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Seventh Circuit Affirms Lower Court’s Summary Judgment Order in Self-Mutilation Case by Chad Marks by Chad Marks Lloyd Johnson brought a civil suit against the Milwaukee County Medical Health Clinic (MHC), claiming that his rights were violated when he was not provided constitutionally adequate medical care leading to self-mutilation. On …
Article • September 14, 2019
Florida Pays $4.7 Million in Overcharges of Juvenile Detention by Florida’s Polk County received a $4.7 million settlement from the state in a lawsuit alleging the Florida Department of Justice (DJJ) overcharged counties between 2009 and 2012 for housing juvenile offenders. Polk County joined nine other counties in 2014 in …
Article • September 14, 2019
No Attorney Fees for Pro Se Attorney Under FOIA by The Fifth Circuit Court of Appeals held an attorney appearing pro se cannot recover attorney fees under the Freedom of Information Act (FOIA). Immigration attorney Michael W. Gahagan uses FOIA to obtain government documents to assist his clients and for …
Article • September 14, 2019
Disciplinary Hearing Restitution Order Enforceable in Bankruptcy Proceeding by An Idaho federal Bankruptcy Court held that a prison disciplinary restitution order was enforceable and may be distributed from the proceeds of a lawsuit settlement. While an Oregon prisoner, Marlin B. Pohlman was subjected to a misconduct charge for a property …
Article • September 14, 2019
First Circuit says seriously beaten prisoner fails to prove guard’s indifference by The First Circuit Court of Appeals held that a prisoner failed to establish that a guard was deliberately indifferent to his serious medical needs after he was seriously beaten by other prisoners. While at a New Hampshire medium-security …
Article • September 9, 2019 • from PLN September, 2019
Filed under: News in Brief
News in Brief by Alabama: The Montgomery County jail uses NaphCare, a private company, as its medical provider. Sasha Garvin, 27, had Crohn’s disease; she was held at the jail for failure to appear for traffic violations. Garvin told the nurses she needed to go to the hospital on May …
Article • September 9, 2019 • from PLN September, 2019
Filed under: DNA Testing/Samples
DNA: To Collect or Not to Collect? by Edward Lyon by Ed Lyon While media attention tends to focus on the use of DNA evidence to free wrongly convicted prisoners – the Innocence Project counts 365 such exonerations since the first in 1989 – far more DNA samples are collected …
Article • September 9, 2019 • from PLN September, 2019
Texas Prisoner’s Excessive Heat Death Reveals Continuing Danger by Matthew Clarke by Matt Clarke After the Texas Department of Criminal Justice (TDCJ) settled a lawsuit over excessive heat filed by prisoners at the Wallace Pack Unit, by agreeing to air condition the facility and move heat-sensitive prisoners to cooler cells, …
Article • September 9, 2019 • from PLN September, 2019
Pennsylvania DOC’s New Mail Policy Robs Prisoners of the Personal Touch; Lawsuits Over Legal Mail Settle by David M. Reutter by David M. Reutter Last year the Pennsylvania Department of Corrections (PDOC) implemented a policy that prohibits prisoners from receiving original correspondence from their family members and friends. The policy …
Article • September 9, 2019 • from PLN September, 2019
Right to Speedy Trial Not Triggered by Placement in Administrative Segregation by David M. Reutter by David M. Reutter The Third Circuit Court of Appeals has held that a prisoner’s placement in administrative segregation while under investigation for a new crime does not trigger his right to a speedy trial …
Article • September 9, 2019 • from PLN September, 2019
Court Grants Compassionate Release After BOP Says Prisoner Wasn’t Dying Fast Enough by Dale Chappell by Dale Chappell In a case that demonstrates exactly why the First Step Act included much-needed changes for compassionate release for federal prisoners, the U.S. District Court for the District of Montana granted immediate release …
Article • September 9, 2019 • from PLN September, 2019
Filed under: GEO Group/Wackenhut
GEO Group Cancels Contract to Run New Mexico Private Prison by Matthew Clarke by Matt Clarke On June 27, 2019, private prison operator The GEO Group, based in Boca Raton, Florida, announced that it would stop operating the Northeast New Mexico Detention Facility in Clayton. The company cited inadequate compensation …
Article • September 9, 2019 • from PLN September, 2019
Female Attorneys Denied Access to Clients at Missouri Jail Due to Bras by Edward Lyon by Ed Lyon As of May 2019, a new policy at the Jackson County Detention Center in Missouri requires female attorneys to remove any brassieres with metal underwires before passing through a metal detector in …
Article • September 9, 2019 • from PLN September, 2019
Filed under: Medical, Hepatitis, Settlements
Colorado DOC Settles Lawsuit, Agrees to Treat Thousands of Prisoners with HCV by Dale Chappell by Dale Chappell The Colorado Department of Corrections (CDOC) has agreed to settle a class-action lawsuit by providing lifesaving treatment to thousands of prisoners with hepatitis C (HCV), which will cost the state at least …
Article • September 9, 2019 • from PLN September, 2019
Settlement in Class-Action Suit Over SMU Conditions at Georgia Prison by David M. Reutter by David M. Reutter A Georgia federal district court has approved a settlement agreement in a class-action lawsuit challenging conditions and practices in the Special Management Unit (SMU) at the Georgia Diagnostic and Classification Prison. The …
First Step Act Update: Over 1,600 Sentences Reduced, 3,000 Prisoners Released by Dale Chappell, Douglas Ankney by Dale Chappell and Douglas Ankney As of late July 2019, the federal Bureau of Prisons (BOP) had released over 3,000 prisoners under the First Step Act, a landmark criminal justice reform measure signed …
Article • September 9, 2019 • from PLN September, 2019
Sleeping Guard Who Allowed Suicidal Prisoner to Hang Himself Prompts $507,500 Settlement by Dale Chappell by Dale Chappell A sleeping guard at the Lancaster County jail in South Carolina, who was supposed to be watching a suicidal prisoner who killed himself, prompted the county to settle a wrongful death suit …
Article • September 9, 2019 • from PLN September, 2019
Virginia Jail Not Responding to Problems Cited in Department of Justice Report by Douglas Ankney by Douglas Ankney "Help us.” “We are dying in here.” “They are trying to kill us.” Those were just some of the pleas that civil rights and mental health advocates heard from prisoners who shouted …
Article • September 9, 2019 • from PLN September, 2019
Mississippi County Pays $27,500 to Settle Lawsuit by Prisoner “Jumped” by Other Prisoners by Dale Chappell by Dale Chappell A man held at the Lauderdale County jail in Mississippi for failure to register as a sex offender settled a federal lawsuit over permanent injuries he received when he was “jumped” …
Article • September 9, 2019 • from PLN September, 2019
Filed under: Pensions
New York City May Expand Investment Bar to Prison Service Providers by Kevin Bliss by Kevin Bliss Under a policy adopted in 2017 by the Comptroller of New York City, none of the city’s five pension funds has any investments in private prison operators due to concerns about investing public …
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