brief by Alabama: Within 48-hours of booking into the Morgan County Jail on August 29, 2023, Miles Rea Batson, 39, had two second-degree assault charges added to his public intoxication charge as well as another for disarming a law enforcement agent. WHNT in Huntsville reported that during booking …
Article • November 15, 2023 • from PLN November, 2023
Filed under: News in Brief
News in Brief by Alabama: Three jail guards in the Yellowhammer State were hit with drug smuggling charges in August 2023 and another the month after. WAFF in Huntsville reported that Morgan County Jail guard Bobby Simmons, 19, was arrested on August 3, 2023, when he was charged with promoting …
Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Guard Accused of Provoking One Prisoner to Attack Another by Douglas Ankney by Douglas Ankney On August 23, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed the judgment of a lower court in favor of Arkansas prisoner Deverick …
Article • October 15, 2023 • from PLN October, 2023
Unable to Post Bail, Detainee Starves to Death in Arkansas Jail by David Reutter by David M. Reutter A lawsuit filed in federal court for the Western District of Arkansas on January 13, 2023, makes a stunning claim: That a man was left to starve to death in jail because …
Article • September 15, 2023 • from PLN September, 2023
HRDC Granted Injunction to End Censorship in Arkansas Jail by David Reutter by David M. Reutter On March 31, 2023, the federal court for the Western District of Arkansas concluded that a “postcard-only” policy at the Baxter County Correctional Center (BCCC) constituted a de facto blanket ban on publications, in …
Article • September 15, 2023 • from PLN September, 2023
Arkansas Parole Board Denies Release to Sex Offender For Failure to Find Appropriate Housing by David Reutter by David M. Reutter On February 2, 2023, the U.S. District Court for the Eastern District of Arkansas dismissed a state prisoner’s habeas corpus petition challenging denial of his parole because he did …
Brief • September 14, 2023
Floreal-Wooten v. Washington County Detention Center, AK, Settlement, Medical Treatments-Covid, 2023 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS For and in consideration of the payment of the total and final sum of TEN THOUSAND DOLLARS ($10,000.00), to be paid in the following manner: TWO THOUSAND DOLLARS I ($2,000.00) paid to …
Article • August 15, 2023 • from PLN August, 2023
Filed under: News in Brief
News in Brief by Alabama: A state Department of Corrections (DOC) guard was arrested on June 10, 2023, for allegedly smuggling drugs, including meth, to a prisoner at Kilby Correctional Facility, 1819 News reported. Charlie Townsend, 28, resigned from his position upon his arrest by the Law Enforcement Services Division. …
Article • July 15, 2023 • from PLN July, 2023
Filed under: News in Brief
News in Brief by Alabama: A guard with the federal Bureau of Prisons (BOP) was indicted on April 27, 2023, on charges he sexually abused two prisoners at the Federal Correctional Institution (FCI) in Aliceville, according to a report by the Birmingham News. Robert D. Smith allegedly had sexual intercourse …
Article • June 15, 2023 • from PLN June, 2023
Eighth Circuit Greenlights Arkansas Execution Protocol by Jacob Barrett by Jacob Barrett Despite finding a “paucity of reliable scientific evidence concerning the effect of large doses of midazolam on humans,” the U.S. Court of Appeals for the Eighth Circuit didn’t halt its use in Arkansas’s three-drug execution protocol. To the …
Article • June 15, 2023 • from PLN June, 2023
Filed under: News in Brief
News in Brief by Arizona: A private prison guard in Arizona was picked up on drug charges in California on April 18, 2023, as he made his way back from Mexico with his wife and kids – along with almost 53 pounds of meth and heroin stashed in the gas …
Brief • March 16, 2023
Filed under: COVID-19
Floreal-Wooten v. Helder, AR, Memo Opinion and Order, Covid-19, 2023 Case 5:22-cv-05011-TLB Document 51 Filed 03/16/23 Page 1 of 15 PageID #: 398 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION EDRICK FLOREAL-WOOTEN; JEREMIAH LITTLE; JULIO GONZALES; DAYMAN BLACKBURN; and THOMAS FRITCH V. PLAINTIFFS CASE NO. …
Article • March 1, 2023 • from PLN March, 2023
Eighth Circuit Affirms Conviction and Sentencing of Former Arkansas Sheriff for Assaulting Detainees by Harold Hempstead by Harold Hempstead On February 10, 2023, the U.S. Court of Appeals for the Eighth Circuit upheld the judgment of a district court that convicted the former Sheriff of Arkansas’ Franklin County and sentenced …
Article • February 1, 2023 • from PLN February, 2023
Filed under: News in Brief
News in Brief by Alabama: WHNT in Huntsville reported on December 16, 2022, that a Morgan County Jail detainee was charged with assaulting a guard. Ashley Nicole Taymon, 36, had gotten into an altercation at the Community Corrections Office five days earlier and was taken to a hospital. There she …
Brief • January 13, 2023
Price v. Turn Key Health Clinics, LLC, AR, Complaint, Wrongful Death, 2023 Case 2:23-cv-02008-PKH Document 2 Filed 01/13/23 Page 1 of 29 PagelD #: 4 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION THE ESTATE OF LARRY EUGENE PRICE JR, by and through its Special …
Article • November 30, 2022 • from PLN December, 2022
COVID-19 Stimulus Garnished From Federal Prisoner, but Only After Eighth Circuit Says ‘Not So Fast’ by David Reutter by David M. Reutter On March 28, 2022, the U.S. Court of Appeals for the Eight Circuit ruled that money may not be withdrawn from a federal prisoner’s trust account, even to …
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