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Article • August 5, 2016
INS Detainees Not Entitled to Protections and Wages under Federal Fair Labor Standards Act by The U.S. Court of Appeals for the Fifth Circuit has adopted a lower court’s judgment that held that Immigration and Naturalization Service (INS) alien detainees were not employees a defined by the Fair Labor Standards …
Federal Jury Awards $9 Million to Illinois Man Cleared of Rape He Was Convicted of as Teenager by Alejandro Dominguez, who spent four years in prison for a rape he did not commit, was awarded $9 million by a federal jury after DNA evidence cleared him of the charges. Dominguez, …
Negligence not Grounds for Prosecution in Deaths of Wisconsin Prisoners by Gary Hunter It was a Thursday in late July 2009 when Myron Weston, a prisoner at Milwaukee Secure Detention Facility (MSDF), drank cleaning fluid from the supplies given to him to perform his janitorial duties. A short time later …
Article • August 5, 2016
CA Prisoners Win Appeal in Failure-To-Pay Interest Case by The U.S. Court of Appeals for the Ninth Circuit has remanded a case filed by several California state prisoners challenging a California Department of Corrections and Rehabilitation (CDCR) practice of refusing to credit the prisoners with interest earned on their accounts. …
Article • August 5, 2016
PLRA Requires each Prisoner Plaintiff to Pay Full Filing Fee by The Seventh Circuit Court of Appeals affirmed a Wisconsin District Court’s order that held each prisoner proceeding in forma pauperis (IFP) must pay the full $150 filing fee. This action was filed by four prisoners at Wisconsin’s top-security prison, …
Article • August 5, 2016
Philadelphia Man Awarded $65,000 in Police Assault by A Philadelphia state court jury awarded $65,000 to a man after finding two police officers liable for assault and battery and malicious prosecution. At issue was the April 2, 2013, arrest of Phillip Easley, 30, who walked to a store and offered …
Oklahoma County Settles Suit over Excessive Use of Restraint Chair for $200,000 by On May 20, 2014, Bryan County, Oklahoma agreed to settle a lawsuit brought by a former Bryan County Jail prisoner over maltreatment, including placing him in a restraint chair multiple times for days at a time and …
North Dakota Prisoner’s Parental Rights Terminated by The North Dakota Supreme Court upheld the termination of a prisoner’s parental rights. Before the court was the appeal of G. L., who argued a juvenile court erred by declaring him in default, finding that causes of the child’s deprivation were likely to …
Article • August 5, 2016
Nebraska Juvenile Court May Enter Visitation Orders While Appeal Pending by The Nebraska Court of Appeals held a juvenile court had continuing jurisdiction to suspend a parents visitation privileges while an appeal challenging adjudication of the children was pending.  The court further found it lacked jurisdiction over the instant appeal …
Article • August 5, 2016
Milwaukee Man Receives $506,000 Award for Wrongful Stop by A Wisconsin federal jury awarded $506,000 to a man who was stopped without reason and wrongfully arrested. As Leo Hardy was leaving his mother’s home, Milwaukee police officers Michael Gasser and Keith Garland, Jr., stopped him on March 13, 2012, for …
Article • August 5, 2016
Filed under: Sentencing, Juveniles
Miller Applies Retroactively in Florida by In a unanimous decision, the Florida Supreme Court held that the ruling in Miller v. Alabama, 132 S. Ct. 2455 (2012), which “forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders,” is entitled to retroactive application. Before …
Michigan Women’s Prison Investigated for Abusing Mentally Ill by A letter from the Michigan ACLU to the Michigan Department of Corrections (MDOC) charged that mentally ill prisoners were being abused.  One instance involved the hog tying of a prisoner as punishment. The July 2015 letter concerned prisoner treatment at the …
Michigan PLRA Requires Dismissal for Failure to Make Initial disclosure Statements; Prisons not a Public Service by A Michigan Court of Appeals held the state’s Prison Litigation Reform Act (PLRA) requires dismissal of a lawsuit when a prisoner-plaintiff fails to “disclose the number of civil actions and appeals that the …
Article • August 5, 2016
Florida Woman Awarded $75,000 for Excessive Force by Deputy by A Florida federal jury awarded $75,000 to a woman in a civil rights action alleging Palm Beach County Sheriffs’ Deputy Michael Woodside falsely arrested, used excessive force and violated the First Amendment rights of plaintiff. Woodside responded to call that …
Article • August 5, 2016
Florida City Cannot be forced to Provide CCA with Water Utility Services by A Florida Circuit Court held the City of Pembroke Pines did not waive its right to deny water to a Correction Corporation of America (CCA) facility. CCA bought a plot of land in 1988 in hopes of …
Article • August 5, 2016
Federal Guard’s Conviction for Sexual Abuse of Prisoners Affirmed by The Sixth Circuit Court of Appeals affirmed a federal prison guard’s convictions on four counts of causing another to engage in sexual intercourse by use of force; one count for engaging in sexual acts with a person in detention; one …
Article • August 5, 2016
Federal and State Officers Face Liability for Framing Drug Defendants by The Sixth Circuit Court of appeals reversed an Ohio federal district court’s order that disposed of claims related to federal and state law enforcement officers framing two men on drug charges in Operation Turnaround. Before the court was the …
Article • August 5, 2016
Failure to Provide Hearing Aid Batteries is Deliberate Indifference to Serious Medical Need by The Eleventh Circuit Court of Appeals held a prisoner who suffers from substantial hearing loss that may be remediated by a hearing aid may state claim for deliberate indifference to a serious medical need if prison …
Violence in Mississippi Prisons Exacerbated by Guards’ Assistance by David Reutter A contributor, perhaps the most serious one, to violence in Mississippi prisons is the accessory before the fact by guards. Prisoners being able to access cells and cellblocks not their own due to locks being easily overcoming via design …
Two Illinois Jail Guards Indicted in 2011 'Take Down,' Death of Homeless Man by Joe Watson Two former Illinois jail guards who were employed by the Lake County Sheriff's Office north of Chicago were indicted October 29, 2014, on felony charges related to the death of a homeless man booked …
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