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Article • July 1, 2020 • from PLN July, 2020
Ninth Circuit Announces New Rule on Eighth Amendment Violation Due to Sexual Assault by Montana Prison Staffer by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit announced a new rule on January 16, 2020 concerning what constitutes a violation of the Eighth Amendment’s prohibition …
Article • July 1, 2020 • from PLN July, 2020
Filed under: Staff-Prisoner Assault
Federal Court Allows Lawsuit Over Sexual Assault of Female Connecticut Prisoner to Proceed by Matthew Clarke by Matt Clarke On October 8, 2019, a federal court denied summary judgment on some claims against seven Connecticut Department of Corrections (DOC) supervisory personnel who Cara Tangreti, a former prisoner at the state’s …
Article • July 1, 2020 • from PLN July, 2020
Maine Court Rules Prisoner’s Rights Violated by 22 Months in Segregation Without Meaningful Review but Awards No Damages by Matthew Clarke by Matt Clarke On September 24, 2019, a Maine state court found that a state prisoner’s rights were violated when he was held in segregation for 22 months without …
Article • July 1, 2020 • from PLN July, 2020
$1 Million Payout to Family of Man Who Died After Seizures in Montana Jail by Kevin Bliss by Kevin Bliss The family of Roger Lee Wells will receive $1 million in compensation for his death on March 10, 2018, after he suffered several consecutive seizures without ever receiving proper treatment …
Article • July 1, 2020 • from PLN July, 2020
Filed under: COVID-19
Florida Guards and Prisoners Fear COVID-19 Infection by David Reutter by David M. Reutter Much has been made of essential employees as the economy shut down in an effort to “flatten the curve” of the COVID-19 pandemic. The focus has been on the bravery of health-care workers in hospitals and …
Article • July 1, 2020 • from PLN July, 2020
Filed under: Failure to Treat, COVID-19
COVID-19 and the Texas Department of Criminal Justice by Edward Lyon by Ed Lyon I’ve got a bad feeling about this.”That’s a famous quote from Luke Skywalker, a character in 1977’s Star Wars, as his Millennium Falcon spacecraft emerges from faster-than-light speed only to find Alderaan, its destination planet, has …
Article • July 1, 2020 • from PLN July, 2020
The Popularity of YouTube Prison Lifestyle Videos by Anthony Accurso by Anthony W. Accurso With prison reform a hot topic that has gained nationwide attention over the last decade, prison lifestyle videos on YouTube offer a window into the prison experience for many Americans. Collectively, the four most popular prison …
Article • July 1, 2020 • from PLN July, 2020
Filed under: Staff-Prisoner Assault
Ninth Circuit Reverses Summary Judgment in California Sexual Harassment Case by David Reutter by David M. Reutter On January 31, 2020, the Ninth Circuit Court of Appeals reversed the grant of summary judgment in a civil rights action alleging a guard at California’s Kern County Jail (KCJ) made sexual comments …
Article • July 1, 2020 • from PLN July, 2020
Filed under: Telephone Rates
California Court of Appeal Upholds Dismissal of Challenge to Excessive Jail Phone Rates as Unconstitutional Tax by Matthew Clarke by Matt Clarke On April 28, 2020, a California court of appeal affirmed the judgment of a lower court sustaining the demurrer of nine counties that were sued by jail prisoners …
Article • July 1, 2020 • from PLN July, 2020
Ex Post Facto Oregon Parole Postponement Claim Not Cognizable in §2254 Proceeding by Mark Wilson by Mark Wilson On October 31, 2019, an Oregon federal court held that a claim that extended parole postponement pursuant to the retroactive application of a new law violates the ex post facto clause and …
Article • July 1, 2020 • from PLN July, 2020
Filed under: Prison Labor
High School Journalists Garner National Attention by Exposing School’s Use of Prisoner Labor by Douglas Ankney by Douglas Ankney Amherst-Pelham Regional High School (APRHS) English teacher Sara Barber-Just was rubbing sleep from her eyes at 5:30 a.m. while reading the June 28, 2019, online edition of The New York Times. …
Article • July 1, 2020 • from PLN July, 2020
Florida’s “Pay-to-Vote” System Struck Down by David Reutter by David M. Reutter A Florida federal district court declared portions of Florida’s felon voting system unconstitutional. It issued injunctive relief that orders a new process put in place for indigent persons who owe financial obligations as part of a criminal sentence. …
Article • July 1, 2020 • from PLN July, 2020
Sexual Assault of Colorado Prisoner Deemed Constitutional Violation; Her Case Can Proceed by David Reutter
Article • July 1, 2020 • from PLN July, 2020
Delaware Changes Prison Health Care Provider Due to Lawsuits Against Prior Contract Holder by Jayson Hawkins by Jayson Hawkins March 2020 brought sweeping changes to the way people lived and worked as the impact of the coronavirus pandemic spread across the country. Prisons, where social distancing was often difficult or …
Article • July 1, 2020 • from PLN July, 2020
Texas Attorney General Finds GEO Documents Are Public Information by Matthew Clarke by Matt Clarke On May 1, 2020, the Texas Attorney General’s Office issued an opinion holding that all records related to a private prison contractor’s operations in the state were public information subject to the Texas Public Information …
Article • July 1, 2020 • from PLN July, 2020
Oregon Federal Court: 8th and 14th Amendments Mandate Miller Hearing by Mark Wilson by Mark Wilson An Oregon federal court held that a sentence that prohibits a juvenile offender’s possible release until he is 88 years old violates the Eighth Amendment and the Fourteenth Amendment’s Due Process Clause because it …
Article • July 1, 2020 • from PLN July, 2020
Rhode Island Pays $380,419 to Settle Prison Guard Hiring Discrimination Suit by Matthew Clarke by Matt Clarke In December 2019, the Providence Journal received a requested breakdown of money paid to applicants for prison guard positions with the Rhode Island Department of Corrections (DOC). The DOC sent a spreadsheet of …
Armstrong, et al. v. Newsom, et al., CA, declaration in support of plaintiffs' temporary restraining order, retaliation against incarcerated people with disabilities, 2020 Case 4:94-cv-02307-CW Document 2970-1 Filed 07/01/20 Page 1 of 151 1 DONALD SPECTER – 083925 RITA K. LOMIO – 254501 2 MARGOT MENDELSON – 268583 PRISON LAW …
Armstrong, et al. v. Newsom, et al., CA., Plaintiffs' Notice of Ex Parte Motion for Temporary Restraining Order, retaliation against incarcerated people with disabilities, 2020 Case 4:94-cv-02307-CW Document 2970 Filed 07/01/20 Page 1 of 24 1 DONALD SPECTER – 083925 RITA K. LOMIO – 254501 2 MARGOT MENDELSON – 268583 …
Brief • July 1, 2020
Filed under: COVID-19
Jones v. Hill, GA, Complaint, COVID-19 Release, 2020 Case 1:20-cv-02791-ELR Document 1 Filed 07/01/20 Page 1 of 112 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION RHONDA JONES; RANDOLPH MITCHELL; MICHAEL SINGLETON; and BARRY WATKINS, on behalf of themselves and others similarly situated, Plaintiffs, …
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