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Arrestee Dies in a Jail with No Medical Staff; Eleventh Circuit Reverses Dismissal by Edward Lyon by Ed Lyon On April 3, 2019, the Court of Appeals for the Eleventh Circuit reversed a district court’s dismissal of a civil rights case concerning the death of a jail detainee. Almus Taylor, …
Article • July 2, 2019 • from PLN July, 2019
Scammers Deprive Prisoners with Legitimate Substance Abuse Problems of BOP Drug Treatment by Douglas Ankney by Douglas Ankney An industry composed of prison consultants charges thousands of dollars to help people prepare for life behind bars. One service they provide is information about the Residential Drug Abuse Program (RDAP) offered …
New Bill Restricts Use of Solitary Confinement in New Mexico by Kevin W. Bliss by Kevin W. Bliss In April 2019, newly elected New Mexico Governor Michelle Lujan Grisham signed House Bill 364, which limits the use of solitary confinement for certain prisoners housed in New Mexico Corrections Department (NMCD) …
Article • July 2, 2019 • from PLN July, 2019
Interim Attorney Fees Awarded in Kentucky Good Time Lawsuit by David M. Reutter by David M. Reutter In December 2018, a Kentucky federal district court awarded interim attorney fees and costs totaling $228,445.08 in a class-action lawsuit alleging state prisoners were denied Educational Good Time (EGT) credit earned since July …
More States on Track to Restore Voting Rights to Felons, but Not Without Hurdles by Dale Chappell by Dale Chappell In late May 2019, Nevada Governor Steve Sisolak signed into law a bill that granted automatic restoration of voting rights to former prisoners. State law had already allowed voting by …
Mentally Ill Texas Woman “Ignored to Death” After Five Months in Jail by Matthew Clarke by Matt Clarke Janice Dotson-Stephens, 61, died of natural causes at the Bexar County jail in San Antonio, Texas on December 14, 2018. The circumstances of her death were anything but “natural,” though. She spent …
Article • July 2, 2019 • from PLN July, 2019
Filed under: Money/Property
Pennsylvania Prisoners’ Cigarette Stashes to Go Up in Smoke by Douglas Ankney by Douglas Ankney Effective July 1, 2019, the Pennsylvania Department of Corrections (DOC) banned tobacco use by staff and prisoners at all state prisons. Announced by DOC Secretary John Wetzel in March, the new rule means that cigarettes, …
Article • July 2, 2019 • from PLN July, 2019
Monterey County, California Pays $365,000 for Jail Prisoner’s Death by Douglas Ankney by Douglas Ankney Officials in Monterey County, California agreed to pay the family of Jacob Parenti $365,000 to settle a lawsuit over his death while he was held at the Monterey County Jail (MCJ). In 2013, Parenti was …
Article • July 2, 2019 • from PLN July, 2019
Former Louisiana Warden Nate Cain, Son of Infamous Burl Cain, Pleads Guilty by David M. Reutter by David M. Reutter “Yes, sir,” said Nathan Burl Cain II. With that reply in March 2019, the former warden of Louisiana’s Avoyelles Correctional Center, now known as the Raymond Laborde Correctional Center, abruptly …
Article • July 2, 2019 • from PLN July, 2019
Filed under: Attorney Fee Awards
Minnesota Sheriff Hit with Attorney Fees Award in Civil Rights Case by Derek Gilna by Derek Gilna Martin County, Minnesota Sheriff Jeffrey Markquart has been ordered to pay $6,075 in attorney fees to former prisoner Erik Daniel Christianson in a federal civil rights action where the district court found Christianson …
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 …
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