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Article • March 6, 2018 • from PLN March, 2018
Illinois Prisoner’s Petition Challenging Disciplinary Report States Cause of Action by The Illinois Fourth District Court of Appeals held in July 2017 that a prisoner had stated a cause of action on several claims in his petitions for writ of mandamus, declaratory relief and common law writ of certiorari. Prisoner …
Article • March 6, 2018 • from PLN March, 2018
Filed under: Appeals, Filing Fees
Oregon Court: Dismissals Are “Strikes” While Pending on Appeal by On July 6, 2017, the Oregon Court of Appeals upheld a lower court’s revocation of its filing fee waiver even though prior dismissals it had counted as strikes were still on appeal. Oregon courts may waive or defer a prisoner’s …
Article • March 6, 2018 • from PLN March, 2018
Contempt Motion Filed after Pennsylvania Officials Refuse to Release Detainee by Officials at Pennsylvania’s York County Prison face a contempt motion filed by an attorney on behalf of a terminally ill pre-trial detainee. The motion claims the officials refused to comply with a court order for the prisoner’s release. Thomas …
Article • March 6, 2018 • from PLN March, 2018
PLRA Strikes Accruing After Notice of Appeal Do Not Count to Determine IFP Eligibility by The Third Circuit Court of Appeals held on August 4, 2017 that in determining a prisoner’s in forma pauperis (IFP) motion, a court must look to the date a pleading is filed – and not …
Article • March 6, 2018 • from PLN March, 2018
Virginia Prisoner’s Name Change Request for Religious Purpose Requires Hearing by On August 17, 2017, the Virginia Supreme Court ruled a circuit court had abused its discretion in dismissing a prisoner’s application for a name change based upon religious reasons. The Supreme Court held that a religious reason for a …
Article • March 6, 2018 • from PLN March, 2018
Mississippi Attorney General Settles with Third Company in Epps Bribery Scandal by Monte McCoin by Monte McCoin PLN has previously covered the continuing fallout from a massive bribery scandal involving former Mississippi DOC Commissioner Christopher B. Epps, including RICO lawsuits filed by Mississippi Attorney General Jim Hood against several companies …
Article • March 6, 2018 • from PLN March, 2018
California: State Immune from Bane Act Claim for Valley Fever Exposure by The California Court of Appeal held on August 10, 2017 that the state is immune from liability on a Bane Act claim brought by a prisoner exposed to valley fever. Valley fever (officially known as Coccidioidomycosis or “cocci”) …
Article • March 6, 2018 • from PLN March, 2018
Pervasive Masturbation in Cook County Jail Spurs Class-action Suits, Injunction by Monte McCoin by Monte McCoin Two class-action lawsuits claim hundreds of women who work at the jail and courtroom lockups in Cook County, Illinois have been subjected to a hostile work environment as a result of policies maintained by …
Article • March 6, 2018 • from PLN March, 2018
$35,000 Settlement in Kentucky Excessive Force Suit by Kentucky’s Louisville-Jefferson County Metro Government agreed to pay $35,000 to settle a lawsuit filed in state court that alleged a guard used excessive force against a prisoner at the Louisville Metro Department of Corrections. The settlement came in a suit brought by …
Article • March 6, 2018 • from PLN March, 2018
$5 Million Settles Jail Detainee’s Death by Oregon officials have paid $5 mil­­lion to settle claims related to a jail prisoner who died hours after being attacked and denied emergency medical treatment. Jed Hawk Myers, 34, was being held at the Yamhill County jail in McMinnville, Oregon on a probation …
Article • March 6, 2018 • from PLN March, 2018
Filed under: Prison Labor
Will “Dunkirk’s” Use of Prison Labor in Set Construction Disqualify it from the Oscars? by by Mike Elk, Payday Report The Christopher Nolan-directed epic movie “Dunkirk” has been nominated for 8 Oscars, including Best Picture and Best Production Design. However, prisoners’ rights advocates say that “Dunkirk” should be disqualified from …
Article • March 6, 2018
Tenth Circuit: Lengthy Denials of Outdoor Exercise Protected by Qualified Immunity by The Court of Appeals for the Tenth Circuit issued two decisions in July 2017 which held prison officials were entitled to qualified immunity for denying outdoor exercise to prisoners for 11 and 25 months. Colorado state prisoners Jonathan …
Article • March 6, 2018 • from PLN March, 2018
Hopes of Prosperity from Jail Boom has Kentucky County in Financial Trouble by A rural Kentucky county that planned to cash in on the prison and jail building boom in the 1990s is now in dire financial straits. Grant County, which is about 80 miles north of Louisville, is burning …
Article • March 6, 2018 • from PLN March, 2018
Tennessee Drug Court Judge Imprisons Participants for Smoking Cigarettes by Monte McCoin by Monte McCoin In November 2017, Hamilton County, Tennessee Judge Tom Greenholtz sent several drug court participants to jail for a night after their drug tests came back positive – for nicotine. “We routinely test for nicotine as …
Article • March 6, 2018 • from PLN March, 2018
Despite AG’s Policy Change, OIG Reviews “Smart on Crime” Initiative by Derek Gilna by Derek Gilna In June 2017, the Office of the Inspector General (OIG) issued a report on the U.S. Department of Justice’s “Smart on Crime” initiative. Smart on Crime, instituted in 2013 under Obama-era Attorney General Eric …
Article • March 6, 2018 • from PLN March, 2018
Filed under: Government Misconduct
Illinois Taxpayers Still Paying for a Paid-off Jail by Monte McCoin by Monte McCoin Residents in Tazewell County, Illinois pay a half-cent public safety sales tax on most purchases inside county lines. The tax was approved by voters in 2000 to pay for the construction of a new $17 million …
Article • March 6, 2018 • from PLN March, 2018
$242,500 Settles Jail Rape Suit in Okla. by On May 24, 2017, Tulsa County officials paid $242,500 to resolve a federal complaint filed by a woman who was reportedly raped by a male prisoner while she was held at the David L. Moss Criminal Justice Center in Tulsa, Oklahoma. Aleshia …
Article • March 6, 2018 • from PLN March, 2018
$111,000 Settlement for Wrongfully Incarcerated Ohio Prisoner by On June 12, 2017, the Ohio Controlling Board voted to settle a wrongful incarceration suit brought by a man whom prosecutors had called a “major supplier” of cocaine, after a judge ignored the reversal of his conviction by an appellate court and …
Article • March 6, 2018 • from PLN March, 2018
$25,000 Settlement to Colorado Jail Prisoner Denied a Quran by In May 2017, the Sheriff’s Department in Adams County, Colorado paid $25,000 to settle a lawsuit filed by a jail prisoner who was denied access to a Quran during Ramadan in 2015. It also agreed to make changes to jail …
Article • March 6, 2018 • from PLN March, 2018
Pregnant Prisoners Offered Adoption Choice: An Act of Love or Exploitation? by An estimated 3-4% of women who enter the prison system each year are pregnant. The American Journal of Public Health has reported that such prisoners face tough choices and, with the help of pro-life organizations and adoption attorneys, …
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