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Article • December 1, 2021 • from PLN December, 2021
San Luis Obispo County Jail Conditions Violate Eighth and Fourteenth Amendments by Keith Sanders by Keith Sanders On August 31, 2021, the Department of Justice (DOJ) Civil Rights Division released a report detailing its investigation concerning the conditions inside San Luis Obispo County Jail. The findings of the report, conducted …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Education
How Trump Made a Tiny Christian College the Nation’s Biggest Prison Educator by Eli Hager by Eli Hager, The Marshall Project Six years ago, Ashland University, a small Christian college in the north-central region of Ohio known as the “Buckeye Bible Belt,” was in trouble. The school was $70 million …
Article • December 1, 2021 • from PLN December, 2021
BOP Trust Fund Accounts Reportedly Shield Prisoners from Payment Obligations by Dale Chappell by Dale Chappell Imagine being able to “hide” your money in an account where the government supposedly has no access to it and cannot force you to pay any court-ordered financial obligations, such as child support or …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Strip Searches, Settlements
$53 Million Settlement in Los Angeles Jail Strip Search Lawsuit Approved by David Reutter by David M. Reutter A California federal district court approved a $53 million settlement in a class action lawsuit alleging women held by the Los Angeles County Sheriff’s Department (LASD) were subjected to “highly invasive body …
Article • December 1, 2021 • from PLN December, 2021
Disenfranchisement the Old Fashioned Way by Jayson Hawkins A federal district court judge looks at the history and impact of keeping prisoners from the polls by Jayson Hawkins In the aftermath of the 2020 election, legislatures across the nation responded to claims of election fraud by proposing a flurry of …
Article • December 1, 2021 • from PLN December, 2021
Whistleblower Alleges Hawaii Prison Officials Provided False Audit Data by Kevin Dayton A staffer says false data in a 2018 audit of the Maui jail hid deviations from staffing requirements under the federal Prison Rape Elimination Act. by Kevin Dayton, Honolulu Civil Beat State officials submitted data for a federal …
Article • December 1, 2021 • from PLN December, 2021
Ninth Circuit: Pretrial Detainees Have Right to Direct-View Safety Checks by David Reutter by David M. Reutter The Ninth Circuit Court of Appeals reversed a grant of summary judgment to a jail nurse, holding that it was clearly established at the time of the events relevant to the lawsuit under …
Article • December 1, 2021 • from PLN December, 2021
Filed under: PLN Litigation, Censorship
HRDC Sues Lincoln County Wisconsin Jail over Censorship Practices by The Human Rights Defense Center (HRDC) sued the Lincoln County, Wisconsin, Jail (LCJ) alleging its mail policies violate HRDC’s First Amendment rights by banning all publications. The lawsuit also alleges Fourteenth Amendment violations for failing to provide due process when …
Article • December 1, 2021 • from PLN December, 2021
Federal Prisons’ Switch to Scanning Mail Is a Surveillance Nightmare by Lauren Gill The Bureau of Prisons has piloted a program that can give authorities “huge secret intelligence into the public sender of postal mail.” by Lauren Gill, originally published by The Intercept, September 26, 2021 In a Pennsylvania federal prison, …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Injunctions (PLRA)
Eleventh Circuit: Preliminary Injunctions Have 90-Day Limit Under PLRA; Permanent Injunction Required to Extend Relief by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals held that “the entry of a permanent injunction is necessary to prevent a preliminary injunction from expiring by operation of law after …
Article • December 1, 2021 • from PLN December, 2021
Eighth Circuit Rules District Court Must Use Federal Law for Admissibility of Expert Testimony by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eighth Circuit agreed with Plaintiff Craig Shipp that a district court erred when it failed to rely on federal law in determining the …
Pennsylvania Supreme Court: Illegal Juvenile LWOP Sentence Undermined Validity of Later Conviction by Douglas Ankney by Douglas Ankney  The Supreme Court of Pennsylvania held that an illegal mandatory sentence of life without parole (“LWOP”) imposed upon a juvenile undermined the validity of a later conviction for assault by a life …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Compassionate Release
Too Many In-Custody Deaths of BOP Prisoners are Unnecessary and Preventable by Casey Bastian by Casey J. Bastian William Figueria was imprisoned at Butner, a federal facility in North Carolina. Figueria was 63-years-old, and was serving a 30-month sentence for Distribution of Cocaine Base. On April 20, 2020, Figueria died …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Marijuana Laws/Issues
California Supreme Court: Prisoners Cannot Legally Possess Cannabis by Casey Bastian by Casey Bastian On November 8, 2016, California voters went to the polls to consider whether the Control, Regulate, and Tax Adult Use of Marijuana Act, known as Proposition 64 (Prop64), should be approved. Prop64 was easily passed with …
Article • December 1, 2021 • from PLN December, 2021
Public Records Suit Filed Against Florida DOC To Obtain Formula Used To Compute Sentences by The American Civil Liberties Union (ACLU) of Florida has filed a second public records lawsuit against the state’s Department of Corrections (DOC) to obtain the formulas used to calculate a prisoner’s release date. The first …
Article • December 1, 2021 • from PLN December, 2021
History Professor Fired After Criticizing University’s Racist Past and Pro-Prison Present by Keith Sanders by Keith Sanders Dr. Garrett Felber, a history professor at the University of Mississippi (UM), has distinguished himself over the years as a vocal critic of America’s racist criminological and penological institutions. At conferences and public …
Article • December 1, 2021 • from PLN December, 2021
Civilly Detained Sex Offender Plaintiff Proceeding In Forma Pauperis Not a Prisoner Under PLRA by The Second Circuit Court of Appeals held that “an individual detained pursuant to civil sex offender confinement statute is not a ‘prisoner’ under the PLRA.” The court directed the clerk to reimburse the appellant all …
Article • December 1, 2021 • from PLN December, 2021
Prison Visitors Have Fourth Amendment Right to Refuse Strip Search and Option to Leave Prison by The Ninth Circuit Court of Appeals held that a strip search of a prison visitor without first giving them the option of the leaving the prison was unreasonable under the Fourth Amendment. The court, …
Article • December 1, 2021 • from PLN December, 2021
Filed under: Drug Testing, junk science
Unreliable Drug Tests Standard for Law Enforcement and Prisons by Keith Sanders by Keith Sanders Illicit drugs pose a serious problem for both prisoners and officials inside America’s prisons and jails. To combat smuggling, many state and federal prisons use field test kits to evaluate substances introduced into the facilities. …
Article • December 1, 2021 • from PLN December, 2021
Massachusetts Prisons Pledge to End Solitary by Jayson Hawkins by Jayson Hawkins The Massachusetts Department of Corrections (DOC) surprised many critics with a June 2021 announcement of its intent to eliminate solitary confinement as it currently exists in the state prison system. State Public Safety and Security Secretary Thomas Turco …
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