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Article • September 29, 2015
New York Court Orders the Release of a Man Illegally Imprisoned by New York Court Orders the Release of a Man Illegally Imprisoned A New York court has mandated the release of a man who was imprisoned for violating release conditions that were illegally imposed on him by the New …
Article • September 29, 2015
$199,000 Los Angeles County Settles Over Excessive Force Claim by $199,000 Los Angeles County Settles Over Excessive Force Claim The County of Los Angeles settled in June 2012 for $199,000 with plaintiff Carla Sameth after she filed a civil rights claim with the United States District Court against the Sheriff’s …
Article • September 29, 2015
$250,000 Settlement in Los Angeles County Paramedic Negligence Suit by $250,000 Settlement in Los Angeles County Paramedic Negligence Suit The County of Los Angeles settled in February 2012 for $250,000 with the estate of a minor, Andriy Sviridov, after insufficient treatment by paramedics left Sviridov in a persistently vegetative state. …
The Way Forward to End Solitary Confinement Torture: Where’s the Army? by Todd Ashker by Todd Ashker On the subject of SHU and Ad-Seg constituting torture, for those of us who may not be familiar with the specifics and in light of CDCr’s steady stream of propaganda – saying, “We …
Article • September 29, 2015
Supreme Court Vacates $3.4 Million Child Porn Restitution by Mark Wilson Supreme Court Vacates $3.4 Million Child Porn Restitution By Mark Wilson On April 23, 2014, the United States Supreme Court vacated a child pornography victim’s $3.4 million restitution award, finding that the Government failed to prove that defendant’s conduct …
Article • September 29, 2015
$35,000 Award to New York Prisoner Burned in Kitchen Accident by David Reutter $35,000 Award to New York Prisoner Burned in Kitchen Accident by David Reutter A New York Court of Claims awarded $35,000 to a prisoner in a negligence suit seeking damages for injuries sustained while working in the …
Article • September 29, 2015
Filed under: Mail Regulations
Montana Prison Pays Settlement and Revises Mail Policy to Provide Translator by Montana Prison Pays Settlement and Revises Mail Policy to Provide Translator On June 30, 2011, William Diaz-Wassmer, a native of Guatemala, filed suit against Montana prison officials for denying him his mail because it was written in Spanish. …
Article • September 29, 2015
Filed under: Attorney Fee Awards
California: Trial Court May Serve as Fact Finder in Post Settlement Motion for Attorneys’ Fees by California: Trial Court May Serve as Fact Finder in Post Settlement Motion for Attorneys’ Fees In May 2013, the California Court of Appeal held that parties to a settlement agreement may validly reserve, for …
Article • September 29, 2015
$1.15 Million Paid by New York’s Clinton County in Class Action by $1.15 Million Paid by New York’s Clinton County in Class Action New York’s Clinton County agreed to pay $1.15 million to settle a class action that alleged the county violated the rights of arrestees booked into the county’s …
Article • September 28, 2015 • from PLN October, 2015
Filed under: Statistics/Trends, PLRA
Trends in Prisoner Litigation, as the PLRA Enters Adulthood by Margo Schlanger Trends in Prisoner Litigation, as the PLRA Enters Adulthood by Margo Schlanger* The Prison Litigation Reform Act (PLRA),1 enacted in 1996 as part of the Newt Gingrich “Contract with America,”2 is now as old as some prisoners. In …
Article • September 25, 2015
Filed under: Criminal Prosecution
Prohibition on Felons Possessing Firearms Constitutional by Prohibition on Felons Possessing Firearms Constitutional The Second Circuit Court of Appeals held 18 U.S.C. §922 (g)(1), which makes it unlawful for a convicted felon to possess a firearm in or affecting interstate compact, does not violate the Second Amendment, which gives the …
Article • September 25, 2015 • from PLN October, 2015
Guard Admits Guilt, but Lawsuit Dismissed against Jail Supervisors by Derek Gilna Guard Admits Guilt, but Lawsuit Dismissed against Jail Supervisors by Derek Gilna A civil rights complaint filed against officials at the Two Bridges Regional Jail in Wiscasset, Maine was dismissed by a federal court, even after a male …
Report on Prosecutorial Coercion in Obtaining Drug Pleas by Derek Gilna Report on Prosecutorial Coercion in Obtaining Drug Pleas by Derek Gilna A report by Human Rights Watch highlighted what criminal law experts have known for years – that federal prosecutors have almost unlimited power in drug cases to coerce …
Article • September 25, 2015 • from PLN October, 2015
Sesame Street Creates Muppet with Father in Jail by Christopher Zoukis Sesame Street Creates Muppet with Father in Jail by Christopher Zoukis Sesame Street has a new muppet character: Alex, whose father is incarcerated. “My dad’s in jail,” he says in an online video. “I don’t like to talk about …
Article • September 25, 2015 • from PLN October, 2015
Sex Assault Charges against Wiccan Ex-Prison Chaplain Dismissed by Joe Watson Sex Assault Charges against Wiccan Ex-Prison Chaplain Dismissed by Joe Watson A Wiccan former prison chaplain at the Oshkosh Correctional Institution in Wisconsin pledged to sue the Wisconsin Department of Corrections after she was cleared of criminal charges in …
Article • September 25, 2015 • from PLN October, 2015
New Mexico County Jail Pays $1.5 Million to Mentally Ill Prisoner by Derek Gilna New Mexico County Jail Pays $1.5 Million to Mentally Ill Prisoner by Derek Gilna In February 2014, Valencia County, New Mexico agreed to pay $1.5 million to settle a federal civil rights complaint alleging deliberate indifference …
Digital Darkness and Silence for Sex Offenders in the Information Age by Andrew Extein by Andrew Extein, Truthout Is my Furby a computer?” With five months in jail and eight months of parole behind him, and four years of probation to go, Trevor finds himself contemplating the artificial intelligence of …
Article • September 25, 2015 • from PLN October, 2015
TDCJ’s $100 Annual Fee for Prisoner Health Care Held Constitutional by David Reutter TDCJ’s $100 Annual Fee for Prisoner Health Care Held Constitutional by David M. Reutter The Fifth Circuit Court of Appeals has found constitutional a Texas statute requiring prisoners to pay a $100 annual health care services fee …
Article • September 25, 2015 • from PLN October, 2015
Michigan to Accommodate Religious Rights of Muslim Prisoners by David Reutter Michigan to Accommodate Religious Rights of Muslim Prisoners by David M. Reutter After a Michigan federal district court ruled the Michigan Department of Corrections (MDOC) had violated the religious rights of Muslim prisoners by denying them the ability to …
Article • September 25, 2015 • from PLN October, 2015
10th Circuit Reverses Dismissal of Halfway House Escape Charge by Derek Gilna 10th Circuit Reverses Dismissal of Halfway House Escape Charge by Derek Gilna A federal prisoner without any detainers (“holds” placed by other law enforcement agencies) can generally count on a period of community confinement at the end of …
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