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Article • February 22, 2018
Filed under: Medical, Juveniles
Medicaid for Juvenile Detainees Rejected (Ohio) by Mark Wilson
Article • February 22, 2018
$35,051 Settles Prisoner Van Crash by Matthew Clarke by Matt Clarke Through December 2016, Cochise County, Arizona had paid over $42,000 to resolve an accident caused by a Cochise County prisoner transport van that struck a Kia Sorento after exiting the Pima County Jail. Guard Armando Cruz was driving the …
Article • February 22, 2018
Class Action Suit Over Private Probation Company's Illegal Fees by David Reutter by David M. Reutter The Southern Center for Human Rights filed a class action lawsuit against Sentinel Offender Services, a private probation company, on behalf of persons in Atlanta who were forced by Sentinel to pay illegal fees …
Article • February 9, 2018
How the US Imposes the Worst of Its Prison Paradigm Abroad by Nasim Chatha by Nasim Chatha, Truthout  The new federal penitentiary in Santa Barbara, Honduras, occupies a strip of land between a highway and cloudy, forested hills. "El Pozo," or The Pit, as it's known, is surrounded by barbed wire and …
Article • February 8, 2018
Public Records in Private Accounts Subject to PRA Disclosure by David Reutter The Vermont Supreme Court held that “public records” under the Public Records Act (PRA) include any documents generated in the course of public agency business, even if the record is stored in a private account. The court held …
Article • February 8, 2018
FOIL Exemption Applies to Civil and Criminal Law Enforcement by David Reutter by David Reutters A New York appellate court held that the New York State Education Department correctly redacted or exempted public records compiled for auditing special education costs because they were compiled for civil law enforcement purposes. The …
Article • February 8, 2018
ND DOC Immune Claims of Injury Suit Unless Act Intentional by David Reutter by David Reutter The North Dakota Supreme Court held the North Dakota Department of Corrections (NDDOC) is immune from litigation unless an employee injury is due to intentional act of conscious purpose. Delmar Markel was a guard …
Sufficient Facts for Discrimination Hearing by David Reutter by David Reutter A Colorado federal district court held that deaf prisoners and prisoners in contact with deaf persons alleged sufficient facts to survive dismissal of the Americans with Disabilities Act claim. The court said the prison’s archaic, faulty communication system for …
Article • February 8, 2018
Filed under: Immunity/Liability
Washington DOC Not Subject to Absolute Immunity from All Litigation by David Reutter A Washington state court of appeals held that the Department of Corrections (DOC) is not automatically subject to any immunity from litigation against actions outside their quasi-judicial function. Nonetheless, its officers do not owe a duty to …
Article • February 8, 2018
Colorado Supreme: No Presentence Confinement Credit by David Reutter The Colorado Supreme Court concluded that Section 18-1.3-405, C.R.S. (2017) prevents the award of presentence confinement credit (PSCC) in cases involving multiple charges or jurisdictions unless the case under review is the sole cause for detention and the prisoner would have …
Article • February 8, 2018
Organizations Acting as Government Subject to Public Records, Open Meetings Laws by David Reutter by David Reutter A Tennessee Court of Appeals reversed a trial court’s decision that the Jefferson County Economics Development and Oversight Committee, Inc. (EDOC) is not subject to provisions of the State Public Records and Open …
Dallas Teens Have Sex in Jail by Edward Lyon by Edward B. Lyon Juvenile males detained in the Medlock Youth Treatment Center began outcrying to therapists in April 2017 about sexual activities there. The lead outcrier reported multiple acts, including oral sex, spanning November-April 2017, including at least five 13-17 …
Article • February 8, 2018
ND Supreme: 6-Month Sentence for Contempt Binding by David Reutter by David Reutter The North Dakota Supreme Court held that N.D.C.C. 27-10-01.4(1)(b) prohibits a prisoner’s incarceration for contempt of court for more than six months where no specific extension was ordered by the district court or referees. Tricia Taylor was …
Article • February 8, 2018
Filed under: Prison Labor
Cheese Made Using Prison Labor Cut from Whole Foods by Christopher Zoukis by Christopher Zoukis Chuck Hellmer had a problem. His upscale goat cheese company, Haystack Mountain, was selling cheese to Whole Foods, but he couldn't find a reliable source of goat milk. Without the milk, he would be unable …
Article • February 8, 2018
$750,000 Settlement After Opioid Withdrawal Death in Kentucky Jail by David Reutter by David M. Reutter Opioid addiction has reached epidemic proportions. Handling withdrawal from those drugs is something that many jails are unprepared to handle. Kentucky’s Mason County Detention Center (MCDC) was so unprepared that it allowed Jenny Fulton, …
Article • January 31, 2018 • from PLN February, 2018
Ninth Circuit Blocks Deportation of ICE Detainee Who Received $125,000 for County Jail Rape by Derek Gilna by Derek Gilna In August 2017, the Ninth Circuit Court of Appeals stayed the deportation of Audemio Orozco-Ramirez, an undocumented Mexican immigrant who was arrested by Immigration and Customs Enforcement (ICE) in 2013, …
Article • January 31, 2018 • from PLN February, 2018
Oregon Juvenile Prisoners Denied Law Libraries, Legal Assistance; Claims Not Heck-Barred by On June 5, 2017, an Oregon federal district court refused to dismiss a lawsuit brought by a state prisoner who alleged he was denied access to a law library and legal assistance while confined in a juvenile facility. …
Report Critical of BOP’s Solitary Confinement Policy for Mentally Ill Prisoners by Derek Gilna by Derek Gilna In July 2017, the U.S. Department of Justice’s Office of the Inspector General (OIG) issued a report highly critical of the Bureau of Prisons’ (BOP) policy of confining mentally ill prisoners in Restrictive …
Article • January 31, 2018 • from PLN February, 2018
French Officials to Install Phones in 50,000 Prison Cells by Monte McCoin by Monte McCoin In a bold move designed to reduce cell phone trafficking and improve rehabilitative efforts, on January 2, 2018, French officials opened the bidding process for a telecom provider to install landline telephones in each of …
Article • January 31, 2018 • from PLN February, 2018
Total Cost of Pretrial Detention Estimated at up to $140 Billion Annually by According to a report by the Pretrial Justice Institute (PJI) released in January 2017, U.S. taxpayers “spend approximately $38 million per day to jail people who are awaiting trial (63% of the total jail population, or more …
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