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Merits Ruling on Procedurally Flawed Grievance Satisfies PLRA by The Eleventh Circuit Court of Appeals has held that district courts may not enforce a prison’s procedural rule to find a failure to exhaust administrative remedies after prison officials declined to enforce the rule themselves. The Court also found the district …
Father of Four Dies in Privately-operated Texas Jail; Civil Suit Expected by On October 5, 2016, the Huffington Post released disturbing video from inside a private prison in Texarkana, Texas that showed Michael Sabbie, a 35-year-old father of four, being violently flung to the ground by a group of six …
Attica Prison Guards Who Viciously Beat Prisoner Avoid Jail Time but Lose Jobs by George Williams, now 33, was in his prison cell watching TV as the scene that would lead to his brutal beating unfolded below him. Williams’ ordeal began during mail call in New York’s Attica Correctional Facility. …
Ninth Circuit Adopts Test to Excuse Exhaustion of Administration Remedies for Retaliatory Threats by The Ninth Circuit Court of Appeals joined other circuits in holding that a prisoner’s fear of retaliation may be sufficient to render the grievance procedure unavailable. The Court adopted a test that requires both a subjective …
Conway v. County of Santa Clara, CA, Amended Complaint, Excessive Force - Beating & Brutality, 2016 Case 3:16-cv-00082-TEH Document 19 Filed 11/30/16 Page 1 of 22 1 2 3 4 5 6 7 STEVE M. DEFILIPPIS State Bar #117292 PICONE & DEFILIPPIS, A P.L.C. 625 N. First Street San Jose, …
Brief • November 23, 2016
Price v. Walsh, IL, Complaint, Excessive Force, 2016 ' 2:16-cv-02357-CSB•EIL # l E-FILED Page 1 or 7 Wednesday. 23 November, 2016 03:25:38 PM Clerk, U.S. District Court. ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS Rodney D. Prke, f lain tiff, ) ) ) ) ~ No. 16-CV. ) …
New York Prisoner's Misbehavior Conviction Upheld by Christopher Zoukis On Sept. 20, 2016 the Appellate Division of the Supreme Court of New York upheld the conviction of state prisoner Aaron Isaiah Young for violating prison rules. Young allegedly refused prison guard orders, and assaulted staff. During the altercation, multiple guards …
A Primer on Prisoners’ Constitutional Rights by Alex Friedmann Prison Legal News (PLN) regularly reports on prison and jail-related court decisions involving violations of prisoners’ constitutional rights. Those who are new to the arena of civil rights litigation and unfamiliar with prisoners’ few remaining rights may need a basic introduction …
Nevada Attorney General Investigates Shooting of Two Handcuffed Prisoners by Derek Gilna Two handcuffed Nevada state prisoners held in administrative segregation at the high-security High Desert State Prison were shot by guards on November 12, 2014 after they began fighting, allegedly after those same guards deliberately encouraged them to fight. …
Corrections Corporation of America, Rocked by Setbacks, Changes its Name by Derek Gilna Corrections Corporation of America (CCA), the largest for-profit prison firm in the United States, and the subject of a recent scathing Mother Jones undercover investigative report that detailed numerous deficiencies at a Louisiana prison operated by the …
Book Review: Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy by Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy, by Dr. Heather Ann Thompson (Pantheon Books, 2016). 752 pages, $24.00 (hardcover) Book review by Alan Mills Anyone who wants to …
Class-action Certified in Challenge to Treatment of Mentally Ill Mississippi Prisoners by David Reutter In September 2015, a Mississippi federal district court certified as a class-action a lawsuit challenging the treatment and conditions afforded mentally ill prisoners at the East Mississippi Correctional Facility (EMCF). The court further held that the …
Suit Over Guards Beating Transgender New York Prisoner Settles for $80,000 by On February 23, 2015, a lawsuit alleging two New York prison guards beat a transgender state prisoner while voicing anti-transgender slurs was settled for $80,000, which included $50,000 in attorney fees. Bryan Woodall was a pre-operative transgender New …
Article • October 31, 2016
Ohio Jail Prisoner's Assault-by-Guards Suit Settled for $7,000 by A federal civil rights action by an Ohio prisoner alleging multiple jail guards assaulted him without provocation was settled for $7,000 on April 9, 2014. Kevin Holcomb was incarcerated at the Lucas County jail in Toleo, Ohio on March 26, 2012, …
NY: Prisoner's Abuse Claim Survives Motion to Dismiss by Lonnie Burton On December 2, 2014, a federal judge denied New York City's attempt to dismiss a suit filed by a Riker's Island prisoner who claimed he was attacked and beaten by a jail guard without provocation or justification. The excessive …
Brief • October 24, 2016
Chang v. County of Santa Clara, CA, Amended Judgment, Excessive Force, 2016 Case 5:15-cv-02502-RMW Document 163 Filed 10/24/16 Page 1 of 1 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 8 9 10 11 SHIOW-HUEY CHANG, Case No. 5:15-cv-02502-RMW United …
Brief • October 18, 2016
Acevedo v. Marte, IL, Settlement, Excessive Force, 2016 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS-EASTERN DIVISION Daniel Acevedo, Plaintiff, V. Case No. 16 CV 3479 Sean Marte, John Sapyta, Scott Wii son, Lake County Sheriff Mark C. Curran, Jr., and The County of Lake, Defendants. …
Article • October 14, 2016
Summary Judgment Denied on North Carolina Excessive Force Claims by Mark Wilson A North Carolina federal court held that material factual disputes precluded summary judgment on a prisoner's excessive force claims. Randolph Watterson and Stephen Somerset were cellmates in protective custody at North Carolina's Gaston County Jail. Watterson claims that …
Kirk v. State, NV, Letter, Excessive Force and Mail Policies, 2016
Brief • October 5, 2016
Llamas v. DuPage County, IL, Complaint, Excessive Force, 2016 Case: 1:16-cv-09501 Document #: 1 Filed: 10/05/16 Page 1 of 4 PageID #:1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION CHRYSTIL LLAMAS, ) ) Plaintiff, ) No. 16-cv-9501 ) vs. ) Judge ) Magistrate Judge DUPAGE …
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