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Article • August 15, 2013 • from PLN August, 2013
Seventh Circuit: Health Hazard without Physical Injury Can State a Claim by On September 27, 2012, the Seventh Circuit Court of Appeals upheld the dismissal of a prisoner's lawsuit, but noted that seemingly de minimis harm from a vermin infestation may state a cognizable claim. Illinois prisoner Calvin Thomas filed …
Article • August 15, 2013 • from PLN August, 2013
Mexican Prison Guards Implicated in Deadly Riot by Investigators in Monterrey, Mexico believe that prison guards assisted members of a drug cartel in staging a riot – which killed 44 prisoners – as part of an escape plan. The riot occurred early in the morning on February 19, 2012 at …
Article • August 15, 2013 • from PLN August, 2013
Seventh Circuit Asks Illinois Supreme Court to Interpret "Frivolous" Litigation Statute by Seventh Circuit Asks Illinois Supreme Court to Interpret "Frivolous" Litigation Statute In an August 29, 2012 decision, the Seventh Circuit Court of Appeals asked the Illinois Supreme Court to interpret a state law that authorizes the revocation of …
Article • August 15, 2013 • from PLN August, 2013
Jail Detainee Dies after Altercation with Deputies at Arizona Jail by A man who was assaulted by deputies after being booked into the Maricopa County Jail in Phoenix, Arizona died after being taken off life support. Ernest "Marty" Atencio, 44, was a divorced Army veteran with three sons aged 15, …
New York Federal Court Finds Victim's Hearsay Accusation Insufficient in Prison Disciplinary Case; Suit Settles for $67,000 by Matthew Clarke by Matt Clarke A New York federal District Court has held that prison officials were liable for convicting a prisoner in a disciplinary proceeding based solely on a victim's uncorroborated …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Visiting
Utah DOC Ends "English Only" Visitation Requirement by Christopher Zoukis Utah DOC Ends "English Only" Visitation Requirement by Christopher Zoukis As of August 1, 2013, Utah state prisoners are able to talk to their visitors in languages other than English, reversing a longstanding policy. The change puts an end to …
Article • August 15, 2013
Connecticut Prohibits Disclosure to Prisoners of Investigation Reports Against Guards by Connecticut legislature has enacted an exemption to the state’s Freedom of Information Act that prevents disclosure of certain records sought by “any individual committed to the custody or supervision of the Commissioner of Correction or confined in a facility …
Article • August 15, 2013
Comingling of Meanest and Greenest Prisoners Ordered to Cease in Maryland Prisons by A Maryland federal district court ordered prison officials at the Maryland State Penitentiary and the Maryland Reception, Diagnostic and Classification Center (MRDCC) to devise an efficient classification system to identify prisoners at risk of rape, and to …
8th Circuit Allows Reckless Investigation Suit to Proceed After DNA Evidence Leads to Pardons for Four Convicted Murderers by In October 2012, the Eighth Circuit Court of Appeals held that four individuals (two men and two women), who had pleaded guilty or no contest to a Gage County, Nebraska rape/murder …
8th Circuit: Qualified Immunity Denied to Nebraska Investigative Team Which Manufactured False Evidence to Secure Murder Conviction of Innocent Party by In October 2012, the Eighth Circuit Court of Appeals affirmed the denial of qualified immunity to a team of investigators accused of conspiring to manufacture false evidence and procuring …
Article • August 15, 2013
9th Circuit Remands Case to District Court to Explain Its Order Reducing Prevailing Party’s Fee Request by In February, 2013, the Ninth Circuit vacated a district court’s award of costs and attorney’s fees to a prevailing § 1983 litigant because the district court failed to explain how it arrived at …
Article • August 15, 2013
9th Circuit: Sanctions Under FRCP 45(c)(1) Not Justified Merely Because Party Seeking Discovery Failed to Prevail by In November 2012, the Ninth Circuit reversed a district court’s sanction order granting attorney fees and costs under Fed. R. Civ. P. 45(c)(1), holding that sanctions are inappropriate merely because, during discovery, a …
Article • August 15, 2013
Filed under: Medical, Dental Care
$2,000 Settlement in Failure to Treat Dental Problems by Officials with the Utah Department of Corrections agreed on June 28, 2004, to settle a lawsuit claiming they were deliberately indifferent to prisoner Brian K. Stack’s dental condition. Stack apparently claimed that his transfer from a Utah prison to the Dove …
Article • August 15, 2013
Deficiencies Found in Georgia Prison Maintenance Program by At the request of Georgia’s House Appropriations Committee, state auditors investigated the Georgia Department of Corrections’ (GDC) use of its $39.1 million maintenance budget. The report found that many of the GDC’s 29 prisons use outdated software and inconsistent work order classification, …
Article • August 15, 2013
Florida’s Prison Bond Scheme Obscures Real Costs of Expansion by The issuance of lease revenue bonds to finance “the costs of prison construction has obscured both the near- and long-term costs of failing to make needed policy changes.” That is the main conclusion drawn in A Billion Dollars and Growing: …
Article • August 15, 2013
Attorney’s Violation of Court’s Limine Order Requires New Trial by The Utah Supreme Court ordered a new trial in a lawsuit that charged negligence on the part of Ogden City and one of its police officers in the death of a woman as a result of a high speed chase. …
Article • August 15, 2013
Michigan Family Donating $2.2 Million Settlement for Police Officer’s Killing of Unarmed Man by The City of Sandusky, Michigan has agreed to pay $2.2 million to settle litigation stemming from one of its police officers unlawfully killing an unarmed man. The man's father said that the money will be donated …
Article • August 15, 2013
Third Circuit Vacates Lifetime Computer/Internet Ban by The Third Circuit Court of Appeals vacated sex offender special conditions of supervised release because they were not narrowly tailored or consistent with the factors of 18 USC § 3553(a). Pennsylvania resident Daniel Voelker engaged in an online “chat” with Wyndell Williams. During …
Article • August 15, 2013
TN Attorney General Says Public Records Act Requires Disclosure After Redaction of Exempt Portions of Records by In September, 1998, the Tennessee Attorney General issued its opinion regarding the disclosability of records after redaction of legally exempt parts of the document, without any balancing of interests before disclosure. The AG …
Article • August 15, 2013
Filed under: Sentencing, Good Time
Washington DOC Can’t Impose 5 Years Flat Time for All 1st Degree Assault Convictions with Deadly Weapons Enhancements by The Washington State Supreme Court has ruled that the State Department of Corrections (DOC) can’t require prisoners to serve the first five years of a 1st degree assault sentence as “flat …
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