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Article • September 15, 2024 • from PLN September, 2024
Second Circuit: New York Prisoner’s Prior Cases Not PLRA Strikes by David Reutter On March 14, 2024, the U.S. Court of Appeals for the Second Circuit held that a district court erred in dismissing a New York prisoner’s civil rights action for violating the “three strikes” provision of the Prison …
Article • September 15, 2024 • from PLN September, 2024
BOP Cuts Ties With American Correctional Association by On March 31, 2024, the Federal Bureau of Prisons (BOP) let its contract expire with the American Correctional Association (ACA), which provided accreditations for all BOP prisons, training centers and its Central Office Headquarters. BOP opted not to renew the $2.75 million …
Washington Parole Board Failed to Meaningfully Apply Presumption of Release for Prisoner Sentenced to LWOP as Juvenile by On April 11, 2024, the Washington Court of Appeals refused to reconsider an earlier finding that the state’s Indeterminate Sentence Review Board (ISRB) failed to meaningfully apply the statutory presumption that prisoners …
Article • September 15, 2024 • from PLN September, 2024
Nevada Supreme Court Holds That Violating Jail Phone Policy Does Not Waive Attorney-Client Privilege by Douglas Ankney by Douglas Ankney When a jail is found to violate a detainee’s Sixth Amendment expectation that communications with his attorney are privileged, courts often shrug it off as harmless; after all, the detainee …
Article • September 15, 2024 • from PLN September, 2024
Hometown Prison Examines Its Texas Neighbors by Incarcerated readers of PLN will not soon get a chance to see Hometown Prison, a new documentary film released on February 27, 2024, which explores the relationship between some 80,000 people who make their home in Huntsville, Texas and the seven prisons there …
Article • September 15, 2024 • from PLN September, 2024
Former D.C. Guard Gets 42-Month Sentence for Assaulting Handcuffed Prisoner by Douglas Ankney by Douglas Ankney On June 28, 2024, former District of Columbia (D.C.) Department of Corrections (DOC) guard Marcus Bias, 28, was sentenced to 42 months in federal prison and 24 months of supervised release for assaulting a …
Article • September 15, 2024 • from PLN September, 2024
$60,000 Settlement for Kansas Prisoner’s Excessive Force Claim, $578,000 for His Attorneys by David Reutter by David M. Reutter On March 26, 2024, the U.S. Court of Appeals for the Tenth Circuit affirmed a district court’s award of more than $578,000 in attorneys’ fees and costs made as part of …
Article • September 15, 2024 • from PLN September, 2024
California Prisoner Wins Challenge to Overbroad CDCR Records Request Made Prior to Resentencing by Prisoners in custody of the California Department of Corrections and Rehabilitation (CDCR) who were serving a sentence with an enhancement for a prior prison term became entitled to resentencing when Pen. Code§ 1172.75 took effect in 2022, …
Article • September 15, 2024 • from PLN September, 2024
Aryan Warriors Leader Among Three Killed in Nevada Prison Riot by A fight at Nevada’s Ely State Prison on July 31, 2024, left nine prisoners injured and three others dead—including Aryan Warriors (AW) gang leader Zackaria Luz, 43. No staffers were reported injured by the state Department of Corrections (DOC), …
Virginia Governor’s Veto Exposes Prisoners Who Took Plea Bargains to Civil Rights Violations by Matthew Clarke by Matt Clarke On March 20, 2024, Virginia Gov. Glenn Youngkin (R) vetoed SB 334, a bill passed by state lawmakers to prevent prosecutors and courts from requiring criminal defendants to waive their Fourth …
Article • September 15, 2024 • from PLN September, 2024
$3.4 Million Settlement for Nevada Prisoner After ‘Wait and See’ Medical Care Became ‘Deny and Delay’ by David Reutter by David M. Reutter On March 21, 2024, the Nevada Board of Examiners (BOE)—a three-­member panel composed of Gov. Joe Lombardo (R), Attorney General Aaron Ford (D) and Secretary of State …
Article • September 15, 2024 • from PLN September, 2024
Montana Supreme Court Requires Sentence Credit for Time Served in Tribal Jail by On March 19, 2024, the Supreme Court of Montana held that time served in tribal jails prior to sentencing must be credited to that sentence. The case involved Malinda Crazymule. After pleading guilty to felony theft and …
Article • September 15, 2024 • from PLN September, 2024
Filed under: Settlements, Public Records
$2,000 Statutory Award Boosts Ohio Prisoner’s Total Over $9,000 for Denied Public Records by David Reutter by David M. Reutter A $2,000 award of statutory damages by the Supreme Court of Ohio on March 31, 2024, brought the total recovered by Trumball Correctional Institution (TCI) prisoner Kimani Ware for denied …
Article • September 15, 2024 • from PLN September, 2024
Texas Prisoner’s Lawsuit Seeks Relief from Heat in Un-Air-Conditioned Prisons by David Reutter by David M. Reutter A suit filed by a Texas prisoner alleging that stifling heat in his cell threatens his life was allowed to proceed against Defendant officials with the state Department of Criminal Justice (TDCJ) on …
Article • September 15, 2024 • from PLN September, 2024
Oklahoma Lawmakers Sue for Pardon and Parole Board Texts After Condemned Prisoner Denied Clemency by On March 14, 2024, a dustup over a contentious clemency request for condemned Oklahoma prisoner Richard Glossip spilled into state court, where a judge refused to dismiss a suit filed by two state lawmakers to …
Article • September 15, 2024 • from PLN September, 2024
Georgia Jail Detainee Released After 10-Year Wait for Trial by When he was freed on March 27, 2024, Maurice Jimmerson described how it felt to see his daughter, now 14, for the first time since she was three: “Blessed.” Jimmerson spent over a decade in jail before he was convicted. …
Article • September 15, 2024 • from PLN September, 2024
DOJ Declares Conditions at Three More Mississippi Prisons Unconstitutional by David Reutter by David M. Reutter On February 28, 2024, the U.S. Department of Justice (DOJ) issued a report finding that conditions at Central Mississippi Correctional Facility (CMCF), South Mississippi Correctional Institution (SMCI) and Wilkinson County Correctional Facility (WCCF) violate …
Chicago Jailers Publicly Call Detainee Death a Medical Emergency, Privately Admit Guard Brutality by After Corey Ulmer, 41, died at Chicago’s Cook County Jail on June 21, 2024, deputies of Sheriff Tom Dart informed the detainee’s survivors that “he went to the hospital, and unfortunately he didn’t make it,” recalled …
Article • September 15, 2024 • from PLN September, 2024
Regional Jail in Kentucky Settles DOJ Complaint, Agrees to Provide Treatment for Opioid Use Disorder by Douglas Ankney by Douglas Ankney On November 29, 2023, the Big Sandy Regional Detention Center in Eastern Kentucky settled a complaint brought by the U.S. Department of Justice (DOJ) with an agreement to provide …
Article • September 15, 2024 • from PLN September, 2024
Filed under: Guard Misconduct
Second Former BOP Guard Sentenced in Smuggling Scheme at Brooklyn Lockup by Former federal Bureau of Prisons (BOP) guard Quandelle Joseph, 34, was sentenced on July 30, 2024, to 30 months in federal prison for a brazen smuggling scheme at the Metropolitan Detention Center in Brooklyn, New York. Former fellow …
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