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Article • July 2, 2019 • from PLN July, 2019
End of Gubernatorial Terms Bring Pardons, Commutations by David M. Reutter by David M. Reutter Following the 2018 elections, outgoing governors in at least 10 states and others who remained in office resolved some outstanding clemency applications by issuing pardons and commutations. In January 2019, then-Illinois Governor Bruce Rauner – …
Article • July 2, 2019 • from PLN July, 2019
Federal Judge Holds Bivens Not Applicable to Prison Workplace Discrimination Claims by Dale Chappell by Dale Chappell Refusing to extend Bivens to cover a prison workplace discrimination claim, last year the U.S. District Court for the District of New Jersey held that a remedy for such a claim would have …
Article • July 2, 2019 • from PLN July, 2019
Filed under: Settlements, Parole
Michigan: $40,000 Settlement for Parole Violation Sanctions Absent Due Process by David M. Reutter by David M. Reutter A $40,000 settlement was reached in a lawsuit alleging the Michigan Department of Corrections (MDOC) deprived a parolee of his liberty without due process or an opportunity to properly waive his rights. …
Article • July 2, 2019 • from PLN July, 2019
Filed under: Retaliation, RLUIPA
Eighth Circuit Reinstates Iowa Prisoner’s Retaliation Claims by Matthew Clarke by Matt Clarke  On February 26, 2019, the Eighth Circuit Court of Appeals reinstated some of the retaliation claims in a prisoner’s civil rights action that had been dismissed by the district court. Iowa state prisoner Mark Bitzan filed suit …
Article • July 2, 2019 • from PLN July, 2019
Filed under: Prison Industries
Mississippi Prison Industry Program Faltering, CEO Fired by David M. Reutter by David M. Reutter The Mississippi Prison Industries Corporation (MPIC), a nonprofit “quasi-state agency,” is suffering financial losses and its future viability was questioned in a report by the state’s Joint Legislative Committee on Performance Evaluation Expenditure Review (PEER). …
Nevada: Jail Death Due to Excessive Force Leads to $175,000 in Settlements by Dale Chappell by Dale Chappell An excessive force death at the hands of Washoe County, Nevada sheriff’s deputies ended in settlements totaling $175,000. It was the third excessive force death in a two-year period for the Sheriff’s …
Article • July 2, 2019 • from PLN July, 2019
Ninth Circuit Issues Ruling on Arizona DOC Stipulated Settlement by David M. Reutter by David M. Reutter The Ninth Circuit Court of Appeals held on December 20, 2018 that a stipulated settlement in a conditions of confinement suit against the Arizona Department of Corrections (ADOC) allowed the district court to …
Article • July 2, 2019 • from PLN July, 2019
California: Denial of Bed During Jail Disturbances Not a Constitutional Violation by David M. Reutter by David M. Reutter On January 11, 2019, the Ninth Circuit Court of Appeals affirmed a grant of summary judgment to the defendants in a civil rights action alleging a pretrial detainee was denied a …
Article • July 2, 2019 • from PLN July, 2019
$115,000 Settlement after Nebraska Prison Nurses Ignore Prisoner’s Heart Attack by Edward Lyon by Ed Lyon In mid-August 2015, diabetic Nebraska prisoner Aron Lee Boyd­-Nicholson was washing clothes in his cell when he began experiencing classic heart attack symptoms – including chest pain, dizziness and weakness – before he collapsed. …
Article • July 2, 2019 • from PLN July, 2019
Tennessee: Federal Court Grants Class-Action Status in Shareholder Suit Against CoreCivic by Matthew Clarke by Matt Clarke On March 26, 2019, a federal district court in Tennessee granted class-action certification in a shareholder lawsuit brought against CoreCivic, formerly Corrections Corporation of America, that alleged the company made statements misrepresenting the …
Article • July 2, 2019 • from PLN July, 2019
Fifth Circuit Holds Transgender Prisoner Not Entitled to Sex Reassignment Surgery by Matthew Clarke by Matt Clarke  In a 23-page opinion issued on March 29, 2019, the Fifth Circuit Court of Appeals held the Texas Department of Criminal Justice (TDCJ) did not violate the Eighth Amendment by refusing to provide …
Native American Prisoners Win Lawsuit Over Right to Wear Long Hair by Matthew Clarke by Matt Clarke  On January 24, 2019, a Texas federal district court held that three Native American prisoners had the right to wear long hair as required by their religious beliefs. Teddy Norris Grey Hawk Davis, …
Article • July 2, 2019 • from PLN July, 2019
“Game of Kings” Has Large Following, Long History Behind Bars by Matthew Clarke by Matt Clarke  For centuries, chess has been known as the “Game of Kings” for its ability to teach participants focus, planning and tactics. But kings are not the only people who can benefit from the strategic …
Article • July 2, 2019 • from PLN July, 2019
Filed under: Misconduct/Corruption
17 Indicted in SC Prison Smuggling Ring by Scott Grammer by Scott Grammer South Carolina Attorney General Alan Wilson announced on November 23, 2018 that 17 indictments had been issued after an investigation into a prison contraband smuggling ring that authorities called “Operation Cash Cow.” The indictments against four prisoners, …
Article • July 2, 2019 • from PLN July, 2019
D.C. Court Awards $501 Million in Suit Against North Korea for Torture-Death of Prisoner by Matthew Clarke by Matt Clarke  On December 24, 2018, a federal court awarded $501.1 million to the parents of Otto Warmbier after he was tried, convicted and imprisoned by North Korean officials in an attempt …
Article • July 2, 2019 • from PLN July, 2019
Fourth Circuit Reverses Dismissal of South Carolina Prisoner’s Suit Over Safekeeper Status by David M. Reutter by David M. Reutter The Fourth Circuit Court of Appeals reversed a grant of summary judgment to officials who allegedly denied a pretrial detainee substantive and procedural due process when placing him in safekeeper …
Article • July 2, 2019 • from PLN July, 2019
Filed under: Release and Reentry
Some Prisons Are Using Virtual Reality for Reentry and Other Programs by Matthew Clarke by Matt Clarke  Since 2016, Colorado has been using virtual reality (VR) reentry programs for some long-term prisoners. Other states, most notably Pennsylvania and Alaska, are also experimenting with VR for reentry training and other purposes. …
Article • July 2, 2019 • from PLN July, 2019
New Study Finds Mass Incarceration Impacts Over Half of U.S. Families by Steve Horn by Steve Horn A new survey-based report published by a multi-university team of researchers, predominantly from Cornell University and FWD.us, a group of advocates for criminal justice and immigration reform, has revealed that over half of all …
Article • July 2, 2019 • from PLN July, 2019
Filed under: Misconduct/Corruption
South Carolina Fails to Evacuate Prisoners Threatened by Hurricane by Matthew Clarke by Matt Clarke In September 2018, when Hurricane Florence bore down on the U.S. coast as a dangerous Category 4 storm, over a million people in Virginia, South Carolina and North Carolina were told to flee inland. Many …
Article • July 2, 2019 • from PLN July, 2019
New York Sheriff Loses Lawsuit, Must Report Serious Prisoner Incidents to State Agency by Chad Marks by Chad Marks A sheriff in Western New York, on the losing end of a lawsuit filed by four citizens, must report serious prisoner incidents to the New York State Commission of Correction. Sheriff …
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