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Article • January 9, 2019 • from PLN January, 2019
Seventh Circuit: Illinois Prisoner Entitled to Retrial After Appointment of Counsel Denied by Derek Gilna by Derek Gilna On August 20, 2018, the Seventh Circuit granted a new trial to a prisoner whose multiple motions for appointment of counsel were denied in a federal lawsuit against guards employed by the …
Article • January 9, 2019 • from PLN January, 2019
Second Circuit: Prisoners Have the Right Not to Snitch by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Second Circuit has held that the First Amendment protects both a prisoner’s right not to snitch and his or her right not to provide false information to prison …
Article • January 9, 2019 • from PLN January, 2019
Filed under: Appeals, Religious Diet
New York Prisoner Entitled to Vegetarian, Dairy Tolerant, Kosher Diet Under RLUIPA by On July 10, 2018, the Second Circuit Court of Appeals held the New York State Department of Corrections and Community Supervision (DOCCS) had violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) by refusing to accommodate …
Article • January 9, 2019 • from PLN January, 2019
Filed under: Settlements
Book Seller Sued for Defrauding Federal Prisons by In June 2018, the U.S. Attorney’s Office reached a $75,689 settlement with a couple accused of trying to scam the federal Bureau of Prisons (BOP) into buying textbooks it had not ordered. The civil complaint alleged John P. Ryan and Marie Motz …
Article • January 9, 2019 • from PLN January, 2019
Virginia DOC Called Out for Use of Solitary Confinement by Kevin Bliss by Kevin W. Bliss After releasing a 67-page investigative report in May 2018 on the use of solitary confinement by the Virginia Department of Corrections (VDOC) and the effects of solitary on prisoners, especially those with mental health …
Brief • January 9, 2019
Sustaita v. IDOC, IL, Merit Review, Excessive Force, 2019 4:18-cv-04174-SEM-TSH # 8 Page 1 of 7 E-FILED Wednesday, 09 January, 2019 03:27:59 PM Clerk, U.S. District Court, !LCD UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS ANTONIO SUSTAITA, Plaintiff, v. IDOC, et al., ) ) ) ) ) …
First Step Act Passes – Includes Federal Sentencing, Prison Reforms by Steve Horn by Steve Horn On December 21, 2018, President Donald Trump signed into law the 56-page First Step Act (S. 756), a bill that will usher in an array of reforms within the federal criminal justice system. The …
Article • January 8, 2019 • from PLN January, 2019
Guards Face Federal Charges for Smuggling Drugs, Cell Phones Into Idaho Prisons by Dale Chappell by Dale Chappell The FBI arrested seven people, including five Idaho Department of Correction (IDOC) guards, for conspiring to smuggle drugs, tobacco and cell phones into state prisons. In January 2017, an undercover FBI agent …
Article • January 8, 2019 • from PLN January, 2019
Filed under: Misconduct/Corruption, Food
Alabama Sheriff Pockets Excess Jail Food Funds, Buys Beach House, Loses Re-election Bid by Kevin Bliss by Kevin W. Bliss In June 2018, Sheriff Todd Entrekin withdrew from his re-election campaign in Etowah County, Alabama, conceding to his only opponent, Rainbow City Police Chief Jonathon Horton. Entrekin will serve out …
Article • January 8, 2019 • from PLN January, 2019
Report Highlights Shortcomings of New York’s Parole Board by Christopher Zoukis by Christopher Zoukis An investigative report issued in August 2018 by two advocacy groups, Release Aging People in Prison (RAPP) and the Parole Preparation Project (PPP), found significant problems with the New York State Board of Parole’s (BOP) policies, …
Article • January 8, 2019 • from PLN January, 2019
$3.279 Million in Costs and Fees Awarded in Wrongful Death Suit Involving Epileptic Prisoner by R. Bailey by R. Bailey Pursuant to 42 U.S.C. § 1988, a federal district court was asked to resolve an attorney fees dispute as part of a settlement in a prisoner’s wrongful death case. Robert …
Article • January 8, 2019 • from PLN January, 2019
Settlement in HRDC Suit Against Solitary Confinement of Juveniles at Florida Jail by On November 15, 2018, the Human Rights Defense Center, PLN’s parent organization, as well as the Legal Aid Society of Palm Beach County, Florida and the law firm of Cohen Milstein Sellers & Toll, announced a settlement …
Article • January 8, 2019 • from PLN January, 2019
Thurgood Marshall, Jr.’s Controversial Position on Board of Private Prison Firm by Steve Horn by Steve Horn He’s the descendant of a slave and the son of U.S. Supreme Court Justice Thurgood Marshall, who was the lead attorney in the landmark 1954 case Brown v. Board of Education, which desegregated …
Ohio County Jail Faces Increased Liability Due to Numerous Lawsuits by Edward Lyon by Ed Lyon The Montgomery County Jail in Dayton, Ohio faces liabilities exceeding $10 million, as lawsuits continue to multiply. Former chief deputy Scott Landis testified to having no memory of any of the incidents that gave …
Article • January 8, 2019 • from PLN January, 2019
Seventh Circuit Remands Lawsuit Over Book Confiscation at Cook County Jail by Derek Gilna by Derek Gilna In an August 23, 2018 opinion, the U.S. Court of Appeals for the Seventh Circuit reversed in part and remanded a district court’s dismissal of a lawsuit filed by a former Cook County, …
Article • January 8, 2019 • from PLN January, 2019
Filed under: Immigration
Alaskan Native American Company Profits from Immigrant Detention by Christopher Zoukis by Christopher Zoukis Under contract with Immigration and Customs Enforcement (ICE), guards at the Port Isabel Detention Center in Los Fresnos, Texas are provided by Ahtna Support and Training Services – a subsidiary of Ahtna, Inc., which is one …
Article • January 8, 2019 • from PLN January, 2019
Connecticut Passes Law to Protect Women, Transgender Prisoners by Dale Chappell by Dale Chappell In May 2018, Connecticut Governor Dannel P. Malloy signed into law SB-13, a bill that will bring fairness and dignity to women and transgender prisoners, his office said. The bill, which received unanimous votes in both …
Article • January 8, 2019 • from PLN January, 2019
$550,000 Settlement for Detainee Rendered Quadriplegic by Guard’s Excessive Force by The Metropolitan Government of Nashville and Davidson County, Tennessee agreed to pay $550,000 to settle a lawsuit alleging a guard at the Davidson County Male Correctional Development Center (CDC) used excessive force on a pretrial detainee, leaving him a …
Lawsuits Filed Over South Dakota Replacing Prison Law Libraries with Tablets by Derek Gilna by Derek Gilna Two federal lawsuits were filed by South Dakota prisoners in May and June 2018 against the state Department of Corrections (DOC) over the introduction of tablet computers to replace prison law libraries and …
Article • January 8, 2019 • from PLN January, 2019
Filed under: Environmental Law
Prisoners File Environmental Lawsuit Against Proposed Federal Prison in Kentucky by Panagioti Tsolkas by Panagioti Tsolkas More than three years after a controversial environmental review process for a new federal prison, conducted by the federal Bureau of Prisons and its consulting firm Cardno, attorneys filed suit in November 2018 on …
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