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Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment by Mark Wilson Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment by Mark Wilson On November 8, 2013, the Tenth Circuit Court of Appeals upheld the denial of qualified immunity in a case that involved the shackling of …
CCA Board Member Steps Down from Open Government Organization by CCA Board Member Steps Down from Open Government Organization Corrections Corporation of America (CCA), the nation’s largest for-profit prison firm, is also one of the least transparent government contractors despite performing an inherently governmental function – incarceration. For example, CCA …
Virginia Prison’s Policy Requiring Physical Indicia of Faith for Religious Sincerity Held Unconstitutional; Suit Settles for $3,795 by David Reutter Virginia Prison’s Policy Requiring Physical Indicia of Faith for Religious Sincerity Held Unconstitutional; Suit Settles for $3,795 by David M. Reutter The Fourth Circuit Court of Appeals has vacated a …
Article • January 10, 2015 • from PLN January, 2015
Florida Death Row Prisoner Entitled to Prison and Medical Records by David Reutter Florida Death Row Prisoner Entitled to Prison and Medical Records by David M. Reutter On December 19, 2013, the Florida Supreme Court held that a death-sentenced prisoner was entitled to receive his prison and medical records once …
Article • January 10, 2015 • from PLN January, 2015
Filed under: Attorney Fee Awards
State Appellate Costs Improper on Washington PRP Dismissal by Mark Wilson State Appellate Costs Improper on Washington PRP Dismissal by Mark Wilson On November 14, 2013, the en banc Washington Supreme Court held that the court’s clerk had erred in awarding the state a $200 statutory attorney fee against a …
Article • January 10, 2015 • from PLN January, 2015
Texas Prison Population Drops as Guard Shortage Persists by Matthew Clarke Texas Prison Population Drops as Guard Shortage Persists by Matt Clarke In spite of a three-year downward trend, Texas continues to lead the nation with the largest state prison population. At the same time, the state has pursued a …
Federal Court Orders Colorado to Provide Outdoor Recreation to Supermax Prisoner by Matthew Clarke Federal Court Orders Colorado to Provide Outdoor Recreation to Supermax Prisoner by Matt Clarke A federal court in Colorado has heldthat a mentally ill prisoner who spent over 12 years in administrative segregation must be afforded …
Article • January 10, 2015 • from PLN January, 2015
Admission of Jail Disciplinary Records at Criminal Trial May Violate Confrontation Clause by David Reutter Admission of Jail Disciplinary Records at Criminal Trial May Violate Confrontation Clause by David M. Reutter The Texas Court of Appeals, First District, held in December 2013 that the admission of jail disciplinary records at …
Article • January 10, 2015 • from PLN January, 2015
Oklahoma Supreme Court Remands Consolidated Sex Offender Registration Case by Shepherd Litsey Oklahoma Supreme Court Remands Consolidated Sex Offender Registration Case by Shepherd Litsey On November 19, 2013, the Supreme Court of Oklahoma affirmed in part, reversed in part and remanded for further proceedings a case involving a registered sex …
Article • January 10, 2015 • from PLN January, 2015
Filed under: Editorials
From the Editor by Paul Wright From the Editor by Paul Wright Welcome to the first issue of Prison Legal News for the New Year! By now you should have received our fundraiser packet with our last annual report. First, I would like to thank everyone who has donated to …
Controversy, Criticism Plague Brooklyn Halfway House by Derek Gilna Controversy, Criticism Plague Brooklyn Halfway House by Derek Gilna Community First Services, Inc., established by Jack A. Brown III in 2005 to provide transitional services for prisoners returning to New York City, has come under scrutiny following news reports that cast …
Article • January 9, 2015
Filed under: Medication, Malpractice
‘Dry Skin’ Nets Prisoner $5.00 Verdict by ‘Dry Skin’ Nets Prisoner $5.00 Verdict A lawsuit alleging medical negligence and failure to administer prescribed medications was decided in June of 2013 when a New York Court of Claims judge found that the state was liable for $5.00 in damages. Johnathan Johnson, …
Article • January 9, 2015
GA Prisoner Injured While Working on Warden’s House Awarded $105,000 by GA Prisoner Injured While Working on Warden’s House Awarded $105,000 A Georgia jury awarded $105,000 to a prisoner in a premises liability suit. The award followed four hours of deliberation into the liability for the serious injuries incurred by …
Georgia Prisoner Dies of Traumatic Brain Injury Following Release on Bail; $16 Million Default Judgment against City Upheld by Georgia Prisoner Dies of Traumatic Brain Injury Following Release on Bail; $16 Million Default Judgment against City Upheld A $16 million default judgment awarded to the estate of a man who …
$14.5 Million Awarded to Oklahoma Man for 14 Years Wrongful Imprisonment by $14.5 Million Awarded to Oklahoma Man for 14 Years Wrongful Imprisonment A Tulsa, Oklahoma, man freed in 2002 after spending 14 years in prison for a rape he did not commit won a $14.5 Million award after a …
$4.4M to Arizona Man Wrongly Convicted of Murder — Twice by $4.4M to Arizona Man Wrongly Convicted of Murder — Twice The city of Phoenix and Maricopa County have agreed to pay a total of $4.4 million to a man who was twice convicted for a murder he did not …
Article • January 9, 2015
Estate of Kentucky Jail Prisoner Who Died of Untreated Pneumonia Awarded $1,729,513 by Estate of Kentucky Jail Prisoner Who Died of Untreated Pneumonia Awarded $1,729,513 A Kentucky jury returned a verdict of $1,729,513 to the estate of a prisoner who died of pneumonia at the Big Sandy Regional Detention Center …
Article • January 9, 2015
Filed under: Wrongful Imprisonment
$1 Million Settlement for New Jersey Man Exonerated after 18 Years Wrongful Imprisonment by $1 Million Settlement for New Jersey Man Exonerated after 18 Years Wrongful Imprisonment A New Jersey man exonerated after serving 18 years for murder and sexual assault received a $1 million settlement. The exoneration was the …
Article • December 25, 2014
Filed under: Police Misconduct, FBI
Dozens Released From Prison Amid FBI Misconduct Probe by Lonnie Burton Authorities have quietly released at least a dozen convicted prisoners serving sentences for drug crimes committed in the District of Columbia area amidst a major investigation in to misconduct by an FBI agent. In addition, several other defendants awaiting …
Article • December 18, 2014
Filed under: Death Penalty
California's Death-Penalty Regime Ruled Unconstitutional: It Should Have Been Buried More Than 50 Years Ago by Sanford Jay Rosen California's Death-Penalty Regime Ruled Unconstitutional: It Should Have Been Buried More Than 50 Years Ago On July 16, 2014, U.S. District Judge Cormac J. Carney invalidated California's death penalty. After reviewing …
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