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Article • January 1, 2022 • from PLN January, 2022
New Illinois Law Allows Early Release for a Few Eligible Offenders by Casey Bastian by Casey J. Bastian In August 2021, Illinois Governor J.B. Pritzker (D) signed House Bill 3665 into law, allowing for the early release of certain prisoners housed in the Illinois Department of Corrections (DOC) who are …
Article • January 1, 2022 • from PLN January, 2022
Filed under: Supervisory Liability
Second Circuit: Supervisor Must Have Subjective Knowledge of Sexual Abuse by Guards to Be Liable by On December 28, 2020, the United States Court of Appeals for the Second Circuit held that a prisoner who was sexually abused by three guards must prove their supervisor had subjective knowledge of the …
California Supreme Court: CDCR Cannot Exclude Nonviolent Sex Offenders From Proposition 57 Parole Consideration by On December 28, 2020, the Supreme Court of California held that California Department of Corrections and Rehabilitation (CDCR) regulations excluding nonviolent sex offenders with from parole consideration under Proposition 57, the Public Safety and Rehabilitation …
Colorado Supreme Court Holds Governor Is Appropriate Defendant in Cases Involving State Constitutional Responsibility by The Colorado Supreme Court has decided “that the Governor is an appropriate defendant in cases involving ‘his constitutional responsibility to uphold laws of the state and to oversee Colorado’s executive agencies.’” The Court’s February 1, …
Article • January 1, 2022 • from PLN January, 2022
Fifth Circuit Dismisses Appeal by Mississippi Prisoner It Calls “Vexatious Litigant” by On August 9, 2021, the U.S. Court of Appeals for the Fifth Circuit held that a Mississippi prisoner who had filed at least a dozen federal lawsuits pro se since 2004 and admitted using them “against his custodians …
Article • January 1, 2022 • from PLN January, 2022
Filed under: Hepatitis, Settlements
Texas Agrees to Settlement Providing Prisoners Hep C Treatment, Will Pay $950,000 in Attorney Fees by Matthew Clarke by Matt Clarke A trio of pro se prisoner appeals denied by the U.S. Court of Appeals for the Fifth Circuit on September 22, 2021, left intact an agreement approved earlier in …
Article • January 1, 2022 • from PLN January, 2022
Fifth Circuit Refuses to Issue Injunction After Mississippi Psychiatric Prison Improves Conditions by Matthew Clarke by Matt Clarke On August 5, 2021, the U.S. Court of Appeals for the Fifth Circuit refused to reverse a district court and order an injunction against the Mississippi Department of Corrections (DOC) because, during …
Article • January 1, 2022 • from PLN January, 2022
Criminal Sheriffs by Anthony Accurso How Unchecked Power and No Oversight Gives Rise to Abuses by Anthony W. Accurso On December 15, 2000, Derwin Brown was returning from a party when he was gunned down. He was holding flowers he had purchased for his wife, Phyllis, when assailants opened fire, …
Article • January 1, 2022 • from PLN January, 2022
Filed under: DOC/BOP misconduct
How Corrupt is Too Corrupt for Atlanta Federal Prison? by Casey Bastian by Casey J. Bastian The U.S. Penitentiary (USP) in southeast Atlanta, a federal complex that has been at the center of multiple scandals and allegations of corruption over the last decade, was “nearly vacant” at the end of …
Article • January 1, 2022 • from PLN January, 2022
Do County Jails Treat Black Women Worse Than Other Prisoners? by Kevin Bliss by Kevin Bliss Black women in pretrial detention were treated worse than any other group of detainees due to the inherently racist, sexist, and economically prejudiced practices in the criminal justice system, according to an Al Jazeera …
Article • January 1, 2022 • from PLN January, 2022
Filed under: Prison Labor
Corporations Using Prisoners to Fight Phantom Labor Shortage by Matthew Clarke by Matt Clarke Recently, during an industrial conference, executives from Waste Management Services (which recorded $15.22 billion in 2020 revenues), discussed using immigrants as truck drivers, and other industry executives suggested using prison or work-release programs to fill openings …
Article • January 1, 2022 • from PLN January, 2022
$500 Default Judgement in Female Michigan Prisoner’s Pro Se Excessive-Force Claim by A Michigan federal district court awarded a $493.80 default judgement on October 29, 2020, to a prisoner in a civil rights action alleging excessive use of force by guards at Huron Valley Correctional Facility in Ypsilanti, Michigan. The …
Article • January 1, 2022 • from PLN January, 2022
Federal Judge Springs Former PLN Editor from “Iron Man” Pretrial Detention Cell by Casey Bastian by Casey J. Bastian Saying the unduly harsh confinement conditions he’d endured for nearly two years—without ever being convicted of a crime—likely violate the Fourteenth Amendment, the U.S. District Court for the Middle District of …
Article • January 1, 2022 • from PLN January, 2022
Four Female Prisoners Seek Damages Over Abuses at Oregon Prison Called A “Cesspool” of Staff Sexual Abuse, Latest in Abuse Saga by Mark Wilson by Mark Wilson In a report on pervasive sexual abuse of prisoners at Oregon’s only women’s prison in 2017, Prison Legal News reached another five years …
Article • January 1, 2022 • from PLN January, 2022
$2 Million Paid by North Carolina Jail for Prisoner’s Wrongful Death; Undisclosed Amount Paid by Southeastern Medical Services by Jacob Barrett by Jacob Barrett On January 8, 2020, the U.S. District Court for the Western District of North Carolina approved a $2 million settlement to be paid by Buncombe County, …
Article • January 1, 2022 • from PLN January, 2022
$175,000 Awarded to New York Prisoner’s 686 Days Unconstitutional Post Release Supervision by David Reutter by David M. Reutter On Dec. 4, 2020, a federal district court in New York awarded $175,000 to a former state prisoner who was imprisoned for 686 days as a result of an unconstitutionally imposed …
Article • January 1, 2022 • from PLN January, 2022
Filed under: Censorship
Third Circuit Revives Pennsylvania Prisoner’s Lawsuit Over Censorship of Incoming Mail Containing Key Evidence by Matthew Clarke, Dale Chappell by Matt Clarke and Dale Chappell On August 9, 2021, the U.S. Court of Appeals for the Third Circuit reversed the dismissal of a prisoner’s lawsuit alleging his due-process and access-to-courts …
Article • January 1, 2022 • from PLN January, 2022
Filed under: News in Brief
News in Brief by Alabama: On November 17, 2021, a former Alabama state prison guard was sentenced in federal court in Birmingham to 87 months in prison. As reported by the Birmingham News, a search found the guard, Gary Charles Dixon, Jr., 36, with 497 grams of methamphetamine when he …
Article • January 1, 2022 • from PLN January, 2022
Seventh Circuit Holds Dismissal of Lawsuit Removed to Federal Court Cannot Count as PLRA “Strike” by On December 22, 2020, the U.S. Court of Appeals for the Seventh Circuit held that when a lawsuit is removed to federal court from state court and then dismissed for failure to state a …
Article • January 1, 2022 • from PLN January, 2022
She Tried to Report Sexual Harassment in Jail. After Her Suicide, the Guard Was Convicted of Assaulting Four Other Women by C.J. Ciaramella by C.J. Ciaramella, Reason.com The family of a 23-year-old woman who committed suicide in a rural Washington jail in December 2019 says she tried to report sexual …
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