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Seventh Circuit Upholds Disciplinary Sanction Revoking Over 15 Years of Indiana Prisoner’s Good Time by Douglas Ankney by Douglas Ankney When Indiana state prisoner Tony Love participated in a brawl, he was apparently unaware of the severity of the consequences he faced. But the U.S. Court of Appeals for the …
Article • July 15, 2023 • from PLN July, 2023
Filed under: Retaliatory Discipline
Iowa DOC Changes Policy After Ombudsman Calls Out Unfair Prisoner Discipline by Kevin Bliss by Kevin W. Bliss In its Annual Report on December 15, 2022, the Iowa Ombudsman Office (IOO) called out the state Department of Corrections (DOC) for unfairly addressing abuse of K2 by prisoners and also failing …
Texas Prisoner Allegedly Punished by a Guard for Talking About Abortion by Jo Ellen Nott by Jo Ellen Nott A Texas prisoner says she was punished for sharing abortion information with fellow prisoners at the Lane Murray Unit in April 2023. Kwaneta Yatrice Harris, 50, is serving a sentence for …
DOJ-Office of Inspector General -Notification of Concerns Identified in the DEA Use of Polygraph Exams, Aug. 2023 D E PA R T M E N T O F J U S T I C E | O F F I C E O F T H E I N S …
Article • May 1, 2023 • from PLN May, 2023
Shielded From Public View, Misconduct by Corrections Staff in Illinois Prisons Received Scant Discipline by Shannon Heffernan By Shannon Heffernan, WBEZ At least 18 corrections employees abused or used excessive force against incarcerated people in Illinois, according to internal corrections investigations. They all remained on the job. Correctional officer James …
Article • April 1, 2023 • from PLN April, 2023
Iowa Ombudsman Calls Out DOC For Unfair Prisoner Discipline by Kevin Bliss by Kevin W. Bliss The Iowa Ombudsman Office (IOO) released its Annual Report on December 15, 2022, calling out the state Department of Corrections (DOC) for unfairly addressing several difficulties it faces, including the abuse of K2 by …
Article • April 1, 2023 • from PLN April, 2023
Massachusetts Supreme Judicial Court: Jail Detainee’s Urine Not a ‘Noxious or Filthy Substance’ by David Reutter by David M. Reutter In an opinion issued on November 22, 2022, the Supreme Judicial Court of Massachusetts held that urine is not a “noxious or filthy substance.” Therefore, the Court affirmed dismissal of …
Article • March 1, 2023 • from PLN March, 2023
SCOTUS Helps Revive Malicious Prosecution Claim Against Chicago Police Officers by Kevin Bliss, David Reutter by Kevin Bliss and David M. Reutter On July 14, 2022, in a case on remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Seventh Circuit agreed that a “result opposite” …
Article • August 1, 2022 • from PLN August, 2022
Filed under: Self Incrimination, Miranda
Oregon Court Rules Prisoner’s Admissions in Disciplinary Hearing Violate Miranda, But Harmlessly by Jacob Barrett by Jacob Barrett On September 9, 2021, the Oregon Court of Appeals affirmed the assault conviction of a prisoner based on statements he made during a jail disciplinary proceeding, agreeing with him that they were …
Article • August 1, 2022 • from PLN August, 2022
New York OIG Report Reveals 1,600 State Prisoners Punished Over Faulty Drug Tests by Anthony Accurso by Anthony W. Accurso The Office of the Inspector General (OIG) for the State of New York released a report on January 4, 2022, concluding its “Investigation of New York State Department of Corrections …
Article • August 1, 2022 • from PLN August, 2022
Seventh Circuit Affirms Use Of “Some Evidence” Standard in Reviewing Federal Prisoner’s Disciplinary Violations by Anthony Accurso by Anthony W. Accurso In an opinion reached on December 6, 2021, the U.S. Court of Appeals for the Seventh Circuit upheld a district court’s ruling that a federal prisoner’s disciplinary sanctions were …
Article • June 1, 2022 • from PLN June, 2022
Fifth Circuit Reinstates Louisiana Prisoner’s Excessive-Force Claim Despite Prison Disciplinary Conviction Issued for the Same Incident by Matthew Clarke by Matt Clarke In its decision 28 years ago in Heck v. Humphrey, 512 U.S. 477 (1994), the U.S. Supreme Court held that a prisoner’s claims affecting the duration of his …
Fifth Circuit Reinstates Louisiana Prisoner’s Suit Dismissed on Heck Grounds, Holds Related Disciplinary Convictions Don’t Absolutely Bar Excessive Force Claims by Matthew Clarke by Matt Clarke On November 17, 2021, the same day it explained that a Louisiana prisoner’s civil rights claims are not necessarily barred by related prison disciplinary …
Article • March 28, 2022
Fifth Circuit Refuses to Reinstate Louisiana Federal Prisoner’s Suit Challenging Disciplinary Sanction for Breaking CPAP Machine by Jacob Barrett by Jacob Barrett Holding that explicit intent is not necessary to find a prisoner guilty of misconduct, the U.S. Court of Appeals for the Fifth Circuit issued a concerning decision on …
Article • March 1, 2022 • from PLN March, 2022
$40,251 Default Judgment for Detainee in Malicious Prosecution by Georgia Police Officer by On March 26, 2021, a federal district court in Georgia awarded a $40,251 default judgment in a lawsuit alleging malicious prosecution by a Savannah-Chatham Metropolitan Police Officer. The damages were mainly due to the time spent in …
Article • March 1, 2022 • from PLN March, 2022
California Court of Appeal Holds Prisoner May Challenge Administrative Disciplinary Violation Already Served by Matthew Clarke by Matt Clarke A recent ruling by a California courtunderlines the importance for a prisoner to zealously guard his prison record, even after a challenge seems moot, for the impact it may yet hold …
Article • September 15, 2021 • from PLN September, 2021
Mississippi Supreme Court Applies Pro Se Leniency in Reversing Dismissal of Prisoner’s Lawsuit Challenging Prison Disciplinary Action by Matthew Clarke by Matt Clarke On April 29, 2021, the Supreme Court of Mississippi reversed the dismissal of a Mississippi Department of Corrections (DOC) prisoner’s pro se lawsuit challenging a prison disciplinary …
Brief • September 15, 2021
Filed under: Malicious Prosecution
Phoenix v. Day One, RI, Memo and Order, Malicious Prosecution, 2021 Case 1:20-cv-00152-MSM-PAS Document 58 Filed 09/15/21 Page 1 of 5 PageID #: 663 IN THE DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND __________________________________________ ) ) ) ) v. ) ) DAY ONE, et al, ) Defendants. ) __________________________________________) …
Brief • April 21, 2021
Filed under: Malicious Prosecution
Phoenix v. Day One, Dft's Reply in Support of Motion, Malicious Prosecution, 2021 Case 1:20-cv-00152-MSM-PAS Document 42 Filed 04/21/21 Page 1 of 5 PageID #: 350 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND SIMONE E. PHOENIX, Plaintiff v. DAY ONE, DEB WINGATE-SILVA, FAMILY SERVICE OF RHODE ISLAND, …
Brief • April 14, 2021
Filed under: Malicious Prosecution
Phoenix v. Day One, RI, Plaintiff's Memo in Opposition of Motion to Dismiss, Malicious Prosecution, 2021 Case 1:20-cv-00152-MSM-PAS Document 41 Filed 04/14/21 Page 1 of 2 PageID #: 338 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND SIMONE E. PHOENIX, : : : : : Plaintiff v. DAY …
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