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Article • March 31, 2016 • from PLN April, 2016
Filed under: News in Brief
News in Brief by Arizona: On October 28, 2015, Maricopa County youth detention guard Patrice Dawson was arrested on felony charges of sexual misconduct. Dawson, who supervised juvenile offenders, was accused of having sexual relations with an underage prisoner; she was fired from the department after confessing to the relationship. …
Article • March 31, 2016
Holder Orders U.S. Attorneys Not to Use Appeal Waivers by Derek Gilna Former U.S. Attorney General Eric Holder followed up his announcement restricting the usage of 851’s to coerce plea bargains with an announcement directing, not suggesting, that all U.S. Attorneys refrain from asking for appeal and habeas waivers in …
Article • March 31, 2016
Bids for Florida DOC Video Visitation Technology Result in Lawsuit by On March 7, 2014, the Florida Department of Corrections (DOC) released a request for proposal (RFP) seeking a five-year contract with a vendor to install telecommunications services in its prisons. Proposals were submitted by Century Link to Public Communications, …
Article • March 31, 2016
Prisoner’s Suicide Costs Los Angeles County $450,000 by The County of Los Angeles paid $350,000 to settle a federal civil rights action alleging the indifference of jail staff to the serious medical needs of prisoner Steven Cardenas resulted in his death by suicide. Cardenas was sentenced in May 2007 to …
Article • March 31, 2016
New Jersey’s SOMA Violates Ex Post Facto Prohibitions by Mark Wilson The New Jersey Supreme Court held that the retroactive application of the 2007 Sex Offender Monitoring Act (SOMA) violates state and federal ex post facto prohibitions. In 1986, George Riley was convicted of sex offenses against a child and …
Article • March 31, 2016
Iowa Court Effectively Bars Lifer From Spending Any Money While In Prison by Christopher Zoukis Tracey Richter, serving a life sentence at the Mitchellville women's prison in Iowa, learned in April 2014 that she faces a new punishment as to her 2001 murder conviction: a garnishment order from the state …
Article • March 30, 2016
Filed under: Restitution
Oregon Rules Authorizing Restitution as Disciplinary Sanction Upheld by Mark Wilson The Oregon Court of Appeals rejected a prisoner’s constitutional and statutory challenge of administrative rules authorizing the imposition of restitution as a prison disciplinary sanction and the withdrawal of money from his prison trust account to pay such restitution. …
Article • March 30, 2016
IFP Denials Don’t Trigger California Vexatious Litigant Treatment by Mark Wilson The California Court of Appeals held that a lower court improperly determined that a prisoner was a vexatious litigant, under California law. When an In Forma Pauperis (IFP) application is denied, the action is never commenced and does not …
Article • March 30, 2016
Filed under: Forfeiture
Forfeiture Procedural Requirements Require Strict Compliance in Tennessee by The Tennessee Supreme Court has held that in forfeiture proceedings, the governmental agency seeking forfeiture must present affirmative proof that it has complied with both the procedural and substantive requirements of the forfeiture statutes. The ruling came in a suit filed …
Article • March 30, 2016
Filed under: Visiting
California Felon Prison Re-entry Law Requires Informed Consent by Mark Wilson The California Court of Appeals held that a state law prohibiting ex-convicts from entering prison grounds without consent requires informed consent. Under California Penal Code section 4571, it is a felony for anyone who has been previously sentenced to …
Article • March 30, 2016
$565,500 Jury Verdict in Montana Jail Prisoner’s Wrongful Death Suit by Matthew Clarke On October 24, 2014, a Montana state jury found Missoula County liable in the wrongful death of a jail prisoner and assessed an award of $565,500 against the county. The county agreed not to appeal and to …
Article • March 30, 2016
$55,000 Settlement in Suit over Beating/Restraint Chair Abuse at New Jersey Jail by Matthew Clarke In December 2014, Sussex County, New Jersey settled a lawsuit brought by a former jail prisoner who alleged he was brutally beaten, sprayed with chemicals and strapped into a restraint chair for 19 hours after …
Article • March 30, 2016
Filed under: Discrimination, Marriage
Missouri: Law Requiring Prisoners’ Presence for Marriage Licenses Unconstitutional by Joe Watson U.S. District Judge Gary Fenner ruled on February 6, 2014, that a Missouri law that effectively prohibits prisoners from getting married is unconstitutional because it violates the due process clause of the 14th Amendment. The law – Missouri …
Following Settlement, Use of Seclusion Plummets in Ohio Juvenile Prisons by Matthew Clarke On May 21, 2014, the United States Department of Justice (DOJ) and private plaintiffs announced a settlement agreement with Ohio requiring the Ohio Department of Youth Services (DYS) to dramatically reduce and eventually eliminate the use of …
Article • March 30, 2016
$100,000 Award to Pennsylvania Prisoner Denied Dental Care by A Pennsylvania federal jury awarded $100,000 to a prisoner who was denied treatment for a “rotten molar” while at the Washington County Correctional Facility (WCCF). Upon his February 6, 2009 intake at WCCF, Joseph Consonery informed a nurse that he had …
Article • March 30, 2016
$25,000 Settlement for Pennsylvania Prisoner Injured in Work Squad by A $25,000 settlement was reached in a lawsuit by a former Pennsylvania prisoner who was injured using a jackhammer on a work squad. Jeffrey Thomas was a prisoner at the work camp of the State Correctional Institution – Rockview on …
$350,000 Settlement in Suit over Texas Jail Prisoner's Murder by Matthew Clarke On August 21, 2014, Tarrant County, Texas settled for $350,000 a lawsuit brought under the Civil Rights Act and Americans with Disabilities Act (ADA) by the sister and administrator of the estate of deceased Tarrant County Jail prisoner …
Article • March 30, 2016
$75,000 Award for Illinois Prisoner Subjected to Forced Feeding by An Illinois federal jury awarded $75,000 to a prisoner who was subjected to excessive force during a force feeding procedure.  Post-trial, the parties reached a confidential settlement that included attorney fees. Illinois prisoner John Williams went a hunger strike at …
Article • March 30, 2016
Ninth Circuit Rules Judge “Abused Discretion” in Imposing Post-Conviction Abstinence by Derek Gilna Ronald Bell, arrested and convicted of filing false tax returns to obtain fraudulent refunds, appealed his district court sentence on three grounds, including whether the district court judge committed Sixth Amendment error in failing to prompt him …
Article • March 30, 2016
New Thurston County, Washington Jail Finally Opens After Sitting Empty by It didn’t matter that in 2004, the citizens of Thurston County, Washington voted against building a new county jail. In 2010, County Commissioners took it upon themselves to borrow $44 million from county coffers to build the new facility …
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