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Article • May 9, 2018 • from PLN May, 2018
Dying Prisoner’s Complaint Alleged Claim for Failure to Treat Hepatitis C by The Eleventh Circuit Court of Appeals has reversed the dismissal of a prisoner’s civil rights action that accused staff at Autry State Prison of denying him treatment for hepatitis C. Georgia state prisoner Blair Mitchell, who was serving …
Federal Lawsuit Filed Against Oklahoma Sheriffs – All of Them by Derek Gilna by Derek Gilna A federal lawsuit was filed in November 2017 against every sheriff in the state of Oklahoma, along with judges, court officials and the Oklahoma Sheriffs’ Association, challenging a scheme that turned unpaid court fees …
Article • May 9, 2018 • from PLN May, 2018
Ohio: $75,000 Settlement Reached after 60-Year-Old Woman Body Slammed by Jail Guard by Christopher Zoukis by Christopher Zoukis A federal lawsuit filed by an elderly woman who suffered injuries after being slammed to the floor by a jail guard has ended in a settlement, and the guard disciplined. Marsha Pate-Strickland …
Article • May 9, 2018 • from PLN May, 2018
Newspaper Investigation Reveals Significant Problem with Life Sentences in Arizona by Christopher Zoukis by Christopher Zoukis An investigation by the Arizona Republic has exposed a serious problem with life sentences imposed by state courts throughout Arizona since 1994. In the 22 years between January 1994 and January 2016, 248 out …
California: Governor Signs Bill to Block Expansion of For-profit Detention Centers by Dale Chappell by Dale Chappell California Governor Jerry Brown signed a bill into law in October 2017 that blocks the expansion of for-profit immigration detention facilities, demonstrating the state’s opposition to President Trump’s efforts to crack down on …
Article • May 9, 2018 • from PLN May, 2018
Washington Prisoner’s Negligence Suit Settles for $75,000 by Washington State’s Spokane County Jail reached a $75,000 settlement in a lawsuit that alleged guards failed to protect a prisoner from being assaulted by another prisoner. Justin T. Betts, 35, has a long history of mental illness and has been jailed more …
Article • May 9, 2018 • from PLN May, 2018
Justice Department Failing to Assess Prison Population Reduction, Clemency and Reentry Programs by Christopher Zoukis by Christopher Zoukis In a statement made to members of Congress on December 13, 2017, the U.S. Government Accountability Office (GAO) reported on the failure of the Department of Justice (DOJ) to properly implement recommendations …
Article • May 9, 2018 • from PLN May, 2018
Alabama: State Agencies Have Absolute Immunity in a Court of Law or Equity by The Supreme Court of Alabama held that state agencies can never be made a defendant in any court of law or equity. The ruling resulted after the Alabama Department of Corrections (ADOC) filed a petition for …
Article • May 9, 2018 • from PLN May, 2018
Confusion Over Insanity Defense Leads One Jury to Issue Two Verdicts in Triple Murder by Christopher Zoukis by Christopher Zoukis A jury’s decision that a defendant on trial for murder was mentally ill but should go to prison led a judge to initially withhold judgment in the case. Dan Popp, …
$437,500 Settlement for Brutal Beating at Missouri Jail by A pretrial detainee who was brutally beaten without cause by guards at Missouri’s Jackson County Detention Center (JCDC) accepted $437,500 to settle his civil rights suit. James J. Ramirez was being held in the medical wing at JCDC after his arrest …
Article • May 9, 2018 • from PLN May, 2018
Filed under: Qualified Immunity
The “Qualified Immunity” Doctrine Needs to be Reexamined by Derek Gilna by Derek Gilna According to criminal justice expert and University of Chicago professor William Baude, “The doctrine of qualified immunity prevents government agents from being held personally liable for constitutional violations unless the violation was of ‘clearly established law.’” …
FTCA Claims Survive; PREA Policy Defeats Discretionary Function Exception by Jeremy Pinson by Jeremy Pinson While confined at the U.S. Penitentiary in Pollock, Louisiana, federal prisoner Rashod L. James filed suit under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680, against the United States and several prison employees – …
Article • May 9, 2018 • from PLN May, 2018
$15,000 Award for New York Prisoner in Medical Negligence Case by A New York Court of Claims awarded $15,000 to a prisoner after a nurse failed to timely diagnose and treat his heart attack. While running to first base during a softball game on May 25, 2011, Shawangunk Correctional Facility …
Hearing Impaired Man Beaten by Oregon Police While in Custody Awarded $500 by Christopher Zoukis by Christopher Zoukis Michael Evans, a hearing impaired man who was kicked and punched by several officers at the Multnomah County Detention Center in Oregon, was awarded a meager $500 by a federal jury.      …
Arrest of War Protesters in Seattle Leads to Civil Rights Settlement by Christopher Zoukis by Christopher Zoukis      Three attendees of a 2006 march against the war in Iraq held in Seattle, Washington, agreed to settle a lawsuit in which they claimed their arrests violated their civil rights.      On …
Article • May 8, 2018 • from PLN May, 2018
Due Process Mandatory Before Texas Requires Sex Offender Registration for Crimes not Covered by Statute by Matthew Clarke by Matt Clarke On August 8, 2017, a Texas federal district court determined that requiring a person on community supervision to register as a sex offender for a crime not covered by …
Indiana County Settles Jail Guard’s ADA/Discrimination Suit for $150,000 by Matthew Clarke by Matt Clarke In July 2017, an Indiana county settled a civil rights lawsuit brought by former jail guard Michael A. Jones that included claims under the Americans with Disabilities Act (ADA). The suit alleged the jail refused …
Whistleblowing Angola Prisoner Who Faced Retaliation Wins Relief, Redemption by William Kissinger was “widely regarded as a positive leader at Angola by both prisoners and staff” over the 27 years he spent at the Louisiana State Penitentiary. That is, until corrections officials became incensed with the content of his email …
Article • May 8, 2018 • from PLN May, 2018
$14.3 Million Settlement for Probationers Subject to Extortion by Private Company by Pathways (formerly Providence) Community Corrections (PCC) and officials in Rutherford County, Tennessee agreed to settle a class-action lawsuit over predatory practices by the for-profit probation company. The $14.3 million settlement provides compensation for nearly 30,000 people who were …
Article • May 8, 2018 • from PLN May, 2018
Female Prisoners More Likely to be HIV Positive than Non-prisoners by Edward Lyon by Ed Lyon Data compiled by the Centers for Disease Control (CDC) and the U.S. Department of Justice’s Bureau of Justice Statistics (BJS), released in an August 2017 report, found that female prisoners are nine times more …
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