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South Dakota Res Judicata Ban of State Constitutional Due Process Claim Upheld
Article • December 7, 2017
Filed under: Wrongful Death, Murder by Escapees
South Dakota Res Judicata Ban of State Constitutional Due Process Claim Upheld by David Reutter by David Reutter  The South Dakota Supreme Court upheld a trial court's summary judgment dismissing a wrongful death suit brought by Lynette Johnson (Johnson) against the South Dakota Department of Corrections (DOC) and several of …
Feds Impound Illegally Imported Execution Drugs in Arizona, Other States
Article • June 9, 2017 • from PLN June, 2017
Filed under: Medication, Death Penalty
Feds Impound Illegally Imported Execution Drugs in Arizona, Other States by Joe Watson by Joe Watson Arizona's Department of Corrections (ADC) imported a drug used for executions, but federal agents seized and impounded the illegal shipment at the Phoenix airport before it could be used for lethal injections. The ADC …
South Dakota Kickbacks FY2014
Kickback publication • May 10, 2017
Filed under: Telephones
South Dakota Kickbacks FY2014 South Dakota Commissions FY2014 Jan-14 48375.35 Feb-14 45870.67 Mar-14 44363.58 Apr-14 45235.71 May-14 33624.05 Jun-14 38437.96 Jul-14 31968.74 Aug-14 33535.03 Sep-14 33255.57 Oct-14 32963.55 Nov-14 33155.21 Dec-14 33575.06 Total 454360.5
South Dakota Rates May 2017
Kickback publication • May 10, 2017
Filed under: Telephones, Telephone Rates
South Dakota Rates May 2017 5/10/2017 Frequently Asked Questions: Inmate Telephone Access:: SD Dept. of Corrections Can inmates receive incoming calls? No. Inmates are not allowed to receive phone calls unless it is an emergency situation and/or permission has been granted by the Warden. What is a debit phone account …
Tribal Police Accused of Brutality, Corruption on S. Dakota Reservation
Article • September 9, 2016
Filed under: Police Misconduct, Racial Discrimination, Native American, Racial Profiling
Tribal Police Accused of Brutality, Corruption on S. Dakota Reservation by The Trail of Tears goes on. It still winds its way through dilapidated villages on reservations across the United States, starved of resources and pockmarked by dysfunction. Nearly two centuries since indigenous Americans were uprooted and driven west, the …
BOP Settles Dyslexia Discrimination Complaints for $2,000
Article • August 12, 2016
Filed under: Employee Litigation, Disabled Employees
BOP Settles Dyslexia Discrimination Complaints for $2,000 by In 1997, Douglas Lewis Urness was working as a GS-11, Step 4 Drug Treatment Counselor for the BOP in Yankton, South Dakota, when his supervisors allegedly discriminated against him due to his dyslexia. The discrimination took the form of supervisors allegedly complaining …
Overcrowding at South Dakota Prison Impacts Family Visitation Program
Article • July 6, 2016 • from PLN July, 2016
Filed under: War on Drugs, Overcrowding, Alternative Sentencing, Drug Treatment/Rehab, Extended Family Visiting, Family, Mothers in Prison, Children of Prisoners
Overcrowding at South Dakota Prison Impacts Family Visitation Program by A surge in female prisoners incarcerated on low-level drug charges led to the temporary shutdown of a program at the South Dakota Women’s Prison that helps prisoners maintain family ties and relationships. The Parent and Children Together (P.A.C.T.) program provides …
SD DOC ICS Rates effective March 2016
Kickback publication • April 7, 2016
Filed under: Telephone Rates
SD DOC ICS Rates effective March 2016 HOME ABOUT US ADULT CORRECTIONS PAROLE JUVENILE CORRECTIONS APPLY FOR A PARDON FORMS CONTACT US FREQUENT QUESTIONS ABOUT US Programs Inmate Telephone Access Policies Frequent Questions Note: You can access the applicable DOC policies by clicking on Policies under the About Us tab. …
News in Brief
Article • October 26, 2015 • from PLN November, 2015
News in Brief by News in Brief California: On April 21, 2015, San Francisco Sheriff Ross Mirkarimi announced that 30 body cameras would soon be deployed by jailers working within Jail No. 4. He said he hopes that the new equipment will emphasize transparency and accountability in his department, which …
South Dakota Supreme Court Affirms Death Penalty in Murder of Prison Guard
Article • May 24, 2015
Filed under: Prison/Jail Murders, Death Penalty, Assaults on Staff
South Dakota Supreme Court Affirms Death Penalty in Murder of Prison Guard by South Dakota Supreme Court Affirms Death Penalty in Murder of Prison Guard On August 13, 2014, the South Dakota Supreme Court in a 4-1 decision affirmed the death penalty for a man convicted of killing a prison …
Native American Prisoners Have Right to Tobacco in Religious Ceremonies
Article • February 4, 2015 • from PLN February, 2015
Filed under: RLUIPA, Denial of Religious Services, Religious Practices, Religious Property
Native American Prisoners Have Right to Tobacco in Religious Ceremonies by David Reutter Native American Prisoners Have Right to Tobacco in Religious Ceremonies by David Reutter The Eighth Circuit Court of Appeals has affirmed a South Dakota federal district court’s order holding that Native American prisoners have a right under …
2014 Inmate Rates
Kickback publication • July 22, 2014
2014 Inmate Rates Inmate Calling Rate Schedule for State of South Dakotaas of February 12, 2014 Type of Call Set-Up Charge Cost Per Minute Collect Local $2.70 $0.00 IntraLATA $2.52 $0.23 InterLATA $3.15 $0.00 InterSTATE $3.75 $0.00 Prepaid Collect Local $0.90 $0.00 IntraLATA $1.13 $0.09 InterLATA $1.35 $0.09 InterSTATE $1.35 …
South Dakota Parole Board Improperly Enhanced Prisoner’s Parole Date
Article • March 15, 2014 • from PLN March, 2014
Filed under: Sentencing, Parole
South Dakota Parole Board Improperly Enhanced Prisoner’s Parole Date by The South Dakota Supreme Court has held that the state Board of Pardons and Paroles (Board) exceeded its authority when it calculated a prisoner’s initial parole release date by treating Class 4 felonies as Class 2 felonies. Lloyd Rowley was …
South Dakota Non-profits Lose Cheap Prison Labor
Article • July 15, 2013 • from PLN July, 2013
Filed under: Classification, Work Release, Prison Labor
South Dakota Non-profits Lose Cheap Prison Labor by Derek Gilna Many states have gotten the message that there are viable alternatives to incarceration that cost less and are equally effective in terms of reducing crime rates, but some non-profits like the Salvation Army are suffering because declining prison populations mean …
Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld
Article • March 15, 2013 • from PLN March, 2013
Filed under: PLRA, Physical Injury Rule, Damages, Qualified Immunity, Religious Diet, Denial of Religious Services, Religious Practices, Sabbaths
Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld by Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld On March 19, 2012, the Eighth Circuit Court of Appeals held that 42 U.S.C. § 1997e(e) bars compensatory damages …
Native American Council of Tribes v. Webber, SD, DOJ Memo, Native American Tobacco Religious Exemption (2012)
Brief • July 16, 2012
Filed under: American Indian Religious Freedom Act, Religious Freedom, Denial of Religious Services, Religious Practices, First Amendment, rights
Native American Council of Tribes v. Webber, SD, DOJ Memo, Native American Tobacco Religious Exemption (2012) Case 4:09-cv-04182-KES Document 181 Filed 07/16/12 Page 1 of 11 PageID #: 1748 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION NATIVE AMERICAN COUNCIL OF TRIBES, BLAINE BRINGS PLENTY, BRIAN DUBRAY, and …
South Dakota: First Amendment Right of Access to Criminal Trials Extends to Civil Trials as Well
Article • July 15, 2012
Filed under: Court Access
South Dakota: First Amendment Right of Access to Criminal Trials Extends to Civil Trials as Well by In September 2011, the Supreme Court of South Dakota issued a permanent writ of prohibition, effectively rescinding an order by the Honorable John J. Delaney, circuit court judge, which (1) imposed a gag …
Sovereign Immunity Withstands RLUIPA; Jewish Succah may be Permissible Religious Exercise
Article • February 15, 2012
Filed under: Damages, RLUIPA, Eleventh Amendment Immunity, Sovereign Immunity, Religious Freedom, Religious Diet, Religious Practices, Religious Property, Federal Legislation
Sovereign Immunity Withstands RLUIPA; Jewish Succah may be Permissible Religious Exercise by Sovereign Immunity Withstands RLUIPA; Jewish Succah May be Permissible Religious Exercise by David M. Reutter The Religious Land Use and Institutionalized Persons Act (RLUIPA) does not waive a state’s Eleventh Amendment sovereign immunity from suit for monetary damages. …
Strip Searches of Juveniles Constitutional
Article • September 15, 2011
Filed under: Searches, Strip Searches, Arrestee Searches
Strip Searches of Juveniles Constitutional by The Eighth Circuit Court of Appeals has held that it is not unconstitutional to strip search juvenile arrestees. The ruling came in a class-action lawsuit filed by then 16-year-old Jodie Smook, who was arrested for violating local curfew laws. Smook was taken to the …
Mentally Ill Prisoners In South Dakota Are Receiving Inadequate Care
Article • August 15, 2011
Filed under: Mental Health, Failure to Treat (Mental Illness)
Mentally Ill Prisoners In South Dakota Are Receiving Inadequate Care by Derick Limberg By Derick Limberg According to statistics, South Dakota jails and prisons are failing to properly care for their mentally ill prisoners. A 2006 Department of Justice report found 56% of state and 64% of county prisoners reported …
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