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Article • June 22, 2023
Arizona Exploiting Prisoner Labor for Profit by Kevin Bliss by Kevin W. Bliss A new constitutional amendment proposed to Congress in June 2023 would remove the exception for prisoners to the U.S. ban on slavery. The effort follows a report from Arizona in December 2022, which found that private firms …
Article • June 15, 2023 • from PLN June, 2023
Second Circuit Upholds Connecticut Prison Porn Ban, Sets Up Circuit Split Over “Vagueness” Test by Jacob Barrett by Jacob Barrett On October 3, 2022, the U.S. Supreme Court declined to issue a writ of certiorari to hear an appeal by a group of Connecticut prisoners, who lost a challenge to …
Dying for Being Deadbeat Dad in Missouri Jail by Chuck Sharman by Chuck Sharman On January 23, 2023, just 10 days after Ryan Everson was put in Missouri’s Clay County Jail, the 42-year-old was found dead in his cell. That his three children no longer had a father is cruelly …
Article • June 15, 2023 • from PLN June, 2023
Report Reveals Extent of Federal Pretrial Detention Crisis by Casey Bastian by Casey J. Bastian A report on the first investigation into federal pretrial detention on a national level was released in October 2022 by the Federal Criminal Justice Clinic (FCJC) of the University of Chicago Law School. Combing through …
The George Washington University Law School-Rights Violations as Punishment, 2023 GW Law School Public Law and Legal Theory Paper No. 2023-25 GW Legal Studies Research Paper No. 2023-25 Rights Violations as Punishment Kate Weisburd This paper can be downloaded free of charge from the Social Science Research Network: https://ssrn.com/abstract=4424954 Electronic …
Article • May 24, 2023
Sheriff Accused of Blocking Investigation Into Georgia Jail Detainee Death by Jo Ellen Nott by Jo Ellen Nott After an otherwise healthy 32-year-old succumbed to testicular cancer at Georgia’s Clayton County Jail in January 2023, the Director of the county Medical Examiner’s Office accused Sheriff Levon Allen of withholding documents …
Article • April 27, 2023
Seventh Circuit Says Medical Malpractice Is Not a Constitutional Violation by Jacob Barrett by Jacob Barrett On June 27, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment for Illinois prison officials who delayed a prisoner’s appendicitis treatment until he needed emergency surgery. Incredibly, though acknowledging …
Alabama County Ends Controversial Policy Using Women’s Pregnancies to Jail Them by Ashleigh Dye by Ashleigh N. Dye In the state of Alabama, it is a felony to expose a child to an environment in which controlled substances are manufactured, ingested, or distributed. Called Chemical Endangerment, the crime can land …
$98,000 Paid by BOP to Immigrant Detainees Racially Profiled as Terrorists in New York City Lockup by Kevin Bliss by Kevin W. Bliss An out-of-court settlement between the federal Bureau of Prisons (BOP) and a group of former immigrant detainees was made public on July 5, 2022. The plaintiffs, all …
Article • October 31, 2022 • from PLN November, 2022
Fifth Circuit Upholds Nearly $13.5 Million Restitution Order Against Federal Prisoner by Anthony Accurso by Anthony W. Accurso On February 25th, 2022, winning turnedout to be losing for a federal prisoner when the U.S. Court of Appeals for the Fifth Circuit affirmed a massive restitution order issued by a district …
Article • September 1, 2022 • from PLN September, 2022
Sixth Circuit Again Extends Kingsley Protections for Pretrial Detainees in Deliberate Indifference Claim Against Kentucky Jail by David Reutter by David M. Reutter On March 24, 2022, the U.S. Court of Appeals for the Sixth Circuit joined a short list of federal appellate courts so far to say that additional …
Article • June 1, 2022 • from PLN June, 2022
Eighth Circuit Holds Pornography Policy Unconstitutional as Applied to South Dakota Prisoner, but Denies Relief by David Reutter by David M. Reutter Holding that the pornography policy at South Dakota State Penitentiary (SDSP) was unconstitutional as applied to a prisoner, the U.S. Court of Appeals for the Eighth Circuit nonetheless …
Publication • 2022
Jail Health and Early Release Practices, Dec. 2022 William & Mary Bill of Rights Journal Volume 31 (2022-2023) Issue 2 The Problem of Mass Incarceration: Diagnosis and Reform Article 4 12-2022 Jail Health and Early Release Practices Brandon L. Garrett Deniz Ariturk Jessica Carda-Auten David L. Rosen Follow this and …
Publication • 2022
Freedom Denied-How the Culture of Detention Created a Federal Jailing Crisis-Oct. 2022 FREEDOM DENIED iii Table of Contents AUTHORS & ACKNOWLEDGMENTS P.5 EXECUTIVE SUMMARY P.15 CONTEXTUALIZING THE CULTURE OF DETENTION P.53 1. Publicly Available Data Provide Little Insight into the Causes and Contours of the Federal Bail Crisis. 2. The …
California Jail Guard Criminally Charged for Assaulting Detainee with Scalding Water by Edward Lyon By Ed Lyon A Sheriff’s Department deputy in California’s Orange County has forfeited a 20-plus-year law enforcement career by assaulting a mentally ill detainee at the county lockup. The deputy, Guadalupe Ortiz, 47, was fired on …
Article • May 1, 2022 • from PLN May, 2022
Eighth Circuit Rules Pretrial Detainees and Prisoners Have Right to Visit Family Members by Eighth Circuit Rules Pretrial Detainees and Prisoners Have Right to Visit Family Members In a precedential ruling, the U.S. Court of Appeals for the Eighth Circuit has held that “prisoners and pretrial detainees have a right …
Publication • March 21, 2022
The Hidden Costs of Pretrial Detention Revisited, March 2022 12.57 200 THE HIDDEN COSTS OF PRETRIAL DETENTION REVISITED 359.08 23.9 005 MARCH 21, 2022 56.10 100 EXECUTIVE SUMMARY Any time a person is arrested and accused of committing a crime, a decision has to be made. Will this person be …
Sixth Circuit Holds Subjective Prong of Deliberate Indifference Test Inapplicable to Pretrial Detainee’s Claims; Reinstates Lawsuit by Matthew Clarke by Matt Clarke On September 22, 2021, in a case with enormous impact on the way jails may treat pretrial detainees, the U.S. Court of Appeals for the Sixth Circuit decided …
Article • March 1, 2022 • from PLN March, 2022
All Writs Act Provides Authority for Medical-Imaging Transport Order for Condemned Ohio Prisoner Challenging His Conviction; Certiorari Granted by David Reutter by David M. Reutter On August 26, 2021, the U.S. Court of Appeals for the Sixth Circuit agreed with a district court that an Ohio state prisoner must be …
Washington Can’t Cheat Prisoner of Time Held Out of State on Washington Charges by Jacob Barrett But ICE Makes Sure That It Doesn’t Matter by Jacob Barrett On July 29, 2021 the Supreme Court of Washington ruled that a state prisoner was entitled to credit for all the time he …
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