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Article • May 8, 2018 • from PLN May, 2018
Former Pennsylvania Guards Settle FMLA Lawsuits for $110,000 by Derek Gilna by Derek Gilna In March 2017, Lackawanna County, Pennsylvania settled two federal lawsuits filed by former guards who alleged violations of the Family Medical Leave Act (FMLA). In the first case, the county agreed to pay $90,000 to settle …
$330,000 for Florida Prison Guards Abused at Training Academy by The Florida Department of Corrections (FDOC) agreed to pay $330,000 to settle claims brought by a trio of former guards who alleged they were fired after complaining of being physically abused at the department’s training academy at the Wakulla Correctional …
Oregon Sex Offenders Get LWOP, Not Treatment by “This bill will finally get at protecting our community from the most dangerous of sexual criminals,” said Oregon Senate President Peter Courtney, testifying in support of legislation he co-­sponsored to enact a “two strikes and you’re out” law for repeat sex offenders. …
Article • May 7, 2018 • from PLN May, 2018
Court Certifies Class of Missouri Prisoners Denied Hepatitis C Treatment by Matthew Clarke by Matt Clarke On July 26, 2017 (two days before World Hepatitis Day), the ACLU of Missouri and the MacArthur Justice Center (MJC) announced the certification of a class of Missouri Department of Corrections (MDOC) prisoners who …
Article • May 7, 2018 • from PLN May, 2018
New York Issues New Solitary Confinement Rules for Local Jails Amid Lawsuits, $5 Million Settlement by Christopher Zoukis by Christopher Zoukis On October 17, 2017, the New York Commission of Correction issued new rules governing the treatment of prisoners held in solitary confinement in local jails. The rules came in …
Article • May 7, 2018 • from PLN May, 2018
Seventh Circuit Affirms Denial of Qualified Immunity in Jail Suicide Suit by Matthew Clarke by Matt Clarke On July 26, 2017, the Seventh Circuit Court of Appeals affirmed a Wisconsin federal district court’s denial of qualified immunity to a jail guard and privately-contracted nurse after they ignored a prisoner’s risk …
Iowa Prison Officials Drop Disciplinary Sanctions in Controversial Case by Matthew Clarke by Matt Clarke In 2009, Iowa state prisoner Joe Byrd was accused of participating in a prison gang rape along with four other prisoners. He not only asserted his innocence, but steadfastly maintained that the crime never happened. …
Article • May 7, 2018 • from PLN May, 2018
Federal Prisoner Shot in the Eye Awarded $80,000 by Jeremy Pinson by Jeremy Pinson On January 26, 2018, following a three-day bench trial, federal prisoner Oray Fifer was awarded $80,000 in a Federal Tort Claims Act (FTCA) suit by a district court in Phoenix, Arizona. In December 2011 and August …
Article • May 7, 2018 • from PLN May, 2018
Fifth Circuit Reinstates Denial of Medical Care Suit Against Texas County Jail by Matthew Clarke by Matt Clarke On June 15, 2017, in an unpublished ruling, the Fifth Circuit Court of Appeals reinstated a lawsuit brought by a former jail prisoner alleging he was denied adequate medical care at the …
Article • May 7, 2018 • from PLN May, 2018
Massachusetts: State Court Officers May Not Enforce Immigration Detainers by Matthew Clarke by Matt Clarke On July 24, 2017, a Massachusetts court held that state law provides no authority for court officers to arrest and hold an individual, solely on the basis of a federal civil immigration detainer, beyond the …
Article • May 7, 2018 • from PLN May, 2018
Tennessee: New Trial Ordered in Prisoner’s Wrongful Death Case by Steve Horn by Steve Horn On April 5, 2018, the U.S. Court of Appeals for the Sixth Circuit ruled that a lawsuit over the death of 33-year-old Charles “Jason” Toll – a prisoner who died in 2010 after being forcibly …
Article • May 7, 2018 • from PLN May, 2018
Filed under: Statistics/Trends, Census
As Prison Populations Drop, Several States Close Facilities by Dale Chappell, Matthew Clarke by Dale Chappell and Matt Clarke Connecticut has closed another prison as the state Department of Correction’s population continues to fall. Officials confirmed that Enfield Correctional Institution, a 700-bed medium-security facility, closed in January 2018. State officials …
Article • May 7, 2018 • from PLN May, 2018
Prison Mailbox Rule Applied to South Carolina Prisoner’s Late PCR Petition by In an August 16, 2017 ruling, the South Carolina Supreme Court held that if a petitioner presents a valid equitable tolling defense for filing a post-conviction relief (PCR) petition beyond the statute of limitations, the limitations period “shall …
ACLU Sues Nebraska Over Unconstitutional Prison Conditions by Matthew Clarke by Matt Clarke On August 16, 2017, the ACLU of Nebraska, ACLU National Prison Project, Nebraska Appleseed, National Association of the Deaf and two law firms, DLA Piper and Rosen Bien Galvan & Grunfeld LLP, filed a federal class-action suit …
Article • May 7, 2018 • from PLN May, 2018
Filed under: Eulogies, Prisoner Media
San Quentin Newspaper Editor Arnulfo Garcia Leaves a Legacy by Dale Chappell by Dale Chappell Arnulfo Garcia, sentenced to 25 years to life in prison, turned his life around and received a second chance when he was released on July 24, 2017 after serving 16 years. Two months later he …
Article • May 7, 2018 • from PLN May, 2018
Prison Chaplain Wins Standoff with BOP Over Carrying Pepper Spray by Monte McCoin by Monte McCoin Rev. Ronald Apollo, head chaplain at FCI Bennettsville, a medium-security federal prison in South Carolina, prevailed against the federal Bureau of Prisons (BOP) in his challenge to a 2015 order that effectively prevented him …
Judge Threatens Arizona Officials with Contempt Over Inadequate Prisoner Medical Care by David Reutter by David M. Reutter On October 10, 2017, a federal district court in Arizona issued an order requiring officials with the Department of Corrections (DOC) to show cause why they should not be held in contempt …
Article • May 7, 2018 • from PLN May, 2018
New York Law Gives Reformed Offenders an Opportunity to Seal Convictions by Derek Gilna by Derek Gilna A 2017 New York law, CPL 160.59, gives certain nonviolent offenders an opportunity to have their state convictions sealed, according to attorneys Ed Kratt and Frank Rothman. One of their clients, Joel Figueroa, …
California: Defendants’ Repeated Discovery Obstruction Sanctioned in Guard Sex Abuse Case by On June 5, 2017, a California federal district court imposed sanctions against prison officials for destroying a warden’s personnel file and concealing or misrepresenting his involuntary termination and the existence of personnel file documents. The court granted the …
Article • May 7, 2018 • from PLN May, 2018
Mother-Son Team Sentenced for Tax Fraud, Obstruction of Justice by Derek Gilna by Derek Gilna Debra Skipper, a 61-year-old Ohio woman, was sentenced on October 31, 2017 in federal district court in Clarksburg, West Virginia to a split sentence of six months in jail and six months of home detention …
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