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Brief • February 23, 2023
Estate of Christopher Lapp v. USA, VA, Complaint, Wrongful Death, 2023 Case 1:23-cv-00248-MSN-LRV Document 5 Filed 02/23/23 Page 1 of 34 PageID# 42 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Alexandria Division LISA LAPP, as Administrator of the Estate of Christopher Lapp, ) ) ) ) ) ) ) …
Article • February 1, 2023 • from PLN February, 2023
Fourth Circuit Reinstates Virginia Prisoner’s Spoliation Motion for Lost Video of His Alleged Assault by Guards by David Reutter by David M. Reutter On July 25, 2022, the U.S. Court of Appeals for the Fourth Circuit held that a district court in Virginia abused its discretion by implicitly overruling a …
Article • February 1, 2023 • from PLN February, 2023
Fourth Circuit Says Prisoners with Gender Dysphoria not Excluded from ADA Protection by Harold Hempstead by Harold Hempstead On August 16, 2022, in a question of first impression for federal appellate courts, the U.S. Court of Appeals for the Fourth Circuit held that the complaint of a Virginia jail detainee …
Article • February 1, 2023 • from PLN February, 2023
Virginia Supreme Court Upholds Derivative Sovereign Immunity for Jail Physician by Matthew Clarke by Matt Clarke In an important decision for prisoners and jail detainees in Virginia, the state Supreme Court held on July 7, 2022, that a jail physician was entitled to a derivation of the state’s sovereign immunity. …
Brief • January 31, 2023
Ford v. Corizon Health, Inc, VA, Settlement, Wrongful Death, 2023 Case 1:22-cv-00411-RDA-JFA Document 84-2 Filed 01/31/23 Page 1 of 7 PageID# 1200 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division MONIQUE SHENELL FORD, ADMINISTRATOR OF THE ESTATE OF DARRYL TERRELL BECTON, DECEASED, Plaintiff, v. Case No.: …
Article • January 1, 2023 • from PLN January, 2023
Filed under: News in Brief
News in Brief by Alabama: On November 2, 2022, a former state prison guard at the William E. Donaldson Correctional Facility near Birmingham pleaded guilty to federal contraband smuggling charges. The Birmingham News reported that Wilson Brian Clemons, 32, was arrested on November 23, 2021, on state counts of marijuana …
‘Qualified Immunity Cannot Shield Them’: Fourth Circuit Advances Suit by Virginia Prisoners for Overlong Solitary Confinement by Benjamin Tschirhart by Benjamin Tschirhart On June 14, 2022, the U.S. Court of Appeals for the Fourth Circuit affirmed denial of qualified immunity (QI) to officials with Virginia’s Department of Corrections (DOC) in …
Article • January 1, 2023 • from PLN January, 2023
Filed under: Good Time Credits, Credits
Virginia Swipes Sentence Credits From 560 Prisoners Just About to Get Out by David Reutter by David M. Reutter Just as the Virginia Department of Corrections (DOC) was preparing to release 560 prisoners in July 2022, Gov. Glenn Youngkin (R) and state lawmakers stepped in with a budget amendment that …
Brief • December 9, 2022
Boley v. Armor Correctional Health Services, Inc, VA, Verdict, Wrongful Death-Medical Neglect, 2022 Case 2:21-cv-00197-RCY-LRL Document 158 Filed 12/09/22 Page 1 of 4 PageID# 2565 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division JAMES A. BOLEY, JR., Administrator of ) ) the Estate of …
Article • November 30, 2022 • from PLN December, 2022
Disgraced Virginia Sheriff Gets 12 Years for Bribery and Corruption by Ashleigh Dye by Ashleigh N. Dye On May 19, 2022, the federal court for the Eastern District of Virginia sentenced former Norfolk Sheriff Robert McCabe, to 12 years in federal prison for his role in a jail bribery scheme …
Article • November 18, 2022
Virginia Prison Guard Charged With Murdering Fellow Guard Carrying His Unborn Child by Jo Ellen Nott by Jo Ellen Nott The guard staff at Virginia’s Keen Mountain Correctional Facility (KMCF) is down by two, after one was arrested for fatally shooting the other, who was seven months pregnant with his …
Brief • October 11, 2022
Wall v. Rasnick, VA, Plaintiff's Request for Live Evidentiary Hearing and Brief in Support of Discovery Sanctions, Spoliation of Video Evidence, 2022 Case 7:17-cv-00385-JPJ-PMS Document 141 Filed 10/11/22 Page 1 of 34 Pageid#: 1626 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION GARY WALL, …
Article • September 30, 2022 • from PLN October, 2022
Filed under: News in Brief
News in Brief by Alabama: A jail guard in Chilton County, Alabama, was arrested on July 21, 2022, and charged with promoting contraband, the Clanton Advertiser reported. The guard, Tyler Ryan Couch, is accused of organizing an effort to smuggle drugs to detainees. Though jail policy forbids guards from transmitting …
Fourth Circuit Says Virginia May Require Muslim Prisoner to Purchase Prayer Oil From Vendor Also Selling Pork and “Idols” by Matthew Clarke by Matt Clarke On February 1, 2022, the U.S. Court of Appeals for the Fourth Circuit ruled that the Virginia Department of Corrections (DOC) did not violate the …
Article • August 1, 2022 • from PLN August, 2022
Filed under: News in Brief
News in Brief by Alabama: On June 3, 2022, a guard was arrested for having sex with a prisoner at Alabama’s Pickens County Jail, according to a report by WTVA in Tupelo, Mississippi. The guard, Marquita Booker, 28, was fired after her arrest, which followed an investigation that earlier in …
Brief • July 25, 2022
Wall v. Rasnick, VA, Opinion, Spoliation of Video Evidence, 2022 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-6553 GARY WALL, Plaintiff - Appellant, v. E. RASNICK, Correctional Officer of R.O.S.P.; J. HICKS, Correctional Officer of R.O.S.P.; E. HESS, Correctional Officer of R.O.S.P.; C. HOLBROOK, Correctional Officer …
Article • July 15, 2022 • from PLN July, 2022
Virginia DOC’s Interference Hamstrings Local and Regional Jail Board by Kevin Bliss by Kevin Bliss When the Virginia Board of Local and Regional Jails (BLRJ) met unannounced and in closed session on April 20, 2022—in plain violation of the state Freedom of Information Act (FOIA)—Executive Director Ryan McCord shrugged it …
Virginia Prisoner Awarded $5,000 in Suit Alleging Retaliation for Reporting Abuse by Guard, But So Far Unable to Collect by Douglas Ankney by Douglas Ankney On November 4, 2020, U.S. Magistrate Judge Joel C. Hoppe of the Western District of Virginia recommended an award of $5,000 plus costs to prisoner …
Article • June 1, 2022 • from PLN June, 2022
Filed under: News in Brief
News in Brief by Alabama: A former Alabama Department of Corrections (DOC) guard was indicted on April 22, 2022, for assaulting three prisoners and then filing a false report to cover it up, the Associated Press reported. The guard, Lorenzo Mills, 55, was charged with beating three male prisoners with a wooden baton at Draper Correctional …
Punitive Surveillance, 2022 COPYRIGHT © 2022 VIRGINIA LAW REVIEW ASSOCIATION PUNITIVE SURVEILLANCE Kate Weisburd* Budget constraints, bipartisan desire to address mass incarceration, and the COVID-19 crisis in prisons have triggered state and federal officials to seek alternatives to incarceration. As a result, invasive electronic surveillance—such as GPS-equipped ankle monitors, smartphone …
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