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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 …
Article • October 31, 2016
North Carolina Court of Appeals Upholds Termination of Prisoner's Parental Rights by While the identity of the father was unknown, minor child C.L.S. was adjudicated neglected and dependent based upon the mother's history of drug addiction - including drug use during her pregnancy with C.L.S. - mental health issues and drug-related criminal …
Article • October 31, 2016
Ninth Circuit Upholds Enforcement of $975,000 Settlement Against Arpaio by On June 2, 2014, the Ninth Circuit court of appeals upheld the district court's decision to enforce a $975,000 settlement in a civil rights lawsuit brought by a Maricopa County (Arizona) Supervisor and her husband alleging Maricopa County Sheriff Joe …
Ninth Circuit Finds Arizona's Sex Offender Registration Law Not Ex Post Facto Violation by Matthew Clarke On September 2, 2016, a three-judge panel of the Ninth Circuit U.S. Court of Appeals found that Arizona's sex offender registration law may be constitutionally applied to persons who committed their offense prior to …
New York Settles Indigent Defense Suit; $5.5 Million in Attorney Fees by Plaintiffs filed a state court class-action suit alleging the system of indigent legal services for defendants in New York criminal cases was unconstitutionally deficient. On October 22, 2014, the state and the New York Civil Liberties Union (NYCLU), …
Nevada Prisoner Receives $500, Other Considerations, in Settlement of Complaint Asserting Numerous Civil Rights Violations by Lonnie Burton On April 18, 2016, the Nevada Department of' Corrections (NDOC) agreed to pay a state prisoner $500 and make other policy changes' as part of a settlement agreement resolving the federal civil …
Nebraska Supreme Court Says Prisoners Have No Constitutional Right to Own a Typewriter by Lonnie Burton On September 9, 2016, the Nebraska Supreme Court dismissed a complaint filed by a prisoner who was not allowed access to his personal typewriter, ruling that under the United States Constitution, prisoners do not …
Nearly 2% of U.S. Adults on Parole or Probation at Year-End 2013 by Matthew Clarke According to a statistical report released by the U.S. Department of Justice's Bureau of Justice Statistics in October 2014, there were nearly 4.8 million U.S. adults on some form of community supervision at the end …
MN: Jail Strip Search of Drug Suspect Held Constitutional by Lonnie Burton Jonathan Jacobson was arrested in 2009 for driving while under the influence of alcohol. He admitted to the Stewartsville, Minnesota police officer that he recently "smoked a bowl" of marijuana. Jacobson was booked in to the county jail …
Article • October 27, 2016
Missouri Not Required to Disclose Identity of Doctor or Pharmacy Who Provide Drugs for Lethal Injections by Lonnie Burton In an 8-3 decision following an en banc hearing, the U.S. Court of Appeals for the Eighth Circuit ruled that the state of Missouri does not have to disclose the names …
Article • October 27, 2016
Missouri Court of Appeals Upholds Termination of Prisoner's Parental Rights by Matthew Clarke B.E.G. (Father) appealed the termination of parental rights to two minor children whom he sexually abused. The court of appeals affirmed. Because he pled guilty to child molestation, Father was prohibited by section 211.038 R.S. Mo. from …
Mentally Ill Texas Jail Prisoner Celled in Fetid Squalor for Months by Matthew Clarke Almost a year after a surprise inspection of the Harris County Jail in Houston, Texas by the Texas Commission on Jail Standards (TCJS) resulted in the discovery of a mentally ill prisoner who had been locked …
Maricopa County Jail's Prisoner Health Care Still Unconstitutional by Matthew Clarke With assistance from American Civil Liberties Union's National Prison Project (NPP) attorneys, plaintiffs were able to fend off an attempt to terminate a 37-year-old class-action civil-rights lawsuit challenging the provision of medical and mental health services to pretrial detainees …
Landmark Settlement in New York State Juvenile Solitary Confinement Suit by Matthew Clarke The New York Department of Corrections and Community Supervision (DOCCS) reached a landmark settlement in a case involving excessive solitary confinement of 16- and 17-year-old (juvenile) prisoners. The settlement, filed on October 17, 2014, ushers in wide …
Article • October 27, 2016
Los Angeles Sheriff and County Not Liable for Sexual Assault by Deputy by Lonnie Burton The U.S. Court of Appeals for the Ninth Circuit upheld the dismissal of a lawsuit brought by a woman who claimed she was sexually assaulted by a sheriff's deputy after she received a traffic ticket. …
Article • October 27, 2016
Kentucky Court of Appeals Upholds Jail Confiscating Cash and Checks to Pay Fees by Matthew Clarke On November 13, 2015, a Kentucky court of appeals held that neither a jail nor a bank acted illegally when the confiscated the checks prisoners had on them when they were booked into the …
Kansas Supreme Court Holds State Immune from Suit Over Murder by Escapee by Matthew Clarke On April 22, 2016, the Supreme Court of Kansas held that the son of a woman murdered by an escaped state prisoner could not sue the state for her personal injuries and wrongful death. The …
Jail Officials Compelled to Provide Medical Reports in Wrongful Death Lawsuit by Lonnie Burton The United States District Court for the Northern District of Georgia has ordered the defendant in a lawsuit stemming from the beating death of a prisoner to provide county morbidity and mortality reports to the plaintiff …
AL: Insurance Company Required to Pay $2.3M Award in Wrongful Imprisonment Suit by Lonnie Burton Robert Garland and John Tatum were convicted and sentenced in 1991 on federal drug charges. They were later released when, in 1992, Captain Jerry Newton of the Andalusia, Alabama police department admitted to a fellow …
Article • October 27, 2016
Former Prison Guard Escapes from Texas State Jail by Charlie Davis, Jr.--a former Texas prison guard--escaped from the Wheeler State Jail in Plainview, Texas, on October 27, 2014. Davis, 36, worked as a guard at the Texas Department of Criminal Justice's Clements Unit in Amarillo, a maximum-security prison, from April …
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