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Deaths at North Carolina Jail Due to Lack of Medical, Mental Health Care by The deaths of four pre-trial detainees at the Durham County Jail in North Carolina are under investigation. Over the past 16 years, 10 other prisoners have died at the facility. Officials are remaining mum, referring questions …
Article • August 29, 2017 • from PLN September, 2017
Filed under: Immigration, Juveniles
Federal Judge Claims Three-year-olds Can Understand Immigration Law by Christopher Zoukis by Christopher Zoukis In a deposition taken in a federal lawsuit challenging the lack of legal representation for children in deportation hearings, a longtime immigration judge caused the Justice Department to distance itself from his claim that he had …
Article • August 29, 2017 • from PLN September, 2017
Leader of Fraudulent Scheme Targeting Prisoners Convicted, Sent to Prison by Christopher Zoukis by Christopher Zoukis Qadir Shabazz, aka Deangelo Moore, aka Deangelo Muhammad, a 41-year-old Atlanta man, was convicted in January 2016 of charges related to a fraudulent scheme that sold false hope to prisoners and stole millions from …
Article • August 29, 2017 • from PLN September, 2017
Pretrial Diversion: Pay Not to Stay (in Jail) by Christopher Zoukis by Christopher Zoukis As government authorities come to grips with the massive and costly incarceration problem in the United States, efforts to find alternatives to expensive prison and jail sentences are underway. Pretrial diversion, an old favorite, is once …
Article • August 29, 2017 • from PLN September, 2017
Brennan Center Asks: “How Many Americans Are Unnecessarily Incarcerated?” by Derek Gilna by Derek Gilna After three years of research, the highly-respected, non-partisan Brennan Center for Justice at New York University’s School of Law published an extensive report in December 2016 which concluded that while “mass incarceration has emerged as …
Article • August 29, 2017 • from PLN September, 2017
Surgeon General’s Report: Substance Abuse Continues to Grow in America by Derek Gilna by Derek Gilna A new report from the federal government documents what many already know: that the problem of substance abuse addiction continues to expand, now affecting an estimated 20.8 million Americans. That’s more than the total …
Article • August 29, 2017 • from PLN September, 2017
Filed under: Habeas Corpus
California Damage Suit Improperly Treated as Habeas Petition by The California Court of Appeal, Third Appellate District, reversed a lower court’s orders treating a prisoner’s damages action as a habeas corpus petition and then denying relief. California prisoner Ernest L. Cox filed a civil suit in state court against various …
Article • August 29, 2017 • from PLN September, 2017
New York Parole Board Repeatedly Held in Contempt; One Case Reversed on Appeal by In May 2016, the New York Supreme Court in Dutchess County held the State Parole Board (the Board) in contempt for failing to follow a court order governing a parole review. New York state prisoner John …
Article • August 29, 2017 • from PLN September, 2017
Filed under: PLN Litigation, Censorship
Los Angeles County Jail Faces Lawsuit Over Censorship of PLN by On July 5, 2017, the Human Rights Defense Center (HRDC), which publishes Prison Legal News, filed a lawsuit against the Los Angeles County Jail alleging civil rights violations. The jail holds the largest number of pre-trial detainees in the …
Article • August 29, 2017 • from PLN September, 2017
Re-entry Program for Federal Prisoners on Supervised Release Has Low Participation by The U.S. District Court for the Middle District of Pennsylvania is trying to beef up its Court-Assisted Re-entry Program (CARE), which is available to federal prisoners placed on supervised release after they serve their prison term. The program’s …
Article • August 29, 2017 • from PLN September, 2017
From the Editor by Paul Wright by Paul Wright The past 40 years have seen a massive rise in the use of solitary confinement throughout the United States as a means of psychological torture to destroy people. As federal courts enjoined official means of physical torture (prisoners were being flogged …
Article • August 29, 2017 • from PLN September, 2017
Filed under: News in Brief
News in Brief by Alaska: A former prison guard convicted of smuggling drugs into the Goose Creek Correctional Center was sentenced on April 24, 2017 to eight months in federal prison. Adam Jason Spindler, 33, pleaded guilty to one count each of drug conspiracy and possession of controlled substances with …
Article • August 24, 2017
Female Prisoner Raped By Florida Sheriff's Deputy Settles Lawsuit for $91,666 by Lonnie Burton by Lonnie Burton Shortly before the scheduled date of trial in the case, a woman who said she was raped by a Bay County, Florida, sheriff's deputy during a transport run to another jail agreed to …
Article • August 24, 2017
Nearly $57,000 Attorney Fee Award in Tennessee Public Records Case by David Reutter by David Reutter The Metropolitan Government of Nashville and Davidson County was found to be in willful noncompliance with the Tennessee Public Records Act. It was order to pay $56,884.55 in attorney fees and expenses as a …
Article • August 24, 2017
Notice of Sex Offense Admission Requirement Not Required to Find Florida Probationer Violated Treatment by David Reutter by David Reutter The Florida Supreme Court held a defendant may be found guilty of violating probation for failing to admit to engaging in sexually deviant behavior during a sex offender program. Warren …
Article • August 23, 2017
Vermont Prisoner’s Ex Post Facto Challenge to Program Change Fails by David Reutter by David Reutter The Vermont Supreme Court held that statutes and policies that do not retroactively after or limit the Vermont Department of Corrections (VDOC) discretion over a prisoner’s treatment programming and early release, their application did …
Article • August 23, 2017
$200,000 Settlement in City Counsel’s Refusal to Film Meetings by David Reutter by David Reutter The City of Cumming, Georgia, agreed to pay $200,000 to settle a lawsuit alleging it prohibited a citizen from filming a City Council meeting. Nydia Tisdale attended an April 17, 2012, Cumming City Council meeting …
Article • August 22, 2017
Filed under: Staff-Prisoner Assault
Federal Prisoner Sexually Assaulted By Guard Receives $150,000 Settlement by David Reutter by David Reutter The Bureau of Prisons paid $150,000 to settle a prisoner’s Federal Tort Claim Act action that alleged she was sexually assaulted by a guard. The plaintiff, identified as V.O.M. to protect her identity was imprisoned …
Article • August 22, 2017
Michigan Prisoner Receives $4,000 for Injuries Sustained After Staff Ignore Bottom Bunk Directive by Lonnie Burton by Lonnie Burton On August 18, 2015, the state of Michigan agreed to pay a prisoner $4,000 to settle a lawsuit in which prison staff deliberately ignored a medically-issued "bottom bunk detail" and the …
Article • August 22, 2017
Fourth Circuit Reverses Verdict for Police Officers in Excessive Force Case by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Fourth Circuit has reversed a jury verdict in favor of two police officers who allegedly battered and unlawfully arrested a woman for filming their arrest …
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