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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 …
Phoenix Fire Investigators and Insurance Company Implicated in Wrongful Prosecutions by Joe Watson Following a decision by Arizona prosecutors not to criminally charge a pair of Phoenix Fire Department (PFD) investigators who allegedly lied under oath and trained a dog to implicate innocent people, victims have pursued justice through civil …
Article • December 7, 2016 • from PLN December, 2016
Missouri: Habeas Corpus Granted to Prisoner Denied Jail Credit by A Missouri Court of Appeals granted a prisoner’s writ of habeas corpus and ordered him “immediately released from custody.” Before the state appellate court was the habeas petition of Andrew Kory. Kory was imprisoned on July 2, 2014 and charged …
If the Risk is Low, Let Them Go by by Renee Feltz, The Indypendent Back in 1978, Mujahid Farid had already decided to turn his life around when he entered the New York prison system to begin a 15-year-to-life sentence for attempted murder of an NYPD officer.  Held in Rikers Island …
Article • December 7, 2016 • from PLN December, 2016
California Prison Employees Reap Staggering Overtime Payments by Christopher Zoukis These are flush times for California prison workers. In 2014, California Department of Corrections and Rehabilitation (CDCR) employees hit a six-year high for overtime pay, receiving $575 million in overtime despite a major decline in the state’s prison population. Over …
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. …
Article • December 7, 2016 • from PLN December, 2016
Fifth Circuit Holds Louisiana Prisoner May Sue Over Failure to Credit Good Time by Matthew Clarke On January 1, 2016, the Fifth Circuit Court of Appeals held that a Louisiana prisoner may sue prison officials for failing to credit him with good conduct time which would have shortened his sentence. …
$500,000 in Settlements after Utah Prisoner Dies when Medical Technician Doesn’t Show up for Work by Christopher Zoukis On April 5, 2015, Ramon C. Estrada, 62, incarcerated since 2005, died at the Utah State Prison due to an apparent heart attack related to renal failure. His death was preceded by …
Article • December 7, 2016 • from PLN December, 2016
Missouri Governor Doesn’t Have to Serve as Public Defender by In a letter dated August 2, 2016, the director of Missouri’s Public Defender System called for Governor Jay Nixon – a licensed lawyer who was a four-term Attorney General before being elected governor – to represent an indigent defendant in …
More Suicides, Overdoses and Murders in California Prisons, According to Death Review Report by Joe Watson While California’s prison population is down, homicides among state prisoners in 2013 were up sharply over previous years. Deaths from drug overdoses in California prisons were up, too, and the suicide rate among state …
Ninth Circuit Declines to Enforce Procedural Bar When Prison Officials Waive Rule by In a January 12, 2016 decision, the Ninth Circuit Court of Appeals held that a prisoner successfully exhausts “such administrative remedies as are available” under the Prison Litigation Reform Act (PLRA) “despite failing to comply with a …
Prison Rodeos: A Bunch of Bull? by David Reutter Rarely does the public find anything entertaining about a person who has been convicted of a crime and sent to prison. That is not the case with prison rodeos, however, which draw people from all over the U.S. and even other …
Article • December 7, 2016 • from PLN December, 2016
Filed under: Settlements
New Mexico County Officials Settle Jail Prisoner’s Suit for $750,000 by A man who was incarcerated in a New Mexico jail for 18 days settled his lawsuit against county commissioners and jail officials for $750,000 in December 2015. Michael Faziani, who lives in Tennessee, moved temporarily to Truth or Consequences, …
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 …
Connecticut Prisoners File Suit Over Exposure to Radon Gas by Panagioti Tsolkas This summer, prisoners at the Garner Correctional Institution (GCI) in Newtown, Connecticut responded to more than two decades of radon exposure at the facility by filing a class-action lawsuit. “The length of time this went on didn’t have …
Prominent Texas Capital Defense Attorney Suspended for a Year by David Dow has near-legendary status among death penalty attorneys in Texas. He works pro bono for clients whose lives literally depend on him; he takes their cases after they arrive on death row, often seeking to right the wrongs committed …
Potential Class-action Suit over Domestic Violence “Victim Fees” in Georgia by The Atlanta-based Southern Center for Human Rights (SCHR) and Columbus, Georgia attorney Mark C. Post filed a federal lawsuit on October 5, 2016 on behalf of Cleopatra Harrison and a potential class of other women who were charged controversial …
Widespread Failures at Crime Labs Continue to Plague Criminal Justice System by Derek Gilna Crime labs nationwide continue to face seemingly intractable problems – particularly in terms of unreliable forensic evidence testing and being influenced by law enforcement and prosecutorial bias. Despite efforts at reform, and efforts to implement technological …
Private Prison in Texas Closes after Riot Renders it Uninhabitable by Matthew Clarke On February 20, 2015, an uprising occurred at the Willacy County Correctional Center (WCCC), a private prison located in Raymondville, Texas that was operated by Utah-based Management and Training Corporation (MTC). The facility primarily housed criminal immigrant …
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