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Article • March 6, 2019 • from PLN March, 2019
Kentucky Jailer Gets New Trial in Beating of Pretrial Detainee by In a December 12, 2018 ruling, the Sixth Circuit Court of Appeals ordered a new trial for a former guard at the Kentucky River Regional Jail. The appellate court found the admission into evidence of the guard’s prior beating …
Article • March 6, 2019 • from PLN March, 2019
Maine Prisoner’s Challenge to Confiscation of Funds States Declaratory Judgment Claim by David Reutter by David Reutter The Maine Supreme Judicial Court held on October 16, 2018 that a trial court erred by dismissing a petition challenging a prison rule that requires any prisoner who earns money for work to …
Article • March 6, 2019 • from PLN March, 2019
Colorado Voters Approve Constitutional Amendment Abolishing Prison Slavery by Matthew Clarke by Matt Clarke  The second time was the charm. On November 6, 2018, Colorado voters overwhelmingly approved an amendment to the state’s constitution that abolished all forms of slavery and involuntary servitude, after rejecting a similar ballot measure in …
Article • March 6, 2019 • from PLN March, 2019
Settlement in Lawsuit Against Missouri DOC’s Selection of Execution Witnesses by Kevin Bliss by Kevin Bliss Christopher McDaniel, an investigative journalist for BuzzFeed News, sued the director of the Missouri Department of Corrections (DOC) for maintaining a policy of selecting witnesses for executions that constructively denied applicants based on their …
Article • March 6, 2019 • from PLN March, 2019
Filed under: Attorney Misconduct
New York Criminal Defense Attorney Charged with Federal Crimes by Chad Marks by Chad Marks Scott Brettschneider, 61, a criminal defense attorney from Queens, New York known by many as “Mighty Whitey,” was arrested on March 26, 2018 in connection with accusations that he falsified documents to get one of …
Article • March 6, 2019 • from PLN March, 2019
Prisoner Who Inspired First Step Act Is First Released by Kevin W. Bliss by Kevin W. Bliss Federal prisoner Matthew Charles, 52, was released in January 2019 after serving over 21 years of his 35-year sentence for selling crack cocaine in 1996. He was one of the catalysts for, and …
Article • March 6, 2019 • from PLN March, 2019
Reports Cite Poor Leadership in U.S. Marshals Service by Edward Lyon by Ed Lyon For aficionados of “U.S. Marshals” and “The Fugitive,” movies staring Tommy Lee Jones, it may come as a shock that art comes nowhere near to a true imitation of life. That was painfully evident in a …
Article • March 6, 2019 • from PLN March, 2019
Long-Term Illinois Prisoners Rarely Released by State Parole Board by Rick Anderson by Rick Anderson The more a certain group of Illinois prisoners age behind bars, the less likely they are to be released, according to a study released last year by the non-partisan, not-for-profit group Injustice Watch. The study, …
Article • March 6, 2019 • from PLN March, 2019
North Carolina Prison Guard Sues Over Religious Discrimination by Monte McCoin by Monte McCoin As PLN has reported numerous times, before the Supreme Court’s ruling in Holt v. Hobbs, 135 S.Ct. 853 (2015) [PLN, Aug. 2015, p.50], Muslim prisoners were routinely denied their right to grow a beard as required …
Article • March 6, 2019 • from PLN March, 2019
Voters Consider Criminal Justice-Related Issues in Midterm Elections by Steve Horn by Steve Horn The November 6, 2018 midterm elections saw a slew of criminal justice-related issues on the ballot in jurisdictions across the country.  In states ranging from Florida, Ohio and Colorado to Louisiana and Michigan, various criminal justice-oriented …
Article • March 6, 2019 • from PLN March, 2019
California Prison Psychologist Blows Whistle on LGBTQ Harassment, Settles Lawsuit for Retaliation by Dale Chappell by Dale Chappell A prison psychologist who filed a complaint under the California Whistleblower Protection Act alleging blatant abuse by state prison guards against LGBTQ prisoners has agreed to settle her lawsuit and resign. Dr. …
Article • March 6, 2019 • from PLN March, 2019
Grandmother Arrested and Mocked by Federal Agents Awarded $55,000 Settlement by Chad Marks by Chad Marks Guadalupe Robles Plascencia became a naturalized U.S. citizen in May 1998, and San Bernardino, California has been her home for nearly 40 years. It’s where she raised her five children. It also is the …
Article • March 6, 2019 • from PLN March, 2019
Filed under: Guard Misconduct
LA County Jail Guards’ Conviction for Assaulting Visitor Upheld by David Reutter by David Reutter The Ninth Circuit Court of Appeals has affirmed the convictions of three guards who assaulted a handcuffed visitor at the Los Angeles County Men’s Central Jail in February 2011. Gabriel Moses Carrillo and his girlfriend, …
Article • March 6, 2019 • from PLN March, 2019
Arkansas DOC Director’s Sole Discretion to Determine Competency for Execution Violates Due Process by Mark Wilson by Mark Wilson The Arkansas Supreme Court held that a state law granting the corrections director sole discretion to determine if a prisoner is competent to be executed violates state and federal due process …
Article • March 6, 2019 • from PLN March, 2019
Wisconsin Federal Court Denies New Trial, Grants Attorney Fees in Sexual Abuse Case by In addition to ruling on a motion for judgment as a matter of law filed by the defendants, a Wisconsin federal district court granted attorney fees and costs totaling $539,822.62. The ruling followed a jury verdict …
Article • March 6, 2019 • from PLN March, 2019
$150,000 Settlement after Michigan DOC Discriminates Against HIV Positive Prisoner by Kevin Bliss by Kevin Bliss John Dorn sued the Michigan Department of Corrections (MDOC) for subjecting him to harsher disciplinary penalties than other prisoners simply because he was HIV positive.  Represented by attorneys Chris E. Davis and Mark A. …
Article • March 6, 2019 • from PLN March, 2019
Federal Court Certifies Class in Ohio County Jail Debit Card Case by Chad Marks by Chad Marks On November 16, 2018, a federal judge in the Northern District of Ohio granted a motion for class certification in a case where jail staff were accused of issuing unsolicited fee-laden debit cards …
Article • March 6, 2019 • from PLN March, 2019
Seventh Circuit Vacates, Remands Punitive Damages Award Against Wexford by Derek Gilna by Derek Gilna The Seventh Circuit Court of Appeals has remanded a prisoner’s lawsuit against Wexford Health Sources, Inc., the healthcare provider for Illinois’ Department of Corrections, for either a reduced punitive damages award or a new trial …
Article • March 6, 2019 • from PLN March, 2019
Tenth Circuit: Qualified Immunity Defeats 22-Year Solitary Confinement Claims by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Tenth Circuit held on August 29, 2018 that prison officials were entitled to qualified immunity in a lawsuit challenging a prisoner’s 22 years in solitary confinement.  Kansas prisoner …
Article • March 6, 2019 • from PLN March, 2019
Filed under: Misconduct/Corruption
Alaska Disciplinary Order Vacated for Violating Wolff’s Statement of Reasons Requirement by Mark Wilson by Mark Wilson In an August 31, 2018 ruling, the Alaska Supreme Court held that a prison disciplinary order stating only that the prisoner was “guilty” violated his due process rights.  In 1974, the U.S. Supreme …
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