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Article • January 15, 2010 • from PLN January, 2010
Shortcomings Cited at Virginia’s Civil Commitment Facility by Matthew Clarke by Matt Clarke The almost two-year-old, $62-million maximum-security Virginia Center for Behavioral Rehabilitation (VCBR) is still having start-up problems. Located in rural Nottoway County on 28 acres and opened in February 2008, VCBR is unable to retain staff and offers …
U.S. DOJ Calls Houston Jail Unconstitutional, Prisoner Death Rate Alarming by Gary Hunter As a follow-up to PLN’s October 2009 cover story, this article examines in greater detail findings by the U.S. Department of Justice (DOJ) related to conditions at the Harris County jail in Houston, Texas. From 2001 through …
Article • January 15, 2010 • from PLN January, 2010
Don’t Build it Here Revisited (or “There is no Economic Salvation Through Incarceration”) - Prisons Do Not Create Jobs by Clayton Mosher by Clayton Mosher and Gregory Hooks Despite widespread popular beliefs that prison construction offers substantial economic benefits to local areas, empirical research has suggested otherwise. In an article …
District Court May Order Martinez Report, Ninth Circuit Holds by A federal district court has the discretion to order the preparation of a Martinez report, the U.S. Court of Appeals for the Ninth Circuit decide. Robert Tuzon, an Arizona prisoner, sued various state prison officials alleging that (1) staff had …
Fifth Circuit Reinstates Texas Prisoner’s Failure-to-Protect Suit by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals reversed in part a district court’s dismissal of a prisoner’s failure-to-protect suit, though the case lost at trial after remand. Ernesto R. Hinojosa, Sr., a Texas state prisoner, was housed in …
Inhumane Illinois Cell Conditions Defeat Summary Judgment by The Seventh Circuit Court of Appeals has held that guards are not entitled to qualified immunity for confining a prisoner in inhumane conditions. That ruling came on the heels of a district court’s order granting summary judgment to two guards at Illinois’ …
Article • January 15, 2010 • from PLN January, 2010
DHS Ordered to Respond to Petition Seeking National Stan-dards at Immigration Detention Facilities by Brandon Sample Immigration rights advocates won a short-lived victory in June 2009, when a U.S. District Court in New York ordered the Department of Homeland Security (DHS) to respond to a petition for rulemaking that requested …
Federal Court Awards $1.47 Million in Attorney Fees and Costs against Sheriff Arpaio by Last May, PLN reported that a U.S. District Court in Arizona had found that jails in Maricopa County, managed by Sheriff Joe Arpaio, continued to violate the civil rights of pretrial detainees. That ruling came in …
Article • January 15, 2010
State Did Not Err In Laying Off Guards by The Appellate Court of Illinois, Fourth District, has reversed a decision by the Illinois Labor Relations Board (ILRB) holding that the State of Illinois failed to bargain in good faith before laying off numerous Illinois prison guards. The decision to lay …
$26,000 Settlement for Public Records Violations by Washington Jail by Washington state’s Kitsap County Jail paid $26,000 to settle an Americans with Disabilities Act (ADA) claim that resulted in “catastrophic injuries” to a prisoner. The claim also asserted violations of Washington’s public records law. The claim was filed on behalf …
Brief • December 22, 2009
Goins v. Aguilar, AZ, Complaint, Conditions of Confinement, 2009 Gdkffi#§f ½UiW Document 1 Filed 12/22/09 p aae 1 0 f 2 5· Case FILED RECEIVED 2 BY LODGED COPY DEC 2 2 2009. 2 CLERK U S DISTRICT COURT DISTRICT OF ARIZONA DEPUTY City, Stale, Zip Code in dismissal of …
Brief • December 16, 2009
Westefer v. Snyder, IL, Plf Proposed CoL, ad seg condition of confinement, 2009 Case 3:00-cv-00162-GPM Document 526 Filed 12/16/09 Page 1 of 29 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS Robert Westefer, et al., Plaintiffs, No. 00-162-GPM v. Donald Snyder, et al., Defendants. PLAINTIFF CLASS’S …
Federal Court Holds Enemy Combatant Detainee May Sue Government Officials by On June 12, 2009, a federal district court in California ruled that a U.S. citizen detained in the U.S. as an enemy combatant could sue a high-ranking federal official who promulgated legal opinions on policies that led to the …
Article • December 15, 2009
Illinois Federal Court Refuses to Dismiss Chicago Jail Strip Search Suit by On September 15, 2008, a federal court in Illinois denied a motion to dismiss by the Sheriff of Cook County and Cook County, Illinois, in a suit involving the strip searching of prisoners returning from court appearances. Charles …
Lack of Exercise Claim Survives Motion to Dismiss, but not Summary Judgment by U.S. District Judge William Q. Hayes has denied a Rule 12(b)(6) motion to dismissed filed by California prison officials in a 42 U.S.C. § 1983 action alleging Eighth Amendment violations. Gregory Norwood, a California prisoner, alleged that …
$25,000 Settlement For Tourist Injured Visiting Alcatraz by On January 26, 2009, the United States agreed to pay $25,000 to a tourist injured while visiting Alcatraz, a federal prison turned national park. Roberta Klein sued the United States under the Federal Tort Claims Act after she fell and suffered severe …
$150,000 Settlement in Tennessee Jail Beating by Sullivan County, Tennessee has paid $150,000 to settle the claim of a former prisoner who was beaten at the county’s jail. The suit alleged the sheriff’s department failed to properly train and supervise jail guards, deliberately placed the prisoner in a dangerous situation, …
$58,333 Settlement for Transgendered Woman’s Sacramento Jail Assault and Sexual Harassment by California’s County of Sacramento has paid $58,333.33 to settle the lawsuit of Richardo Medina-Tejada, who claimed that as a post-operative transgender male-to-female pretrial detainee at the Sacramento County Jail, she was placed in housing with male prisoners who …
Abu Ghraib Abuses Not Covered by Insurance Policy by The Fourth Circuit Court of Appeals has affirmed a Virginia federal district court’s order that held an insurance policy obtained by a company who was sued for detainee torture in Iraq has no duty to defend the company because the events …
Arizona Jail’s Medical Failures Due to Inadequate Record Keeping, Understaffing by Matthew Clarke by Matt Clarke Medical care for approximately 10,000 prisoners in the Maricopa County jail system is an abject failure. That may explain why the Arizona county, which is the fourth largest in the nation, has had to …
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