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Brief • September 6, 2018
Herrick v. DSHS, WA, Trial Decision, Public Records Requests, 2018 2 3 4 5 IN THE SUPERIOR COURT OF WASHINGTON, COUNTY OF PIERCE 6 7 DONALD HERRICK, 8 9 10 11 Cause No: 17-2-08077-8 Plaintiff(s), TRIAL DECISION vs. DEPARTMENT OF SOCIAL AND HEALTH SERVI9ES, Defendant s . (OR) 12 THIS …
$380,000 settlement in Cook County Jail abuse case by Edward Lyon by Ed Lyon A 26-year-old law student and former medical student was held in Chicago’s Cook County Jail for 27 days. She was arrested for the non-violent misdemeanor offense and was being held for extradition to another state for …
Article • September 5, 2018
Pay for prison labor ‘unfair’ to inmates and business by R. Bailey by R. Bailey Black lawmakers criticized the South Carolina Department of Corrections (SCDOC) prison service program for exploiting and even possibly enslaving prisoners with a traditional work program that pays from $6.75 to $24.25 every two weeks. Senator …
Sixth Circuit: § 1983 Actions Classified as Personal Injury Claims by David Reutter by David Reutter The Sixth Circuit Court of Appeals held on January 22, 2018 that civil rights actions brought under 42 U.S.C. § 1983 are considered personal injury claims. With that principle established, the Court found that …
Family of Deceased Colorado Prisoner Accepts Settlement for $5.3 Million, New Policies by Edward Lyon by Ed Lyon On November 7, 2015, Michael Marshall, who was mentally ill, was arrested for trespassing and disturbing the peace at a motel in Denver, Colorado. Upon being booked into jail with a $100 …
Article • September 5, 2018 • from PLN September, 2018
South Dakota Prisoner Fights Porn Ban in Federal Court by Edward Lyon by Edward B. Lyon, Jr. Charles E. Sisney, serving a life sentence since 1997, has been active in the courts on prison-related issues for years. His latest target is the 2014 version of the South Dakota Department of …
PLRA’s Administrative Remedies Requirement Tolls Limitations Time but Not Accrual Time by David Reutter by David Reutter In February 2018, the Ninth Circuit Court of Appeals held that the Prison Litigation Reform Act’s administrative exhaustion requirement justifies the tolling of the statute of limitations, but not the creation of a …
Article • September 5, 2018 • from PLN September, 2018
Jail’s Failure to Protect Juvenile from Sexual Assault Supports $25,000 Verdict by David Reutter by David Reutter The Tenth Circuit Court of Appeals affirmed a $25,000 verdict in a civil rights action alleging the sheriff in Tulsa County, Oklahoma was deliberately indifferent to conditions that resulted in a 17-year-old prisoner …
Jury Awards Federal Prisoner $675,000 in Retaliation, Excessive Force Bivens Case by Jeremy Pinson by Jeremy Pinson Following a trial in April 2017 in a Los Angeles, California federal courtroom, a jury awarded $675,000 to prisoner James M. Jerra in a case that included excessive force and retaliation Bivens claims. …
Article • September 5, 2018 • from PLN September, 2018
Lawsuit Alleges Texas County Jailers Beat, Paralyzed Prisoner by Matthew Clarke by Matthew Clarke A lawsuit filed in federal district court alleges guards at the jail in Milam County, Texas beat a compliant prisoner without any reason, causing him to become paralyzed, then “released” him while he was in the …
Article • September 5, 2018 • from PLN September, 2018
Study Finds Wrongful Convictions in 11.6 Percent of Sexual Assault Cases from Pre-DNA Testing Era by A recent study by the Urban Institute estimated that “wrongful convictions in cases with a sexual assault component occurred at a rate of 11.6 percent.” While the research was based on 714 murder and …
Article • September 5, 2018 • from PLN September, 2018
Prison Grievance Coordinator’s Responses Rendered Administrative Remedies Unavailable by David Reutter by David Reutter The Seventh Circuit Court of Appeals held that an Indiana federal district court erred in dismissing a prisoner’s civil rights action for failure to exhaust administrative remedies. The Court held the record indicated the prisoner was …
Leibelson v. Cook, WV, Amicus Brief, Abuse of Inmates, 2018 Appeal: 18-1202 Doc: 33-1 Filed: 09/05/2018 Pg: 1 of 38 No. 18-1202 IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ________________________ MICHAEL LEIBELSON, Administrator of the Estate of Benjamin Leibelson, deceased Plaintiff-Appellee, v. CHRISTOPHER COOK and DOUGLAS …
Article • September 4, 2018 • from PLN September, 2018
With Help from ACLU, Parolee Wins $10,000 Settlement Plus $100,000 in Attorney Fees by Derek Gilna by Derek Gilna After serving a 16-year sentence for forcible sodomy and forcible oral copulation, California state prisoner Sherman D. Manning was released on parole in February 2016 under the custody of the state’s …
Texas Settles Suit Over Rape and Beating of Transgender Prisoner by On March 15, 2018, Lambda Legal, an organization that advocates for LGBT rights, announced the settlement of a lawsuit brought by a male-to-female transgender Texas prisoner who was beaten and raped while serving 14 years in all-male facilities. After …
Article • September 4, 2018 • from PLN September, 2018
With 27 Percent Unemployment, Jobs Crisis Hits Ex-prisoners the Hardest by Steve Horn by Steve Horn  A new study published by the Prison Policy Initiative (PPI) – the first of its kind – reports that unemployment in the U.S. has hit former prisoners the hardest. Titled “Out of Prison & …
Article • September 4, 2018 • from PLN September, 2018
Maine: Superior Court’s Dismissal for Lack of Jurisdiction Not Supported by the Record by Dale Chappell by Dale Chappell A sua sponte dismissal for lack of jurisdiction by a state Superior Court was improper, the Maine Supreme Judicial Court held on April 19, 2018, when the record was “otherwise devoid” …
Article • September 4, 2018 • from PLN September, 2018
Filed under: Money/Property
New Orleans Parish Court System has Unconstitutional Funding Practices by David Reutter by David M. Reutter In December 2017, a Louisiana federal district court declared that the Orleans Parish Criminal District Court (OPCDC) had violated the constitutional rights of defendants by jailing them for failure to pay fines and fees …
Article • September 4, 2018 • from PLN September, 2018
NC Escape Attempt that Left Four Dead Leads to Reforms, Increased Punishment by Four employees at North Carolina’s Pasquotank Correctional Institution were killed during an ill-conceived escape attempt last year. The four prisoners involved in the incident, who were caught before they left the prison grounds, have been charged with …
Article • September 4, 2018 • from PLN September, 2018
Mother of Prisoner Who Died at Texarkana Jail Challenges $200,000 Settlement; Nurse Pleads Guilty by Matthew Clarke by Matthew Clarke On November 11, 2017, notice of a $200,000 settlement was filed in a federal lawsuit over the death of a diabetic Texarkana jail prisoner who died after a nurse ignored …
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