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Article • July 15, 2013 • from PLN July, 2013
Sixth Circuit Reverses Dismissal of Suit Due to Non-Exhaustion and Statute of Limitations by The Sixth Circuit Court of Appeals reversed a lower court's summary judgment order that erroneously dismissed a Michigan prisoner's lawsuit for non-exhaustion and because it was time-barred. On November 30, 2005, Michigan state prisoner Samuel Surles …
Article • July 15, 2013 • from PLN July, 2013
Sixth Circuit: Failed Cancer Diagnosis Not Deliberately Indifferent by The Sixth Circuit Court of Appeals has reversed a lower court's denial of qualified immunity to a Michigan prison doctor and nurse accused of failing to diagnose a prisoner's bone cancer. On February 13, 2007, Mound Correctional Facility prisoner Joshua Reilly …
Sixth Circuit Orders Judgment Against Three Defendants in Prisoner's Retaliation Case by The Sixth Circuit Court of Appeals vacated judgments in favor of three prison officials in a prisoner's lawsuit alleging a retaliatory transfer, and ordered that judgment be entered against them. The district court then awarded damages on remand. …
Article • July 15, 2013 • from PLN July, 2013
Illinois: Conditions Lawsuit Filed by Civilly Confined Sex Offenders Dismissed by Derek Gilna Civilly committed sex offenders confined pursuant to Illinois' Sexually Violent Persons Commitment Act, 725 ILCS 207/1-99, filed suit in federal court in 2007 under 42 U.S.C. § 1983, challenging the conditions of their confinement at the Rushville …
Article • July 15, 2013 • from PLN July, 2013
Tenth Circuit: No Section 2241 Jurisdiction for BOP Supermax Challenge; Claims Must be Brought as Bivens Action by The Tenth Circuit Court of Appeals held on May 1, 2012 that a federal prisoner's transfer to supermax custody must be brought as a Bivens action rather than as a federal habeas …
Article • July 15, 2013 • from PLN July, 2013
Arkansas: Sentencing Court Cannot Order Prison Treatment by The Arkansas Supreme Court has held that a sentencing court lacks authority to order a defendant to complete sex offender treatment in prison. In 2011, Chad Lee White was convicted of rape and second-degree battery for anally penetrating a neighbor's two-year-old son …
Article • July 15, 2013 • from PLN July, 2013
California: Eastern District Jury Pool Alleged to be Biased Against Prisoners by Defense attorneys representing two prisoners accused of murdering a federal prison guard have argued that the jury pool in the region – the Central Valley of California – is biased against prisoners due to the numerous correctional facilities …
CCA Loses Four Private Prison Contracts in One Month by On June 18, 2013 the Idaho Board of Correction voted not to renew the state's $29.9 million contract with Corrections Corporation of America (CCA) – the nation's largest for-profit prison company – to operate the 2,104-bed Idaho Correctional Center (ICC). …
PLN Files Public Records Suit Against CCA in Vermont by On June 7, 2013, Prison Legal News, represented by the ACLU of Vermont, filed a lawsuit in state court after submitting a public records request seeking information about legal settlements involving Corrections Corporation of America (CCA) – the nation's largest …
Article • July 15, 2013 • from PLN July, 2013
Re-incarceration Not Grounds to Dismiss Wisconsin Civil Commitment Petition by On June 29, 2012, the Wisconsin Supreme Court held that Wisconsin Statutes chapter 980 (2005-06), the state's sex offender civil commitment law, does not require that a pending commitment petition be dismissed when the person subject to civil commitment is …
Collateral Consequences Weighed for Corporations, Not for Individuals by Russell Mokhiber In case you had any doubt that federal prosecutors favor corporations over individuals, check out Mythili Raman's testimony before a House hearing on May 22, 2013. Raman is the acting chief of the Criminal Division at the Department of …
Article • July 15, 2013 • from PLN July, 2013
Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 by Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 The Sixth Circuit Court of Appeals has held that a pretrial detainee did not suffer a violation of his Sixth Amendment right to …
Article • July 15, 2013 • from PLN July, 2013
Filed under: Visiting
Some Jails Turning to Video Visitation Only by Matthew Clarke by Matt Clarke The Weber County Jail in Ogden, Utah has joined a growing trend – moving to video visits for prisoners – and has also started charging prisoners' families for "extra" visitation time. In 2009 the jail replaced in-person, …
Article • July 15, 2013 • from PLN July, 2013
Washington Sex Offender's Conviction for Failure to Report Reversed by The en banc Washington State Supreme Court has reversed a defendant's conviction for failure to report as a sex offender, finding that the reporting statute was ambiguous and the evidence presented was insufficient to support the conviction. Prior to 2010, …
Third Circuit: Prison Officials Liable for Failing to Protect Informant by The Third Circuit Court of Appeals held on September 24, 2012 that prison officials may be held liable for failing to protect an informant held in a Special Housing Unit (SHU). The appellate court affirmed in part and reversed …
Article • July 15, 2013 • from PLN July, 2013
Filed under: Probation, Juveniles
California: Probation Condition Cannot Prohibit Court Access by The California Court of Appeal has held that a condition of probation barring a juvenile offender's access to the courthouse was unconstitutionally overbroad in violation of the First Amendment. In 2010, California juvenile offender Jose N. was made a ward of the …
Article • July 15, 2013 • from PLN July, 2013
Fourth Circuit Reverses Dismissal of Case Challenging Virginia DOC Grooming Policy by Retired Supreme Court Justice Sandra Day O'Connor joined a panel of the Fourth Circuit Court of Appeals, by designation, in finding that a district court had erred in upholding a Virginia prison grooming policy that prohibited prisoners from …
Article • July 15, 2013 • from PLN July, 2013
Three New Mexico Jail Guards Convicted of Assault, Obstruction of Justice by As previously reported in PLN, prisoner Christopher Shields was beaten by guards at the Bernalillo County Metropolitan Detention Center (MDC) on December 21, 2011. [See: PLN, April, 2012 p.50]. Five MDC guards were arrested in connection with the …
Article • July 15, 2013 • from PLN July, 2013
South Carolina Sex Offender Registration Amendment Requires Actual Notice by The South Carolina Supreme Court has reversed a sex offender's conviction for failing to register, because the state did not provide actual notice of new registration requirements. In 2002, Zeb Eron Binnarr was convicted of sex crimes in South Carolina …
Article • July 15, 2013 • from PLN July, 2013
Ninth Circuit: Idaho Ordered to Allow Viewing of all Stages of Execution by David Reutter by David M. Reutter In reversing and remanding an Idaho federal district court's denial of a preliminary injunction, the Ninth Circuit Court of Appeals directed the lower court to enter an order requiring the State …
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