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Article • May 5, 2017 • from PLN May, 2017
Seventh Circuit: Warden’s Termination of Medical Diets was Deliberately Indifferent by The Court of Appeals for the Seventh Circuit ruled that a prison warden who cancelled all prescribed medical diets without first consulting a doctor was deliberately indifferent to the serious medical needs of a prisoner who had been receiving …
Article • May 5, 2017 • from PLN May, 2017
Eighth Circuit: Exhaustion is Not a Pleading Requirement in FOIA Cases by The Court of Appeals for the Eighth Circuit reversed the dismissal of a former federal prisoner’s Freedom of Information Act (FOIA) suit, holding that he was not required to plead exhaustion in his complaint. Darnell Wesly Moon filed …
Denial of Summary Judgment Upheld in Prisoner’s Retaliation, Excessive Force Suit by Matthew Clarke by Matt Clarke On July 29, 2015, the Eighth Circuit Court of Appeals affirmed a federal district court’s denial of summary judgment to two U.S. Marshals who allegedly arranged to have a prisoner beaten at an …
Article • May 5, 2017 • from PLN May, 2017
Petition Challenging Disciplinary Hearing Not Mooted After Prison Rescinds Sanction by Lonnie Burton by Lonnie Burton On April 22, 2016, the Kansas Court of Appeals reversed a ruling by the Leavenworth County District Court dismissing a habeas petition filed by a prisoner challenging the findings and sanctions imposed at a …
Article • May 5, 2017 • from PLN May, 2017
Vicarious Liability Not Available in Medical Malpractice Claim by NY Prisoner by Last year, the New York Supreme Court, Appellate Division held the state’s Department of Corrections and Community Supervision (DOCCS) could not be found vicariously liable for the actions of contract physicians. Steven Garofolo filed a medical malpractice claim …
Article • May 5, 2017 • from PLN May, 2017
Failure to Accommodate Deaf Prisoner Costs Oregon DOC $400,000 by On November 3, 2016, a federal jury awarded a deaf former Oregon prisoner $400,000, finding prison officials had violated his civil rights by failing to accommodate his hearing disability. David VanValkenburg, 51, is deaf and must communicate through a sign …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Sentinel, Overdetention
Private Probation Company Agrees to Multiple Settlements in Georgia by Derek Gilna by Derek Gilna In July 2016, just before trial, Sentinel Offender Services, a private probation company, agreed to pay a $200,000 settlement to LaSaundria J. Walker for illegally keeping her in jail after she completed her term of …
Article • May 5, 2017 • from PLN May, 2017
Former Texas Police Officer’s Sexual Assault Case Reversed After 21 Years by Matthew Clarke by Matt Clarke Brian Edward Franklin was a Fort Worth, Texas police officer for more than a decade before he was convicted of aggravated sexual assault of a child and sentenced to life in prison in …
Article • May 5, 2017 • from PLN May, 2017
Ninth Circuit: Warrantless Probationary Cell Phone Search Unconstitutional by The Ninth Circuit Court of Ap­peals has held that a warrantless, suspicionless search of a probationer’s cell phone violated the Fourth Amendment, and that evidence discovered during the search must be suppressed. Paulo Lara was on probation for a California drug …
Medical Provider Blamed for Deaths at New York Jail Replaced by Another Contractor ... Then Another by Joe Watson by Joe Watson For three years, elected officials in Niagara County, New York refused to give the families of Tommie Lee Jones and Daniel Pantera the satisfaction of terminating the county …
Article • May 5, 2017 • from PLN May, 2017
Federal Judge Grants Ex-offender “Certificate of Rehabilitation” by Derek Gilna by Derek Gilna New York U.S. District Court Judge John Gleeson, known for his well-reasoned opinions, has, in addition to his usual duties, immersed himself in other issues not typically associated with the federal judiciary. For example, he has encouraged …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Medical Misconduct
New Hampshire Jail Doctor Suspended Pending Misconduct Hearing by In April 2016, New Hampshire’s Board of Medicine suspended the license of a doctor who treated prisoners at the Valley Street Jail in Hillsborough County. The suspension followed allegations of professional misconduct. Dr. Matthew J. Masewic worked part time at the …
Article • May 5, 2017 • from PLN May, 2017
Vigilantes Assault, Rob and Murder Registered Sex Offenders by Matthew Clarke by Matt Clarke As repeatedly reported in Prison Legal News, for over a decade registered sex offenders have been targeted by vigilantes and assaulted, robbed and murdered due to their past crimes. And as noted in this issue’s cover …
Article • May 5, 2017 • from PLN May, 2017
$49,500 Settlement in New Jersey Jail Beating Suit by A mentally ill former New Jersey prisoner and Salem County officials agreed on March 4, 2016 to settle a lawsuit that alleged guards at the Salem County Jail beat him to the point where he had to be hospitalized. Harold Jones, …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Wrongful Conviction
Prosecutor’s Investigation Results in Release of Illinois Prisoner Convicted in 1957 Cold Case by Christopher Zoukis by Christopher Zoukis Jack Daniel McCullough, a 76-year-old veteran and former police officer, was convicted in 2012 of the 1957 abduction and murder of a young girl in perhaps the oldest cold case in …
CCA Prison Caught Recording Attorney-Client Meetings, Sharing Videos with Prosecutors by In March 2017, Special Master David R. Cohen filed a request with the U.S. District Court in Kansas, seeking to enlarge his investigation into whether the Leavenworth Detention Center (LDC) and the private contractor that operates the facility, Corrections …
Article • May 5, 2017 • from PLN May, 2017
Quickest Path to Reducing Pretrial Incarceration? Eliminate Money Bail by Derek Gilna by Derek Gilna According to the non-partisan Prison Policy Initiative (PPI), the fastest way to reduce the number of pretrial detainees held in local jails is simple: Eliminate or reduce the use of money bail. In a money …
$200,000 Settlement Over Oklahoma Jail Prisoner’s Death by Matthew Clarke by Matt Clarke A $200,000 settlement in a lawsuit filed over the death of a mentally ill Oklahoma jail prisoner emphasizes what Oklahoma sheriffs have been saying for years: they are ill prepared to deal with the rapidly increasing number …
Article • May 5, 2017 • from PLN May, 2017
Texas Prison System Bans Social Media for Prisoners by Matthew Clarke by Matt Clarke The Texas Department of Criminal Justice (TDCJ) added a rule to the April 2016 version of its Offender Handbook that bars prisoners from using any form of social media. Rule 111.N.4 states that “Offenders are prohibited …
Article • May 5, 2017 • from PLN May, 2017
Report Says Private Prison Companies Increase Recidivism by Derek Gilna by Derek Gilna In June 2016, In the Public Interest (ITPI), a non-partisan public policy group, published a report titled “How Private Prison Companies Increase Recidivism,” based upon the fact that for-profit prisons rely upon incarceration to generate revenue – …
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