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Article • May 8, 2018 • from PLN May, 2018
Due Process Mandatory Before Texas Requires Sex Offender Registration for Crimes not Covered by Statute by Matthew Clarke by Matt Clarke On August 8, 2017, a Texas federal district court determined that requiring a person on community supervision to register as a sex offender for a crime not covered by …
Indiana County Settles Jail Guard’s ADA/Discrimination Suit for $150,000 by Matthew Clarke by Matt Clarke In July 2017, an Indiana county settled a civil rights lawsuit brought by former jail guard Michael A. Jones that included claims under the Americans with Disabilities Act (ADA). The suit alleged the jail refused …
Whistleblowing Angola Prisoner Who Faced Retaliation Wins Relief, Redemption by William Kissinger was “widely regarded as a positive leader at Angola by both prisoners and staff” over the 27 years he spent at the Louisiana State Penitentiary. That is, until corrections officials became incensed with the content of his email …
Article • May 8, 2018 • from PLN May, 2018
$14.3 Million Settlement for Probationers Subject to Extortion by Private Company by Pathways (formerly Providence) Community Corrections (PCC) and officials in Rutherford County, Tennessee agreed to settle a class-action lawsuit over predatory practices by the for-profit probation company. The $14.3 million settlement provides compensation for nearly 30,000 people who were …
Article • May 8, 2018 • from PLN May, 2018
Female Prisoners More Likely to be HIV Positive than Non-prisoners by Edward Lyon by Ed Lyon Data compiled by the Centers for Disease Control (CDC) and the U.S. Department of Justice’s Bureau of Justice Statistics (BJS), released in an August 2017 report, found that female prisoners are nine times more …
Article • May 8, 2018 • from PLN May, 2018
Former Pennsylvania Guards Settle FMLA Lawsuits for $110,000 by Derek Gilna by Derek Gilna In March 2017, Lackawanna County, Pennsylvania settled two federal lawsuits filed by former guards who alleged violations of the Family Medical Leave Act (FMLA). In the first case, the county agreed to pay $90,000 to settle …
$330,000 for Florida Prison Guards Abused at Training Academy by The Florida Department of Corrections (FDOC) agreed to pay $330,000 to settle claims brought by a trio of former guards who alleged they were fired after complaining of being physically abused at the department’s training academy at the Wakulla Correctional …
Brief • May 8, 2018
Filed under: Sentencing
Gallop v. Adult Correctional Institutions et al, R.I., civil death statute opinion, 2018 May 8, 2018 May 8, 2018 Supreme Court No. 2016-278-Appeal. (PC 10-6627) Dana Gallop : v. : Adult Correctional Institutions et al. : NOTICE: This opinion is subject to formal revision before publication in the Rhode Island …
Publication • May 8, 2018
Filed under: Private Prisons
City of Tucson, AZ, resolution opposing private for-profit correctional and detention corporations, 2018 ADOPTED BY THE MAYOR AND COUNCIL May 8, 2018 RESOLUTION NO. 22888 A RESOLUTION IN OPPOSITION TO THE PRIVATE OPERATION OF CORRECTIONAL FACILITIES AND DETENTION CENTERS AND TO THE EMPLOYMENT OF PRIVATE CORPORATIONS FOR CITY DETENTION FACILITIES; …
Oregon Sex Offenders Get LWOP, Not Treatment by “This bill will finally get at protecting our community from the most dangerous of sexual criminals,” said Oregon Senate President Peter Courtney, testifying in support of legislation he co-­sponsored to enact a “two strikes and you’re out” law for repeat sex offenders. …
Article • May 7, 2018 • from PLN May, 2018
Court Certifies Class of Missouri Prisoners Denied Hepatitis C Treatment by Matthew Clarke by Matt Clarke On July 26, 2017 (two days before World Hepatitis Day), the ACLU of Missouri and the MacArthur Justice Center (MJC) announced the certification of a class of Missouri Department of Corrections (MDOC) prisoners who …
Article • May 7, 2018 • from PLN May, 2018
New York Issues New Solitary Confinement Rules for Local Jails Amid Lawsuits, $5 Million Settlement by Christopher Zoukis by Christopher Zoukis On October 17, 2017, the New York Commission of Correction issued new rules governing the treatment of prisoners held in solitary confinement in local jails. The rules came in …
Article • May 7, 2018 • from PLN May, 2018
Seventh Circuit Affirms Denial of Qualified Immunity in Jail Suicide Suit by Matthew Clarke by Matt Clarke On July 26, 2017, the Seventh Circuit Court of Appeals affirmed a Wisconsin federal district court’s denial of qualified immunity to a jail guard and privately-contracted nurse after they ignored a prisoner’s risk …
Iowa Prison Officials Drop Disciplinary Sanctions in Controversial Case by Matthew Clarke by Matt Clarke In 2009, Iowa state prisoner Joe Byrd was accused of participating in a prison gang rape along with four other prisoners. He not only asserted his innocence, but steadfastly maintained that the crime never happened. …
Article • May 7, 2018 • from PLN May, 2018
Federal Prisoner Shot in the Eye Awarded $80,000 by Jeremy Pinson by Jeremy Pinson On January 26, 2018, following a three-day bench trial, federal prisoner Oray Fifer was awarded $80,000 in a Federal Tort Claims Act (FTCA) suit by a district court in Phoenix, Arizona. In December 2011 and August …
Article • May 7, 2018 • from PLN May, 2018
Fifth Circuit Reinstates Denial of Medical Care Suit Against Texas County Jail by Matthew Clarke by Matt Clarke On June 15, 2017, in an unpublished ruling, the Fifth Circuit Court of Appeals reinstated a lawsuit brought by a former jail prisoner alleging he was denied adequate medical care at the …
Article • May 7, 2018 • from PLN May, 2018
Massachusetts: State Court Officers May Not Enforce Immigration Detainers by Matthew Clarke by Matt Clarke On July 24, 2017, a Massachusetts court held that state law provides no authority for court officers to arrest and hold an individual, solely on the basis of a federal civil immigration detainer, beyond the …
Article • May 7, 2018 • from PLN May, 2018
Tennessee: New Trial Ordered in Prisoner’s Wrongful Death Case by Steve Horn by Steve Horn On April 5, 2018, the U.S. Court of Appeals for the Sixth Circuit ruled that a lawsuit over the death of 33-year-old Charles “Jason” Toll – a prisoner who died in 2010 after being forcibly …
Article • May 7, 2018 • from PLN May, 2018
Filed under: Statistics/Trends, Census
As Prison Populations Drop, Several States Close Facilities by Dale Chappell, Matthew Clarke by Dale Chappell and Matt Clarke Connecticut has closed another prison as the state Department of Correction’s population continues to fall. Officials confirmed that Enfield Correctional Institution, a 700-bed medium-security facility, closed in January 2018. State officials …
Article • May 7, 2018 • from PLN May, 2018
Prison Mailbox Rule Applied to South Carolina Prisoner’s Late PCR Petition by In an August 16, 2017 ruling, the South Carolina Supreme Court held that if a petitioner presents a valid equitable tolling defense for filing a post-conviction relief (PCR) petition beyond the statute of limitations, the limitations period “shall …
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