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From the Editor

Article • February 1, 2022 • from PLN February, 2022

Filed under: Editorials

From the Editor by Paul Wright by Paul Wright This month’s cover story on Rikers Island is one of dozens of articles we have run on the New York City jail over the past 32 years, and it shows the entrenched nature of police state power in America. Located in …

Omicron Has Arrived. Many Prisons and Jails Are Not Ready.

Article • February 1, 2022 • from PLN February, 2022

Filed under: Contagious Disease -- Misc., COVID-19

Omicron Has Arrived. Many Prisons and Jails Are Not Ready. by Beth Schwartzapfel, Keri Blakinger Experts fear “another potential tinderbox scenario” akin to the early days of the pandemic. by Beth Schwartzapfel and Keri Blakinger In the Philadelphia jail, the number of COVID-19 cases has tripled in the last two …

Long-Time PLN Contributor Released from Solitary Stint in Oregon for ‘Contraband’ Toy Phone

Article • February 1, 2022 • from PLN February, 2022

Filed under: Retaliation for Litigating, Retaliation for Filing Grievances, Control Units/SHU/Solitary Confinement

Long-Time PLN Contributor Released from Solitary Stint in Oregon for ‘Contraband’ Toy Phone by Jacob Barrett Incident Prompts State Legislative Hearing by Jacob Barrett On December 28, 2021, long-time PLN contributor and jailhouse lawyer Mark Wilson, 52, was released from a 120-day stint in solitary confinement at the Oregon State …

Inmate Magazine Service Settlement Prohibits Further Sale of Magazine Subscriptions, Orders Payment of $2.2 Million for ‘Consumer Redress’

Article • February 1, 2022 • from PLN February, 2022

Filed under: Settlements, Seizure of Prisoner Funds, Scheme or Artifice to Defraud

Inmate Magazine Service Settlement Prohibits Further Sale of Magazine Subscriptions, Orders Payment of $2.2 Million for ‘Consumer Redress’ by On September 7, 2021, Inmate Magazine Service (IMS) owner Roy Snowden entered into a settlement with the Federal Trade Commission (FTC) and Florida Attorney General Ashley Moody (R) that prohibits him …

Another Death by Taser in Sangamon County, Illinois Jail

Article • February 1, 2022 • from PLN February, 2022

Filed under: Stun Guns/Tasers, Excessive Force (Wrongful Death)

Another Death by Taser in Sangamon County, Illinois Jail by Jayson Hawkins by Jayson Hawkins Many issues surrounding criminal justice and law enforcement have been up for debate in recent years, yet the jury is back on the question of Tasers used on people in custody. The weapon has been …

$900,000 Settlement in Class Action Lawsuit Alleging Securus Recorded California Prisoner-Attorney Calls

Article • February 1, 2022 • from PLN February, 2022

Filed under: Settlements, Attorney Calls, Telephone Monitoring, Class Actions

$900,000 Settlement in Class Action Lawsuit Alleging Securus Recorded California Prisoner-Attorney Calls by David Reutter Company Walks From Similar Case in Maine by David M. Reutter In November 2021, a year after a federal district court in California approved a $900,000 settlement in a class-action lawsuit alleging Securus Technologies, Inc. …

Fourth Circuit Grants Qualified Immunity to Prison Official Who Gave Prisoner No Notice Before Hearing That Resulted in Transfer to Security Detention

Article • February 1, 2022 • from PLN February, 2022

Filed under: Retaliatory Transfers, Immunity - Absolute and Qualified, Notice - Adequacy of

Fourth Circuit Grants Qualified Immunity to Prison Official Who Gave Prisoner No Notice Before Hearing That Resulted in Transfer to Security Detention by David Reutter by David M. Reutter In a ruling on March 30, 2021, the Fourth Circuit Court of Appeals held that prison officials were entitled to qualified …

California Appeals Court Reverses Dismissal of Charges Against Prisoners Charged in Pelican Bay Riot

Article • February 1, 2022 • from PLN February, 2022

Filed under: Prison Rebellion, Protests, Dismissal

California Appeals Court Reverses Dismissal of Charges Against Prisoners Charged in Pelican Bay Riot by David Reutter by David M. Reutter On June 9, 2021, the California Supreme Court declined to hear an appeal to a decision handed down by the state’s First District Court of Appeal on March 29, …

‘Disconnect’ Between Illinois Prisoner’s Grievance and Complaint Results In Failure to Exhaust

Article • February 1, 2022 • from PLN February, 2022

Filed under: Complaints, Administrative Exhaustion, Grievances

‘Disconnect’ Between Illinois Prisoner’s Grievance and Complaint Results In Failure to Exhaust by Jacob Barrett Seventh Circuit Also Rules Internal Investigation Does Not Toll Exhaustion by Jacob Barrett A June 16, 2021, ruling by the U.S. Court of Appeals for the Seventh Circuit highlights the importance for prisoners who file …

Fifth Circuit Reinstates Federal Prisoner’s Tort Claim Against BOP Officials

Article • February 1, 2022 • from PLN February, 2022

Filed under: Federal Tort Claims Act, Failure to Treat (Mental Illness)

Fifth Circuit Reinstates Federal Prisoner’s Tort Claim Against BOP Officials by Keith Sanders by Keith Sanders The U.S. Court of Appeals for the Fifth Circuit held on August 23, 2021, that a district court erred in dismissing a former federal prisoner’s intentional tort claims. The former prisoner, Bryan Kerr Dickson, …

$4,000 Federal Bench Verdict to Kentucky Prisoner Assaulted by Guard While Restrained

Article • February 1, 2022 • from PLN February, 2022

Filed under: Guard Brutality/Beatings, Restraints, Settlements

$4,000 Federal Bench Verdict to Kentucky Prisoner Assaulted by Guard While Restrained by On March 26, 2021, the U.S. DistrictCourt for the Western District of Kentucky granted summary judgment to a state prisoner who sued a former guard for assaulting him while he was compliant and restrained. Kentucky State Penitentiary …

New York Jail Required to Provide Methadone to Detainee for Addiction Treatment

Article • February 1, 2022 • from PLN February, 2022

Filed under: Drug Addiction, Drug Testing/Treatment Programs

New York Jail Required to Provide Methadone to Detainee for Addiction Treatment by On September 7, 2021, Judge David Hurd of the U.S. District Court for the Northern District of New York ruled that a detainee should be granted injunctive relief and continue receiving methadone treatment for his opioid addiction …

Fifth Circuit Holds Private Immigration Detention Facilities Are Subject to Trafficking Victims Protection Act’s Prohibition Against Coerced Labor

Article • February 1, 2022 • from PLN February, 2022

Filed under: Corrections Corporation of America/CoreCivic, Prison Labor, Right to Bail Hearing

Fifth Circuit Holds Private Immigration Detention Facilities Are Subject to Trafficking Victims Protection Act’s Prohibition Against Coerced Labor by Matthew Clarke by Matt Clarke After a trio of federal court rulings in 2021 regarding the labor of immigrant detainees, the first one remained the clearest victory so far for plaintiffs. …

News in Brief

Article • February 1, 2022 • from PLN February, 2022

Filed under: News in Brief

News in Brief by Alabama: According to Birmingham Real-Time News, a kidnapper was recaptured after being erroneously released from jail in Jefferson County, Alabama, on December 17, 2021. The prisoner, Matthew Burke, 35, was apprehended during a traffic stop after being released from the Jefferson County Jail on Dec. 11 …

Seventh Circuit: No Case for Loss of Eye from Medical Neglect Because of Lack of Expert Testimony

Article • February 1, 2022 • from PLN February, 2022

Filed under: Wexford Health Services, Failure to Treat, Medical Neglect/Malpractice, Opinions and Expert Testimony

Seventh Circuit: No Case for Loss of Eye from Medical Neglect Because of Lack of Expert Testimony by Jacob Barrett by Jacob Barrett A recent ruling by the U.S. Court of Appeals for the Seventh Circuit highlights the importance of producing expert testimony to refute assertions made by defendant health …

Fifth Circuit Says Federal Habeas Action May Not Be Used to Challenge Conditions of Confinement Related to COVID-19

Article • February 1, 2022 • from PLN February, 2022

Filed under: Contagious Disease -- Misc., COVID-19, Conditions of Confinement, Habeas Corpus

Fifth Circuit Says Federal Habeas Action May Not Be Used to Challenge Conditions of Confinement Related to COVID-19 by Matthew Clarke by Matt Clarke As previously reported by PLN, federal appellate courts in the U.S. have taken a dim view of challenges to conditions of confinement that place prisoners at …

Ninth Circuit Continues Trend of Reversing Injunctive Relief Protecting Prisoners From COVID-19

Article • February 1, 2022 • from PLN February, 2022

Filed under: COVID-19, Injunctions, Immigration Law/Offenses

Ninth Circuit Continues Trend of Reversing Injunctive Relief Protecting Prisoners From COVID-19 by Douglas Ankney by Douglas Ankney On October 20, 2021, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s injunction ordering system-wide relief to protect detainees held for federal Immigration and Customs Enforcement (ICE) …

Judge Sentences Boss of ‘Horrific’ Cuyahoga Ohio Jail to Prison

Article • February 1, 2022 • from PLN February, 2022

Filed under: DOC/BOP misconduct, Jail Misconduct, Misrepresentations

Judge Sentences Boss of ‘Horrific’ Cuyahoga Ohio Jail to Prison by Edward Lyon “I don’t know how you can live with yourself.” by Ed Lyon In Cuyahoga County, Ohio, County Executive Armond Budish (D) is now the last man standing in a decade-long county government and jail malfeasance and mismanagement …

After Second Circuit Rules in His Favor, Connecticut Prisoner Required to Exercise in Full Restraints for Six Months Takes $100,000 Settlement

Article • February 1, 2022 • from PLN February, 2022

Filed under: Exercise, Restraints, Settlements

After Second Circuit Rules in His Favor, Connecticut Prisoner Required to Exercise in Full Restraints for Six Months Takes $100,000 Settlement by Matthew Clarke by Matt Clarke After a federal appeals court vacated a district court’s judgment in favor of Connecticut prison officials, they settled for $100,000 with a prisoner …

Qualified Immunity Granted in Suit Challenging Policy of “Checking-In” on Nevada Prisoner’s Legal Calls

Article • February 1, 2022 • from PLN February, 2022

Filed under: Attorney Calls, Electronic Communictions Privacy Act, Immunity - Absolute and Qualified

Qualified Immunity Granted in Suit Challenging Policy of “Checking-In” on Nevada Prisoner’s Legal Calls by David Reutter by David M. Reutter On July 8, 2021, the U.S. Court of Appeals for the Ninth Circuit refused a request to rehear en banc a decision by a three-judge panel of the Court …