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Families Against Mandatory Minimums: Everywhere and Nowhere -- Compassionate Release in the States, 2018 Everywhere and Nowhere Compassionate Release in the States By Mary Price June 2018 1 About the Author Mary Price is general counsel of Families Against Mandatory Minimums (FAMM). She directs the FAMM Litigation Project and advocates …
Article • May 18, 2018
California Department of Corrections Settles for $96,300 and Agreement to Provide Disabled Access by Christopher Zoukis by Christopher Zoukis Derrick Saenz-Payne, a physically disabled visitor at the California Corrections Center, accepted a settlement of $96,300 for having to struggle with the facility's numerous accessibility problems. The settlement included an agreement …
ACLU Sues Nebraska Over Unconstitutional Prison Conditions by Matthew Clarke by Matt Clarke On August 16, 2017, the ACLU of Nebraska, ACLU National Prison Project, Nebraska Appleseed, National Association of the Deaf and two law firms, DLA Piper and Rosen Bien Galvan & Grunfeld LLP, filed a federal class-action suit …
Ninth Circuit Reverses Dismissal of Deaf Former Prisoner’s ADA Claims by Jail officials “may not turn a blind eye to a deaf ear,” the Court of Appeals for the Ninth Circuit fittingly declared in an August 31, 2017 ruling that reversed a summary judgment order in a lawsuit filed by …
Article • November 7, 2017 • from PLN November, 2017
Fourth Circuit Reverses Dismissal of Deaf Prisoner’s Civil Rights Claim by Derek Gilna by Derek Gilna Thomas Heyer, who is completely deaf, was initially convicted of possessing child pornography, then violated his supervised release and was imprisoned for eighteen months in 2007. Before he was released from federal prison, prosecutors …
Forgiving-Forgetting-Report-CCRC-Oct-17 Forgiving and Forgetting in American Justice A 50-State Guide to Expungement and Restoration of Rights October 2017 COLLATERAL CONSEQUENCES RESOURCE CENTER The Collateral Consequences Resource Center is a non-profit organization established in 2014 to promote public discussion of the collateral consequences of conviction, the legal restrictions and social stigma …
Lacy v. Dart, IL, Order, Violations of ADA, 2017 Case: 1:14-cv-06259 Document #: 368 Filed: 05/02/17 Page 1 of 8 PageID #:8440 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JOHNATHAN LACY, KENNETH FARRIS, MARQUE BOWERS, MAURICE BOSTON, KEVIN DAWSON, individually and for all …
Coffey v. Ochiltree County, TX, Settlement Agreement, Jail Suicide, 2017 Case 2:16-cv-00071-J-BB Document 83 Filed 03/09/17 Page 1 of 18 PageID 395 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION JOELLA VERLEE COFFEY and TERRY MAY, in Their Individual Capacities and on Behalf of …
U.S. v. Jones, FL, Complaint in Intervention, Failure to Accommodate Disabled Inmates, 2017 Case 4:16-cv-00047-RH-CAS Document 53-1 Filed 01/09/17 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ____________________________________ ) UNITED STATES OF AMERICA, ) ) Plaintiff-Intervenor, ) ) v. ) …
Article • November 7, 2016 • from PLN November, 2016
Federal Court Upholds New York Prison System’s Denial of Motorized Wheelchairs; Second Circuit Reverses by Matthew Clarke In a September 30, 2015 order, a fed­eral district court held that the New York Department of Corrections and Community Supervision (DOCCS) could deny prisoners the use of wheelchairs with electric motors because …
Alaska Prisons and Jails Filled with Mentally Ill Prisoners by David Reutter Correctional facilities in Alaska are confronted with a record number of prisoners with mental illnesses. In February 2016, KTUU reported that 65% of Alaskan prisoners suffered from some form of mental health problem while 80% had drug or …
Report and Recommendations on the Treatment of Individuals with Disabilities at Sullivan Correctional Facility, DRNY, 2016 New York’s Protection & Advocacy System and Client Assistance Program Report and Recommendations on the Treatment of Individuals with Intellectual, Developmental, and Mental Health Disabilities at Sullivan Correctional Facility July 2016 725 Broadway, Suite …
Publication • August 12, 2016
Out with the New, in with the Old - The Importance of Section 504 of the RA to Prisoners with Disabilities, Ginsberg, 2009 36 FDMULJ 713 36 Fordham Urb. L.J. 713 Page 1 Fordham Urban Law Journal June, 2009 Article *713 OUT WITH THE NEW, IN WITH THE OLD: THE …
Indiana ACLU Announces Settlement to Help Mentally Ill Prisoners by Derek Gilna In 2008, long before the issue became a focus of national attention, the American Civil Liberties Union (ACLU) of Indiana filed a federal civil rights suit against the Indiana Department of Correction (DOC), challenging inadequate treatment of mentally …
Coffey v. Ochiltree County, TX, Amended Complaint, Jail Suicide, 2016 Case 2:16-cv-00071-J-BB Document 19 Filed 06/01/16 Page 1 of 9 PageID 85 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION JOELLA VERLEE COFFEY, in her individual capacity; TERRY MAY, in his individual capacity and with ELIZABETH MAY and …
California’s Inspector General Cites Abuses at High Desert State Prison by Derek Gilna A special report by Robert A. Barton, Inspector General of the State of California, released in December 2015, highlighted numerous problems at the High Desert State Prison in Susanville. The California Senate Committee on Rules had requested …
Deaf Prisoners Win Important Settlements in Kentucky and Maryland by Derek Gilna Deaf and hard of hearing prisoners have been doubly punished in many prisons and jails, their disability often not only limiting their access to programs, services and communication with the outside world, but also putting them at risk …
Memo re ADA & Rehab Act and solitary confinement, Schlanger, 2015 MEMORANDUM From: Margo Schlanger Date: December 9, 2015 Re: The ADA/Rehab Act and solitary confinement This memo analyzes the potential use of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (the Rehab Act, Rehabilitation Act, …
Article • February 1, 2016
Ninth Circuit Upholds Modified Armstrong Injunction by Mark Wilson “Disabled inmates have been litigating to ensure that the State provides them with needed accommodation for over two decades – and yet the State still has a long, long way to go before it meets its obligation to these prisoners,” the …
Ninth Circuit Keeps the Heat on California Prisons for Continuing ADA and RA Violations by Derek Gilna One could almost excuse the California Department of Corrections and Rehabilitation (CDCR) officials if they felt that the federal courts have them under special scrutiny, but the Ninth Circuit Court of Appeals has …
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