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Article • November 7, 2018 • from PLN November, 2018
Over-Incarceration a Worldwide Problem, Report Finds by Derek Gilna by Derek Gilna Earlier this year, London-based Penal Reform International and the Thailand Institute of Justice issued a report on incarceration worldwide that draws heavily on research funded by the United Nations. The 60-page report not only identifies areas of concern, …
Article • November 7, 2018 • from PLN November, 2018
Prisoner Can Face Discipline Yet Still Sue Guard for Excessive Force Under Heck by The Eleventh Circuit Court of Appeals held on April 23, 2018 that the “inconsistent-factual-allegation gloss” on Heck v. Humphrey, 512 U.S. 477 (1994) applies only “where the allegation in the [42 U.S.C.] § 1983 complaint is …
Mississippi: Former Jailer Acquitted of Criminal Charges in Prisoner’s Death by Kevin Bliss by Kevin Bliss Victor Smith was found not guilty of aggravated assault and conspiracy to commit aggravated assault, stemming from an incident when he was employed as a jailer with the Adams County Sheriff’s Office (ACSO) in …
In-the-News Article • November 7, 2018
HRDC director quoted after Amendment 4 passes in Florida Nov. 7, 2018 Articles with PLN Quotes The Crime Report Florida Restores Voting Rights to Formerly Incarcerated in a ‘Ballot Cast With Love’ By J. Gabriel Ware Floridians voted Tuesday in favor of an amendment that will restore the right to vote for most …
Hampton v. Baldwin et al., IL, memorandum and order, transgender prisoner transfer request, 2018 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS DEON HAMPTON, Plaintiff, vs. JOHN BALDWIN, KEVIN KINK, KAREN JAIMET, JOHN VARGA, OFFICER BURLEY, LIEUTENANT GIVENS, OFFICER CLARK, OFFICER LANPLEY, OFFICER GEE, OFFICER MANZANO, …
Article • November 6, 2018 • from PLN November, 2018
Filed under: Settlements, Suicides
Oklahoma County Pays $150,000 to Settle Suit Over Jail Suicide by Derek Gilna by Derek Gilna Nathan Daniel Bradshaw, 32, hung himself at the Tulsa County, Oklahoma jail, five days after his arrest on a bench warrant for a larceny charge, and died shortly thereafter in a Tulsa hospital. Last …
Article • November 6, 2018 • from PLN November, 2018
Filed under: Voting, Class Certification
Class-Action Status Granted in Civil Rights Suit Over Disenfranchised Indiana Jail Prisoners by Matthew Clarke by Matt Clarke On May 17, 2018, a federal district court certified a class of Allen County, Indiana jail prisoners who were denied their right to vote in the November 2016 general election. Ian Barnhart …
Article • November 6, 2018 • from PLN November, 2018
New York’s Prison-to-Shelter Pipeline is Poor Option for Parolees by Dale Chappell by Dale Chappell Released from prison, many New York parolees – instead of getting back on their feet through re-entry programs – are heading to homeless shelters in New York City. Of approximately 9,300 prisoners paroled from state …
Article • November 6, 2018 • from PLN November, 2018
Deductions from Pennsylvania Prisoner’s Trust Account Require Notice by On May 4, 2018, the Pennsylvania Supreme Court held a Commonwealth Court should not have sustained a demurrer to a prisoner’s action challenging deductions from his prison account to satisfy criminal restitution orders. State prisoner Kevin A. Bundy asserted, primarily, that …
Female Texas Prison Guards Allege Sexual Harassment, Abuse, Discrimination by Edward Lyon by Ed Lyon During the 10-year period ending in 2017, over 3,500 complaints of sexual harassment and gender bias were filed against the Texas Department of Criminal Justice (TDCJ). The state’s largest agency, TDCJ employs 37,000 people, including …
Article • November 6, 2018 • from PLN November, 2018
Surprise Shutdown of Maine Prison Leads to Controversy, Court Order by Christopher Zoukis by Christopher Zoukis In a sudden move that local residents called a “Gestapo tactic,” Maine Governor Paul LePage ordered the closure of a small prison in rural Washington County. The Downeast Correctional Facility (DCF), with a capacity …
Polls Show People Favor Rehabilitation over Incarceration by Matthew Clarke by Matt Clarke A recent poll found a majority of Americans – 67 percent overall – believe that building more prisons and jails does not reduce crime. Nearly as many – 62 percent – don’t believe that more prisons would …
New Mexico Prisoners Suffer and Die Under Privatized Health Care by Edward Lyon by Ed Lyon Since it first contracted out prisoner medical care to a private company in 2004, the New Mexico Corrections Department (DOC) has been named along with its contractors in over 220 lawsuits filed by prisoners …
Article • November 6, 2018 • from PLN November, 2018
Ohio Jail Detainee Receives $500,000 Settlement for Assault by Guard by A prisoner who was slammed headfirst into a wall by a guard at Ohio’s Hamilton County Jail reached a $500,000 settlement in his civil rights action. The incident occurred after Mark Myers, 61, was arrested on the morning of …
Article • November 6, 2018 • from PLN November, 2018
Filed under: Legal Mail
Maryland Adopts Prison Mailbox Rule for Post-Conviction Petitions by On May 9, 2018, the Maryland Court of Appeals adopted a “prison mailbox rule” for post-conviction petitions. The need for such a rule became evident in the case of prisoner Thoyt Hackney, who gave a post-conviction relief motion to prison officials …
$7,500 Settlement in Pennsylvania Prisoner’s Suicide by The Pennsylvania Department of Corrections (PDOC) agreed to pay a meager $7,500 to settle a lawsuit that alleged its employees failed to properly treat a teenage prisoner’s mental health issues, resulting in her suicide. Teasia M. Long was 17 on February 3, 2014 …
Article • November 6, 2018 • from PLN November, 2018
San Diego County Targets Reporter Who Exposed Sky-High Jail Death Rate by Dale Chappell by Dale Chappell When the widow of a prisoner who committed suicide at a San Diego County jail filed suit claiming staff had been made aware of the jail’s high death rate due to a reporter’s …
Article • November 6, 2018 • from PLN November, 2018
Litigation Surrounding Radon Exposure at Connecticut Prison Moves Forward by Panagioti Tsolkas by Panagioti Tsolkas “We’re talking about levels in some places that are equivalent to smoking 2½ packs of cigarettes a day,” said Lori A. Welch-Rubin, one of the attorneys who filed a class-action lawsuit on behalf of prisoners …
Article • November 6, 2018 • from PLN November, 2018
#MeToo Movement, Misconduct Claims Impact Federal and State Judges by Edward Lyon by Ed Lyon The #MeToo movement seeks to expose incidents of sexual harassment and sexual abuse by men against women. The movement has resulted in accusations against a number of high-profile figures, including actors, businessmen and politicians. Members …
Article • November 6, 2018 • from PLN November, 2018
Filed under: Civil Procedure, Appeals
Magistrate Judge Must Have Jurisdiction Prior to Entering Final Judgment by The Seventh Circuit Court of Appeals allowed an appeal to continue to the briefing stage after concluding that “all parties had consented to proceeding before the magistrate judge by the time he entered a final judgment dismissing the entire …
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