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Federal Judge Clears Way for Civil Rights Suit in Oklahoma Jail Death by Medical Cell #1 became a “burial crypt” inside the David L. Moss Detention Center in Tulsa, Oklahoma when Elliot Williams, a mentally-ill 37-year-old veteran, lay paralyzed with a broken neck on the concrete floor, naked, cold and …
Article • October 3, 2016 • from PLN October, 2016
Seventh Circuit: Jailhouse Lawyer’s Help No Reason to Deny Appointment of Counsel by Gary Hunter The U.S. Seventh Circuit Court of Appeals has reversed a lower court ruling that denied appointment of counsel to a prisoner because he received legal help from another prisoner. Ladell Henderson had a fifth grade …
Article • October 3, 2016 • from PLN October, 2016
Second Chance Pell Pilot Program Will Bring College to 12,000 Prisoners by On June 24, 2016, the U.S. Department of Education (DOE) announced that 67 colleges and universities had been selected to offer courses to imprisoned students at over 100 federal and state prisons through the DOE’s recently-implemented Second Chance …
Article • October 3, 2016 • from PLN October, 2016
Class-action Suit Filed Against GEO Group for Violation of Job Applicants’ Rights by GEO Group and Accurate Background, Inc. have been sued in federal court in New York for violating the Fair Credit Reporting Act (FCRA) when conducting criminal background checks on GEO job applicants. The suit, filed on October …
Judge Orders End to Recording of Attorney-Client Meetings at CCA’s Leavenworth Detention Center by Derek Gilna The Kansas Federal Public Defenders’ Office has challenged a scheme whereby officials at a detention center in Leavenworth, Kansas operated by Corrections Corporation of America (CCA) secretly video-recorded confidential attorney-client meetings. As a result, …
South Carolina Sheriff Fires Whistleblower Instead of Jailer Who Assaulted Prisoner by Matthew Clarke After a guard at a South Carolina jail repeatedly struck a prisoner who was being strapped into a restraint chair, York County Sheriff Bruce Bryant took decisive action. He fired the jailer who told a television …
Article • October 3, 2016 • from PLN October, 2016
Third Circuit Reverses Summary Judgment in Restraint Chair Case by Mark Wilson The Third Circuit Court of Appeals held that a lower court did not follow controlling Supreme Court precedent when granting summary judgment to prison officials on a mentally ill prisoner’s restraint chair-related claim. Since childhood, Pennsylvania prisoner Leonard …
Exonerated Prisoner Appointed to Connecticut’s Parole Board by Christopher Zoukis In an unusual turn of events, a former prisoner was appointed to Connecticut’s Parole Board. While ex-prisoners are typically not considered as parole board members, state officials decided that Kenneth F. Ireland was a qualified candidate. In 1989, when he …
Los Angeles County Settles Jail Suicide Suit for $1.6 Million by Almost two years after a prisoner committed suicide at the Los Angeles County Jail, the county settled a lawsuit brought by his parents for $1.6 million. [See: PLN, March 2016, p.1]. Austin Losorelli hung himself at the jail despite …
Article • October 3, 2016 • from PLN October, 2016
Federal Civil Procedure Rule 15 is Substantive, Not Chronological in Application by The Ninth Circuit Court of Appeals held on November 23, 2015 that Fed.R.Civ.P. 15 operates substantively, not chronologically, allowing a plaintiff to amend in whatever order he or she deems fit, provided there is compliance with the requirements …
Drastic Sentence Reduction for Mentally Ill Former Tamms Prisoner by Matthew Clarke When Anthony Gay, then-19 years old, was sentenced by an Illinois court for a 1993 probation violation and strong arm robbery that netted a hat and a dollar bill, he was sent to prison for 7 years. But …
Private Medical Contractors in Kentucky Not Entitled to Qualified Immunity by The Kentucky Court of Appeals held that a trial court improperly granted summary judgment to the defendants in a civil action alleging a prisoner received negligent medical care at the Hardin County Detention Center (HCDC). HCDC contracts with Southern …
Wisconsin: Wrongfully Convicted Former Prisoner Receives $6.5 Million by Chaunte D. Ott received a $6.5 million settlement from the City of Milwaukee for spending over 12 years in prison on a wrongful murder conviction, after being cleared by DNA evidence that connected the crime to a serial killer. Ott, now …
Ninth Circuit: Congress Can Criminalize Federal Sex Crimes Committed in State Facilities by Mark Wilson The Ninth Circuit Court of Appeals held in August 2015 that Congress is authorized to criminalize sexual assaults in facilities where federal prisoners are held by agreement with state and local governments. On March 5, …
Illinois: Exonerated Prisoner Calls $80,000 Award a Travesty, Retrial Ordered by Gary Hunter Nathson E. Fields spent 18 years in prison due to a conveniently “lost” file that would have cleared him. Fields was a member of the El Rukn street gang when he was convicted of a double homicide …
New Orleans Sheriff Ends Oversight of Electronic Monitoring Program by David Reutter The Orleans Parish Sheriff’s Office’s (OPSO) administration of New Orleans’ Electronic Monitoring Program (EMP) was an almost “total failure,” according to the city’s Inspector General, Ed Quatrevaux, who found deficiencies in the program compromised public safety and wasted …
Article • September 30, 2016 • from PLN October, 2016
Wisconsin Prison Enters into Consent Decree to Correct Tainted Water by Derek Gilna In 2014, Wisconsin’s Fox Lake Correctional Institution (Fox Lake) executed a consent decree with the state Department of Natural Resources (WDNR) in response to complaints about high levels of copper and lead in the prison’s water supply. …
Oregon Habeas Cognizable to Challenge Confinement in Florida and Colorado under Interstate Compact by In a pair of rulings, the Oregon Court of Appeals held that prisoners incarcerated in other states under the Interstate Corrections Compact (ICC) may challenge the conditions of their confinement in habeas corpus actions against Oregon …
Massachusetts’ Anti-shackling Law Limits Restraints on Pregnant Prisoners but Problems Persist by Joe Watson by Joe Watson and Matt Clarke Being pregnant is stressful – just ask any woman who has been pregnant. Incarceration adds to that stress and removes support systems, so prisoners face problems during their pregnancy, birthing …
GEO Group Still Invests in Florida Politics by Prison Legal News has long reported on the financial partnership between for-profit prison firm GEO Group and Florida politicians – a “legacy of corruption,” as detailed in PLN’s March 2011 cover story. GEO’s Political Action Committee (PAC) in Florida, where the company …
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