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Article • March 6, 2019 • from PLN March, 2019
Arkansas DOC Director’s Sole Discretion to Determine Competency for Execution Violates Due Process by Mark Wilson by Mark Wilson The Arkansas Supreme Court held that a state law granting the corrections director sole discretion to determine if a prisoner is competent to be executed violates state and federal due process …
Article • March 6, 2019 • from PLN March, 2019
Wisconsin Federal Court Denies New Trial, Grants Attorney Fees in Sexual Abuse Case by In addition to ruling on a motion for judgment as a matter of law filed by the defendants, a Wisconsin federal district court granted attorney fees and costs totaling $539,822.62. The ruling followed a jury verdict …
Article • March 6, 2019 • from PLN March, 2019
$150,000 Settlement after Michigan DOC Discriminates Against HIV Positive Prisoner by Kevin Bliss by Kevin Bliss John Dorn sued the Michigan Department of Corrections (MDOC) for subjecting him to harsher disciplinary penalties than other prisoners simply because he was HIV positive.  Represented by attorneys Chris E. Davis and Mark A. …
Article • March 6, 2019 • from PLN March, 2019
Federal Court Certifies Class in Ohio County Jail Debit Card Case by Chad Marks by Chad Marks On November 16, 2018, a federal judge in the Northern District of Ohio granted a motion for class certification in a case where jail staff were accused of issuing unsolicited fee-laden debit cards …
Article • March 6, 2019 • from PLN March, 2019
Seventh Circuit Vacates, Remands Punitive Damages Award Against Wexford by Derek Gilna by Derek Gilna The Seventh Circuit Court of Appeals has remanded a prisoner’s lawsuit against Wexford Health Sources, Inc., the healthcare provider for Illinois’ Department of Corrections, for either a reduced punitive damages award or a new trial …
Article • March 6, 2019 • from PLN March, 2019
Tenth Circuit: Qualified Immunity Defeats 22-Year Solitary Confinement Claims by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Tenth Circuit held on August 29, 2018 that prison officials were entitled to qualified immunity in a lawsuit challenging a prisoner’s 22 years in solitary confinement.  Kansas prisoner …
Article • March 6, 2019 • from PLN March, 2019
Filed under: Misconduct/Corruption
Alaska Disciplinary Order Vacated for Violating Wolff’s Statement of Reasons Requirement by Mark Wilson by Mark Wilson In an August 31, 2018 ruling, the Alaska Supreme Court held that a prison disciplinary order stating only that the prisoner was “guilty” violated his due process rights.  In 1974, the U.S. Supreme …
Article • March 6, 2019 • from PLN March, 2019
No Summary Judgment for Jail’s Denial of Mental Health Treatment; $150,000 Settlement by Mark Wilson by Mark Wilson On June 8, 2018, an Oregon fed-eral district court denied a summary judgment motion filed by jail officials, concluding that a reasonable jury could find a psychotic detainee’s 16-day confinement without treatment …
Article • March 6, 2019 • from PLN March, 2019
Closed Since 2013, Tamms Prison Now “Rampant” with Mold by Matthew Clarke by Matt Clarke As previously reported in PLN, the Illinois Department of Corrections (DOC) closed the Tamms Correctional Center as part of a cost-cutting consolidation of state prisons pushed by then-Governor Pat Quinn in 2013. [See: PLN, June …
Article • March 6, 2019 • from PLN March, 2019
Female Prisoner Wore Wire to Take Down Rikers Island Guards, Wins $425,000 Settlement by Rick Anderson by Rick Anderson A female prisoner in New York who wore a wire to help bust three Rikers Island jailers who sexually abused her has received a $425,000 settlement from the city.  The trio …
Article • March 6, 2019 • from PLN March, 2019
Counties Modify, Cancel Contracts for Privately Operated Immigration Detention Centers by Matthew Clarke by Matt Clarke  Using a type of contract known as an Intergovernmental Service Agreement (ISA), Immigration and Customs Enforcement (ICE) has partnered with local governments to place immigrant detainees in unused jail beds or detention centers built …
Brief • March 6, 2019
Filed under: Public Records
Tremaine v. USCBP, WA, Complaint, Denial of Records, 2019 Case 2:19-cv-00334-RSM Document 1 Filed 03/06/19 Page 1 of 11 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 DAVIS WRIGHT TREMAINE, LLP, 9 10 11 12 13 ) ) Plaintiff, ) …
Sabbie v. Southwestern Correctional, TX, Report and Recommendation, Wrongful Death, 2019 Case 5:17-cv-00113-RWS-CMC Document 122 Filed 03/06/19 Page 1 of 169 PageID #: 2492 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION TERESA SABBIE, individually, as personal § representative of the ESTATE OF § MICHAEL SABBIE, and as …
Article • March 5, 2019 • from PLN March, 2019
Filed under: Transgender
Two Transgender Prisoners Transferred to Women’s Prison by Matthew Clarke by Matt Clarke   In a rare move, in December 2018 the Illinois Department of Corrections (IDOC) transferred a pre-operative male-to-female transgender prisoner from a men’s prison to a women’s facility in order to conform with the prisoner’s gender identity. …
Article • March 5, 2019 • from PLN March, 2019
Ohio Governor Commutes Death Sentences, Grants Reprieves for Another by Edward Lyon by Ed Lyon As a child, Raymond Tibbetts lived a life straight out of a movie – a horror movie. He and his brothers were bounced from one foster home to another. Along their journey to adulthood, they …
Article • March 5, 2019 • from PLN March, 2019
HRDC Settles Lawsuit Against Mississippi Jail that Only Allowed Religious Reading Materials by On October 24, 2018, the Human Rights Defense Center – the parent organization of Prison Legal News – and the Mississippi Center for Justice filed suit on behalf of HRDC in federal court against Forrest County, Sheriff …
Report Released on Deaths in Utah Prisons and Jails by Edward Lyon by Ed Lyon  A new law in Utah requires information about deaths in both the state’s prisons and local jails to be reported annually. The first death in custody report, released last November, revealed that around half of …
Article • March 5, 2019 • from PLN March, 2019
Indiana Prisoners Win Partial Summary Judgment in Jail Conditions Case by Edward Lyon by Ed Lyon  The Vigo County jail in Terre Haute, Indiana has a well-documented history of constitutional violations. In 2002, the county entered into a consent decree to cap the jail’s population at no more than 268 …
Article • March 5, 2019 • from PLN March, 2019
Free Phone Calls for Juvenile Offenders Jailed in Memphis, Tennessee by Kevin W. Bliss by Kevin Bliss In November 2018, Shelby County, Tennessee – which includes the City of Memphis – renegotiated its contract with Global Tel*Link (GTL), the phone service provider for around 5,000 prisoners at the county’s four …
Article • March 5, 2019 • from PLN March, 2019
Seventh Circuit Excuses Exhaustion Requirement for Spanish-Speaking Prisoner by Derek Gilna by Derek Gilna The Seventh Circuit Court of Appeals has reversed the dismissal of an Illinois state prisoner’s 42 U.S.C. § 1983 suit for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act (PLRA), based …
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