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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 …
Maricopa County, Phoenix Settle Lawsuit Over Mentally Ill Prisoner’s Death for $7.25 Million by Matthew Clarke by Matt Clarke In April 2018, just weeks before a trial was scheduled to begin, the City of Phoenix, Arizona agreed to pay $250,000 to settle a lawsuit brought by the family of a …
Article • November 6, 2018 • from PLN November, 2018
Filed under: Water
Arkansas DOC Says Water is Safe, but Most Tests Not Conducted in Housing Units by Panagioti Tsolkas by Panagioti Tsolkas In July 2018, former prisoners and their family members in Arkansas raised concerns about a variety of issues at a hearing with state lawmakers, included concerns about the water quality …
Article • November 6, 2018 • from PLN November, 2018
Texas Prison Officials Demoted, Fired after Disciplinary Quota System and Planted Contraband Exposed by In April 2018, prisoners at the Texas Department of Criminal Justice’s (TDCJ) Ramsey Unit in Rosharon smuggled out of the facility and into the hands of the Houston Chronicle records that proved the existence of a …
Article • November 6, 2018 • from PLN November, 2018
States Implementing New Technology to Fight Contraband Smuggling Via Drone by Monte McCoin by Monte McCoin Prison Legal News has reported several times on the trend of prison contraband smuggling via remote-controlled aerial drones, both in the U.S. and other countries. [See, e.g.: PLN, May 2018, p.14; Nov. 2017, p.52; …
$7 Million Settlement for Pennsylvania Prisoner’s Suicide at Private Prison by A $7 million settlement was reached in the suicide death of a mentally ill prisoner at the George W. Hill Correctional Facility (GWHCF) in Thornton, Pennsylvania, operated at the time by private prison company Community Education Centers. When she …
More Legal Cases Involving Transgender Prisoners in Multiple States by Christopher Zoukis by Christopher Zoukis According to the Bureau of Justice Statistics (BJS), about 34 percent of transgender people held in prisons or jails reported being subjected to at least one incident of sexual violence while incarcerated. That’s eight times …
Article • November 6, 2018 • from PLN November, 2018
Fourth Circuit: Failure to Transfer Mentally Ill Prisoner to Hospital Not Actionable by The Fourth Circuit Court of Appeals has reversed a district court’s denial of qualified immunity to a defendant in a civil rights action related to the August 19, 2015 death of Jamycheal Mitchell at Virginia’s Hampton Roads …
Article • November 6, 2018 • from PLN November, 2018
Fighting the Fees that Force Prisoners to Pay for Their Incarceration by Jean Trounstine by Jean Trounstine, Truthout.org This past January, prisoners in Florida went on strike to protest what they called modern-day slavery in the state’s prisons. As of March, not only had the Florida Department of Corrections not responded …
Ninth Circuit: Prisoner’s Disciplinary Appeal Exhausted Claim of Having to Work on Religious Holiday by Christopher Zoukis by Christopher Zoukis On May 18, 2018, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s order dismissing a prisoner’s complaint for failure to exhaust administrative remedies. The Ninth …
Article • November 6, 2018 • from PLN November, 2018
California Prisoners Seek to Enforce Settlement Provisions in Ashker Litigation by Kevin Bliss by Kevin Bliss On March 29, 2018, a federal magistrate judge in California held that prisoners in a class-action lawsuit over long-term solitary confinement, who entered into a settlement agreement with the California Department of Corrections and …
Article • November 6, 2018 • from PLN November, 2018
The Secret World of Missouri DOC Internal Death Investigations by Kevin Bliss by Kevin Bliss The Missouri Department of Corrections (DOC) has been accused of not being transparent or competent when it comes to conducting investigations into deaths that occur in state prisons. The DOC is responsible for the care …
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