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Article • August 25, 2016
Court's Expert Says Medical Care at Idaho Prison is Unconstitutional by Matthew Clarke On March 19, 2012, a federal court in Idaho unsealed a report by court-appointed special master and expert on prison health care, Dr. Marc Stern which the state had attempted to suppress. In the February 2, 2012, …
Settlement in Suit Challenging Conditions in Illinois Juvenile Prisons by Matthew Clarke On September 12, 2012, the American Civil Liberties Union (ACLU) helped youth incarcerated in secure Illinois Youth Centers operated by the Illinois Department of Juvenile Justice (IDJJ) file a class-action federal lawsuit alleging that conditions in the IDJJ …
Article • August 24, 2016
11th Circuit Affirms Judgment for Prison Officials in Violence Case by The United States Court of Appeals for the Eleventh Circuit affirmed on April 2, 2014, the lower court's grant of summary judgment for the defendants in a §1983 claim weighed by plaintiff Jody O'Neil Harrison, seeking damages for injuries …
7th Circuit Affirms as Proper Jury Instructions on Intent and Harm Elements of Excessive Force Claim Brought by Wisconsin Pretrial Detainee by The U.S. Court of Appeals for the Seventh Circuit has affirmed a lower court’s use of jury instructions including harm and subjective intent elements of a use of …
Article • August 24, 2016
Iowa's Governor Commutes Juvenile Life-Without-parole Sentences to 60 Years Flat by Matthew Clarke In a controversial reaction to a recent Supreme Court ruling declaring mandatory life-without-parole sentences for juveniles unconstitutional, Iowa Governor Terry Branstad commuted the sentences of the 38 Iowa juvenile who had been sentenced to life without parole …
Article • August 23, 2016
Federal Jury Awards $45,001 to Maryland Prisoner Assaulted By Guards by Michael Rigby On October 22, 2004, a federal jury awarded a Maryland state prisoner $45,001 in damages after concluding that Institution (WCI) guards violated his civil rights by beating him while he was handcuffed. The jury found guards Gary …
The Dead Zone: How Privatization, Isolation and Cruelty Are Killing Prisoners in Arizona by By the time Jan Brewer replaced Janet Napolitano as Arizona's governor in 2009, it had been 22 years since the Arizona Department of Corrections (ADC) built the first prison in the United States designed exclusively for …
Article • August 23, 2016
Ohio: Hunger Striker Represents Himself, Beats Attempted Murder Charges by An Ohio supermax prisoner, representing himself while on a month-long hunger strike, won his acquittal in February of attempted murder charges stemming from fights with prison guards. Cornelius Harris, a 27-year-old prisoner serving a 97-year sentence for robbery and kidnapping …
Fifth Circuit Reverses District Court's Denial of Appointment of Counsel by On March 6, 2009, Fifth Circuit reversed the district court's denial of appointment of counsel and upheld the dismissal of free exercise, equal protection and retaliation claims. Texas prisoner Willie Lee Garner filed a pro se lawsuit pursuant to …
Eighth Circuit Affirms Denial of Qualified Immunity by The Eighth Circuit Court of Appeals upheld the denial of qualified immunity to two guards on failure-to-protect claims. Minnesota prisoner Kenneth Young was assigned to Edward Whitefeather’s cell. Almost immediately, Whitefeather threatened Young, telling him that “he would do whatever he wanted …
Article • August 19, 2016
Filed under: Eighth Amendment
7th Circuit: Minimal Use of Force Not An Eight Amendment Violation by Wisconsin prisoner Juan Guitron alleged that a prison guard bent and injured his wrist. Following a preliminary screening required by 28 U.S.C. § 1915A, the district court dismissed the complaint and the 7th Circuit affirmed.             While prison …
Article • August 11, 2016
Filed under: Eighth Amendment, Water, Bedding
$295,001 Awarded to Wisconsin Prisoner for Wet Mattress by In the United States District Court, Western District of Wisconsin at Madison, on September 17, 2008, a jury returned for plaintiff, Wisconsin state prisoner Reggie Townsend on an 8th amendment civil rights case that was previously granted summary judgment for the …
Mentally Ill Held in Canadian Prison's 'Unsuitable' Former Segregation Unit by Joe Watson Despite recommendations from the United Nations, the Canadian Human Rights Commission (CHRC) and from within its own federal corrections system, Ontario, Canada's Millhaven Institution continues to lock up prisoners with acute mental illnesses inside cells that are …
Publication • August 9, 2016
Cruel and Unusual: Sentencing 13- and 14-Year-Old Equal Justice Initiative Children to Die in Prison, EJI, 2007 “The susceptibility of juveniles to immature and irresponsible behavior means ‘their irresponsible conduct is not as morally reprehensible as that of an adult.’ Their own vulnerability and comparative lack of control over their …
Amnesty International Says ADX-Florence Supermax Violates International Law by Mark Wilson The Bureau of Prisons (BOP) is subjecting prisoners to cruel, degrading and “inhuman” conditions, in violation of international law, by locking them in long-term solitary confinement at the Administrative Maximum facility (ADX) at Florence, Colorado, according to a recent …
Publication • August 3, 2016
Torture and other cruel, inhuman or degrading treatment or punishment, U.N. General Assembly, 2011 A/66/268 United Nations General Assembly Distr.: General 5 August 2011 Original: English Sixty-sixth session Item 69 (b) of the provisional agenda* Promotion and protection of human rights: human rights questions, including alternative approaches for improving the …
Article • August 2, 2016 • from PLN August, 2016
Ninth Circuit Reverses Habeas Relief in California Death Penalty Case by Derek Gilna On November 12, 2015, the Ninth Circuit Court of Appeals delivered a setback to death penalty abolitionists by reversing a grant of habeas corpus relief to a California prisoner who argued that the state’s post-conviction process in …
Article • August 2, 2016 • from PLN August, 2016
Filed under: Smoking, Eighth Amendment
Prison Tobacco Bans Reduce Smoking-related Deaths by Christopher Zoukis Tobacco use and secondhand smoke kill over 480,000 people in the United States annually. The mortality rate of smokers is three times higher than those who have never smoked, according to the Centers for Disease Control and Prevention, and smoking reduces …
Semelbauer et al v. Muskegon Co, MI, Plf Reply BiS, jail gender discrimination 8th Am, 2016 Case 1:14-cv-01245-JTN ECF No. 105 filed 08/02/16 PageID.2008 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHELLE SEMELBAUER, PAULETTE BOSCH, DENISE VOS, CRISA BROWN, …
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