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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 …

$27.4 Million Award in Liberty Interest and Deceit Claim Causing Incarceration

Article • May 15, 2011

Filed under: Misconduct/Corruption, Contractor Misconduct, Wrongful Conviction, Wrongful Imprisonment

$27.4 Million Award in Liberty Interest and Deceit Claim Causing Incarceration by A South Dakota jury awarded an insurance salesman who was convicted of mail fraud $27.4 million in a lawsuit that alleged deceit and breach of fiduciary duty, causing his incarceration. Eugene Kent began selling health insurance in 1990 …

Eighth Circuit Rejects Debt Offset of EAJA Fees; Supreme Court to Hear Case

Article • March 15, 2010 • from PLN March, 2010

Filed under: Attorney Fee Awards, Federal Statutory Law, Equal Access to Justice Act

Eighth Circuit Rejects Debt Offset of EAJA Fees; Supreme Court to Hear Case by Mark Wilson The Eighth Circuit Court of Appeals has held that attorney’s fees awarded under the Equal Access to Justice Act (EAJA) may not be withheld to pay debts owed to the federal government. South Dakota …

Blakely v. Kershaw County Sheriff's Office, SC, Complaint, Wrongful Death Due to Excessive Force by Police, 2010

Brief • February 10, 2010

Filed under: Police Misconduct, Excessive Force, Complaints, Wrongful Death, Police--Excessive Force, Excessive Force (Wrongful Death), Excessive Force (Police)

Blakely v. Kershaw County Sheriff's Office, SC, Complaint, Wrongful Death Due to Excessive Force by Police, 2010 STATE OF SOUTH CAROLINA ) ) ) COUNTY OF KERSHAW of the ) ) Plaintiff(s) ) Deloris Blakely, as Personal Representative Estate of Lori Jean Ellis IN THE COURT OF COMMON PLEAS CIVIL …

South Dakota: Prisoner May Enforce Third-Party Kosher Meal Obligation

Article • January 15, 2010 • from PLN January, 2010

Filed under: Food/Commissary (Private Prisons), Settlements, State Law Claims, Standing, Parties, Immunity/Liability, Contractor Liability, Sovereign Immunity, Religious Diet

South Dakota: Prisoner May Enforce Third-Party Kosher Meal Obligation by The South Dakota Supreme Court has ruled that a state prisoner can bring a third-party beneficiary claim to enforce a settlement agreement between the South Dakota Department of Corrections (DOC) and another prisoner. Charles E. Sisney, a DOC prisoner, filed …