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Article • April 1, 2024 • from PLN April, 2024
Missouri Moms Jailed After Kids Miss Too Much School by “Truancy” sounds old-­fashioned. But after two mothers were convicted of letting their kids miss too much school, the Missouri Supreme Court upheld their incarceration sentences for the misdemeanor on September 15, 2023. The Court’s ruling came in the consolidated appeals …
New Jersey Private Prison Ban Voided by The issue of illegal immigration is a contentious one. Though entering the country illegally is a violation of civil immigration law, migrant families and children who do so are most often treated like criminals and held in prison-like detention centers. Some are jails …
The “Lunacy Zone:” How Mississippi Jails 700 Mentally Ill People a Year Without Charges by A Mississippi Today article published on July 24, 2023, examined why the Magnolia State jails the mentally ill without charges for longer than any other state. As in every other state, Mississippians picked up by …
Almost $1.1 Million Awarded to One-Legged Pretrial Detainee Forced to Hop to California Jail Cell by David Reutter by David M. Reutter After a jury in the federal court for the Northern District of California awarded $504,000 in compensatory damages in the excessive-force case he brought against the San Francisco …
Article • September 15, 2023 • from PLN September, 2023
Former Connecticut Prisoner’s Challenge Proceeds Against “Pay-to-Stay” Fees by According to an analysis published by the nonprofit Brennan Center for Justice on April 19, 2023, the cost of locking up America’s two million prisoners and detainees exceeds government agencies’ ability to afford it. With the help of tough-on-crime lawmakers, that …
Article • September 15, 2023 • from PLN September, 2023
Challenge Survives to Maryland County’s Cash Bond Program by David Reutter by David M. Reutter Finding that changes in pretrial release procedures of Prince George’s County “may or may not be ameliorative,” the federal court for the District of Maryland on June 7, 2023, refused to dismiss a complaint filed …
Third Circuit Revives Forced-Labor Claims of Jailed Pennsylvania Child Support Debtors by Matthew Clarke by Matt Clarke On February 8, 2023, the U.S. Court of Appeals for the Third Circuit reinstated claims by Pennsylvania child support debtors jailed for civil contempt, who argued they were unfairly forced to perform unsafe …
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 …
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