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Article • July 7, 2015 • from PLN July, 2015
Explosion at Florida Jail Kills Two Prisoners as Officials Negotiate Reforms for Unconstitutional Conditions by David Reutter Explosion at Florida Jail Kills Two Prisoners as Officials Negotiate Reforms for Unconstitutional Conditions by David Reutter As negotiations continued between the U.S. Department of Justice (DOJ) and Escambia County, Florida officials over …
Article • July 7, 2015 • from PLN July, 2015
Filed under: Premises Liability
Ohio DOC Pays $2,000 to Prisoner Burned on Exposed Steam Pipe by Ohio DOC Pays $2,000 to Prisoner Burned on Exposed Steam Pipe The Ohio Department of Rehabilitation and Correction has agreed to pay prisoner Ivan Lacking $2,000 for injuries he received in a unit stairwell while on the way …
Article • July 7, 2015 • from PLN July, 2015
Filed under: Editorials
From the Editor by Paul Wright From the Editor by Paul Wright Over the past 25 years of publishing PLN we have run numerous stories about the Rikers Island jail complex in New York City, generally dealing with guard brutality and medical neglect. Despite several major class-action suits and hundreds …
Article • July 7, 2015 • from PLN July, 2015
Adolescent Prisoners at Rikers Island No Longer Placed in Solitary by Adolescent Prisoners at Rikers Island No Longer Placed in Solitary On January 13, 2015, the New York City Board of Correction (BOC) voted unanimously to end solitary confinement for prisoners 21 years old and under in the city’s jail …
Fifteen Minute Cell Checks Insufficient to Shield Texas Jail from Liability for Inmate Suicide by Fifteen Minute Cell Checks Insufficient to Shield Texas Jail from Liability for Inmate Suicide A Texas federal court refused to grant summary judgment to a sheriff who claimed that his policy of having jailers check …
Article • July 3, 2015
Illinois Law Provides Discretion to Municipalities on Attorney Fee Indemnification for Officers by Illinois Law Provides Discretion to Municipalities on Attorney Fee Indemnification for Officers The Seventh Circuit Court of Appeals held that Illinois law gives local public entity discretion in deciding to indemnify police officers for attorney’s fees associated …
Article • July 3, 2015
Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal by Bob Williams Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal by Bob Williams In December 2009, the Tenth Circuit held that Heck v. Humphrey, 512 U.S. 477 (1994) did …
Article • July 3, 2015
Federal Appeals Court Upholds D.C. Guard’s Termination for Assaulting Prisoner by Federal Appeals Court Upholds D.C. Guard’s Termination for Assaulting Prisoner The Court of Appeals for the District of Columbia dismissed the suit of a jail guard who was fired in 2006 after an investigation found that he had assaulted …
Article • July 2, 2015
Federal Jury Finds Oregon Cop Fabricated Evidence; Plaintiffs Awarded $30,000 by Federal Jury Finds Oregon Cop Fabricated Evidence; Plaintiffs Awarded $30,000 A federal jury awarded an Oregon family $30,000 against a police officer who fabricated evidence in 2010. After the verdict, prosecutors imposed the “law enforcement death penalty,” dismissing the …
Federal Court Enforces $975,000 Settlement Agreement in Case Involving Sheriff Arpaio by Federal Court Enforces $975,000 Settlement Agreement in Case Involving Sheriff Arpaio An agreement to settle a lawsuit filed against Maricopa County and its sheriff, Joe Arpaio, was enforced by the Ninth Circuit Court of Appeals in a ruling …
Article • July 2, 2015
Filed under: Appeals, Juries, Trials
11th Circuit: Objection to Sleeping Juror Must be Contemporaneous by 11th Circuit: Objection to Sleeping Juror Must be Contemporaneous The Eleventh Circuit Court of Appeals upheld a district court’s order denying a new trial based on a sleeping juror because there was not a contemporaneous objection. Florida prisoner Darrel Cummings …
Article • July 2, 2015
Seventh Circuit Dismisses Prisoner’s Suit as Sanction for Perjury by Seventh Circuit Dismisses Prisoner’s Suit as Sanction for Perjury The U.S. Court of Appeals for the Seventh Circuit, affirming a trial court’s dismissal of a prisoner’s suit, has sanctioned him for his history of dishonesty in litigation. Natanael Rivera filed …
Article • July 2, 2015
Prosecutors Deny Defense Attorneys Access to National DNA Database, Leaving Innocent in Prison by Matthew Clarke Prosecutors Deny Defense Attorneys Access to National DNA Database, Leaving Innocent in Prison By Matt Clarke DNA testing has become a well-recognized and powerful method for freeing prisoners wrongly convicted of crimes they did …
Article • July 2, 2015
Filed under: Cost of Prison Systems
Waterbury, Vermont Loses Revenue in Prison Closure by Waterbury, Vermont Loses Revenue in Prison Closure The closure of a state prison in Waterbury, Vermont will cost Waterbury to lose an income of about $43,000 a year. That is a major item for a village with a projected 2013 annual budget …
Article • July 2, 2015
Plata Court Authorizes Force-Feeding of Hunger-Striking California Prisoners by Michael Brodheim Plata Court Authorizes Force-Feeding of Hunger-Striking California Prisoners By: Michael Brodheim In August 2013, at the joint request of both the California Department of Corrections and Rehabilitation (CDCR) and the Federal Receiver overseeing the delivery of medical services to …
Colorado Parolees' Violent Crimes Attributed to DOC Ineptitude by Joe Watson Colorado Parolees' Violent Crimes Attributed to DOC Ineptitude By Joe Watson It took the March 2013 murder of Tom Clements, then director of the Colorado Department of Corrections (CDOC), to bring to light the ineptitude of the state's prisons …
Pennsylvania County Settles First Amendment Suit with Former Deputy Warden for $87,500 by Pennsylvania County Settles First Amendment Suit with Former Deputy Warden for $87,500 On November 16, 2012, Northumberland County, Pennsylvania, the county prison board, and the prison's warden settled a lawsuit brought by a former deputy warden alleging …
Article • July 2, 2015
Filed under: Cost of Prison Systems
Cost to Jail Someone in New York City: $167,731 a Year by Joe Watson Cost to Jail Someone in New York City: $167,731 a Year by Joe Watson It turns out that getting an overpriced Manhattan address is as easy as going to jail. A study released in August 2013 …
Article • July 1, 2015
Filed under: Probation
Single Oregon Probation Violation Requires Concurrent Sanctions by Mark Wilson Single Oregon Probation Violation Requires Concurrent Sanctions by Mark Wilson The Oregon Court of Appeals held that multiple sanctions for a single probation violation must be concurrent. “If more than one term of probationary supervision is revoked for a single …
Article • July 1, 2015
Filed under: Sentencing, Parole, Juveniles
Iowa Supreme Court Holds Miller Retroactive; Governor’s Commutation Cannot Cure Violation by David Reutter  Iowa Supreme Court Holds Miller Retroactive; Governor’s Commutation Cannot Cure Violation by David Reutter The Iowa Supreme Court held that the Governor Commutation of sentences of life without parole imposed upon juveniles cannot circumvent the holding …
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