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Article • November 1, 2020 • from PLN November, 2020
Connecticut: Summary Judgment Denied in Deliberate Indifference Case Where Facial Lesion Turned Out To Be Skin Cancer by Chad Marks by Chad Marks Jeffrey Bardo was a state of Connecticut prisoner at the Willard Cybulski Correctional Institution in Enfield when he submitted a medical request to have an odd spot …
Article • November 1, 2020 • from PLN November, 2020
Eleventh Circuit: Florida’s Treatment Plan for Hepatitis C-Positive Prisoners Constitutional by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals held that the Florida Department of Corrections’ (FDC) treatment satisfies constitutional requirements even though it does not require that Hepatitis C (HCV)-positive prisoners be treated with expensive …
Article • November 1, 2020 • from PLN November, 2020
Filed under: News in Brief
News in Brief by Alabama: The Birmingham News reported that an Alabama prison guard had been arrested for drug trafficking after a search of his vehicle when he arrived for work at the St. Clair County prison turned up 138 grams of methamphetamine and 16 grams of heroin. Ivan Caldwell, …
Article • November 1, 2020 • from PLN November, 2020
Sixth Circuit Reverses and Allows Ohio Prisoner’s Civil Rights Lawsuit to Proceed by David Reutter by David M. Reutter The Sixth Circuit Court of Appeals reversed the grant of summary judgment to Ohio prison officials in a civil rights action alleging a prisoner’s rights were violated because he was denied …
Article • November 1, 2020 • from PLN November, 2020
Second Circuit: Denial of Exercise Over Four Months Defeats Summary Judgment by David Reutter by David M. Reutter On June 18, 2020, the Second Circuit Court of Appeals reversed the grant of summary judgment to prison officials in a 42 U.S.C. § 1983 action alleging the officials’ failure to clear …
Article • November 1, 2020 • from PLN November, 2020
Report: Screening Failures Cited in COVID-19 Outbreak in California Prisons by Kevin Bliss by Kevin Bliss California’s Office of Inspector General released a 47-page report in August 2020, which stated that vague testing guidelines, faulty thermometers and inadequate training contributed to the COVID-19 outbreak in the state’s prisons, killing 54 …
Article • November 1, 2020 • from PLN November, 2020
Rikers Island Death Case Against City of New York Settles for $5.5 Million by Derek Gilna by Derek Gilna A wrongful death action filed by the decedent’s estate of a Rikers Island prisoner against the City of New York, the New York City Health and Hospitals Corp., Prison Health Services, …
Article • November 1, 2020 • from PLN November, 2020
Fourth Circuit Orders Sealing of North Carolina Court’s Order to “Protect Defendant from Harm” by David Reutter by David M. Reutter On June 17, 2020, the Fourth Circuit Court of Appeals ordered the sealing of a North Carolina federal district court’s order. That order denied a Defendant’s motion for resentencing …
Article • November 1, 2020 • from PLN November, 2020
Filed under: Rural Prisons
Native Americans Protest Theft of Alcatraz Island by Edward Lyon by Ed Lyon The dubious history of agreement, contract and treaty breaking by the United States and its state governments was briefly addressed in the February 2019 issue of Criminal Legal News [p. 33]. The federal government has been in …
Article • November 1, 2020 • from PLN November, 2020
Filed under: Prison Labor
Temporary Halt of Federal Prison Labor at National Parks, but New Policy Proposed To Resume It by Jayson Hawkins by Jayson Hawkins An internal investigation conducted by the inspector general’s office of the Department of the Interior found a surprising lack of procedures or policies governing the use of federal …
Article • November 1, 2020 • from PLN November, 2020
$70,000 Settlement in Private Firm’s Failure to Treat Arizona Prisoner’s Broken Wrist by David Reutter by David M. Reutter Corizon Health, Inc. agreed to pay $70,000 to settle a civil rights action alleging it failed to properly treat an Arizona prisoner’s wrist injury. Eric Kevin Pesqueira incurred a wrist injury …
Article • November 1, 2020 • from PLN November, 2020
Guard Violates Eighth Amendment by Brandishing Knife and Threatening Prisoner’s Life by David Reutter by David M. Reutter On June 26, 2020, the Sixth Circuit Court of Appeals ruled in a case in which “a prisoner states an Eighth Amendment claim by alleging that, without provocation, a prison official threatened …
Article • November 1, 2020 • from PLN November, 2020
Seventh Circuit Dismisses Summary Judgment for Defendants in Illinois Prisoner’s Lawsuit Over Beating, Choking by David Reutter by David M. Reutter "The Federal Reporter is replete with examples of prisoners losing cases because they missed litigation deadlines and courts extended little forgiveness,” the Seventh Circuit Court of Appeals wrote on …
Article • November 1, 2020 • from PLN November, 2020
Filed under: PLN Litigation, Censorship
HRDC Files Civil Rights Lawsuit Against Colorado Sheriff for Censorship of Prisoner Publications by Derek Gilna by Derek Gilna The Human Rights Defense Center (HRDC), parent company of Prison Legal News, (PLN) and Criminal Legal News (CLN), on September 1, 2020, filed a federal civil rights case alleging violations of …
Captain Accused of Abusing Mentally Ill Prisoners Cleared in Internal Investigation by Kevin Bliss by Kevin Bliss A captain with the St. Louis County Justice Services Center in Clayton, Missouri was under investigation for allegedly abusing prisoners with histories of mental health problems. The captain had been accused of assaulting …
Article • November 1, 2020 • from PLN November, 2020
New York City BOP Prisoner Dies After Being Pepper-Sprayed by Kevin Bliss by Kevin Bliss Jamel Floyd, a 35-year-old Black male held at the federal Bureau of Prison’s (BOP) Metropolitan Detention Center (MDC) in Brooklyn, died after being pepper sprayed by guards June 3, 2020. Floyd was serving a 12- …
Article • November 1, 2020 • from PLN November, 2020
Filed under: Rural Prisons
Former Pennsylvania Prison All Solitary with Silence Mandatory by Edward Lyon by Ed Lyon To be penitent is generally defined to be sorry for the wrongs, sins, misdeeds or offenses a person has committed. The word penitent is actually the root of the word penitentiary, which is another word for …
Article • November 1, 2020 • from PLN November, 2020
Alabama Executes Non-Shooter in Police Killings by David Reutter by David M. Reutter The death penalty is advocated both for punishing the most atrocious cases of murder and for its alleged deterrent effect. Yet on March 5, 2020, Alabama executed a 44-year-old man, not for committing murder but instead because …
Article • November 1, 2020 • from PLN November, 2020
Former Angola Warden Burl Cain Appointed Head of Mississippi Prison System by Matthew Clarke by Matt Clarke Former Louisiana State Penitentiary Warden Burl Cain’s 21-year tenure running the prison complex at Angola was both long and controversial. His critics accused him of religious bias, blatant racial prejudice and excessive use …
Article • November 1, 2020 • from PLN November, 2020
Filed under: Telephone Rates
Massachusetts Jail Phone Cost Reductions Under Attack by Edward Lyon by Ed Lyon At least two Massachusetts sheriffs offer rehabilitative programs to prisoners in their jails. Hampden County Sheriff Nick Cocchi’s jail holds anger management, domestic violence classes and employment seminars while providing bus service to and from the jail …
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