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Oregon Prison Staff Said to Contribute to High Prisoner COVID-19 Infection, Death Rates

Article • March 7, 2021

Filed under: COVID-19, Medical Neglect/Malpractice, Guards/Staff

Oregon Prison Staff Said to Contribute to High Prisoner COVID-19 Infection, Death Rates by Mark Wilson by Mark Wilson   With 3,392 (28.1%) of 12,073 prisoners infected with coronavirus (COVID-19) and 42 prisoner deaths - 20 deaths occurring in January 2021 alone — Oregon prisoners are being infected at nearly …

Democrat Controlled Legislature Introduces Two Bills to Abolish Oregon’s 164-Year Old Felon Disenfranchisement Law

Article • March 7, 2021

Filed under: Felon Disenfranchisement Statute

Democrat Controlled Legislature Introduces Two Bills to Abolish Oregon’s 164-Year Old Felon Disenfranchisement Law by Mark Wilson by Mark Wilson “Individuals who commit crimes need to be held accountable, but they should not be stripped of their rights as a citizen,” said Oregon state Senator Floyd Prozanski, chair of the …

Federal Judge Orders COVID-19 Vaccinations for 12,000-Plus Oregon Prisoners

Article • March 6, 2021

Filed under: COVID-19

Federal Judge Orders COVID-19 Vaccinations for 12,000-Plus Oregon Prisoners by Mark Wilson by Mark Wilson   “Our constitutional rights are not suspended during a crisis. On the contrary, during difficult times we must remain the most vigilant to protect the constitutional rights of the powerless,” declared U.S. Magistrate Judge Stacie …

Nearly Killed by Dehumanizing Culture of Indifference, Oregon Prisoner Sues for $975,000

Article • March 1, 2021 • from PLN March, 2021

Filed under: Private Contractors, Deliberate Indifference

Nearly Killed by Dehumanizing Culture of Indifference, Oregon Prisoner Sues for $975,000 by Mark Wilson by Mark Wilson Oregon prisoner Carl Spieler, 56, suffered for three months after he was admitted to the state penitentiary in Salem in May 2018, while prison medical staff, convinced he was malingering, dismissed his …

Mentally Ill Oregon Prisoner’s “Needless & Preventable” Death From Flu Complications Nets Record $3 Million Settlement

Article • March 1, 2021 • from PLN March, 2021

Filed under: Settlements, Medical Neglect/Malpractice, Mental Health

Mentally Ill Oregon Prisoner’s “Needless & Preventable” Death From Flu Complications Nets Record $3 Million Settlement by Mark Wilson by Mark Wilson "Michael Barton died a brutal death because he was ignored and then written off as faking symptoms and refusing medication,” said attorney Bryan Dawson, upon securing a $3 …

News in Brief

Article • February 1, 2021 • from PLN February, 2021

Filed under: News in Brief

News in Brief by Afghanistan: As fighting continued between Taliban forces and the Afghan military on September 3, 3020, both parties announced they had nearly completed a prisoner exchange negotiated the previous February. According to a report by Japan’s public broadcasting company, HNK, the Taliban said all 1,000 Afghan prisoners …

After $625,000 Settlement, Oregon Deputy Charged in Assault of Prisoner

Article • February 1, 2021 • from PLN February, 2021

Filed under: Guard Brutality/Beatings, Settlements

After $625,000 Settlement, Oregon Deputy Charged in Assault of Prisoner by Mark Wilson by Mark Wilson On June 30, 2020, an Oregon county agreed to pay Albert Molina $625,000 to settle his claim that a jail guard fractured his skull in an unprovoked 2018 attack. Two days later, county prosecutors …

No Summary Judgment on Oregon Prisoner’s Retaliatory Termination Claim

Article • February 1, 2021 • from PLN February, 2021

Filed under: Retaliation for Filing Grievances, Summary Judgment

No Summary Judgment on Oregon Prisoner’s Retaliatory Termination Claim by Mark Wilson by Mark Wilson On June 5, 2020, an Oregon federal court denied prison officials’ summary judgment on a prisoner’s First Amendment retaliation claim. Oregon prisoner Leumal Fred Hentz was assigned to work in the bakery at Oregon State …

News in Brief

Article • January 1, 2021 • from PLN January, 2021

News in Brief by Alabama: On August 21, 2020, Sylvester Hartley became the seventh prisoner to die of complications from COVID-19 at Alabama’s St. Clair Correctional Facility, according to a report in the St. Clair News-Aegis. The 60-year-old, who was serving a life-without-parole sentence for three counts of first-degree kidnapping, …

Researchers, Prison Officials to Study Effects of Prison Violence Comprehensively

Article • December 1, 2020

Filed under: Failure to Protect (General), Excessive Force

Researchers, Prison Officials to Study Effects of Prison Violence Comprehensively by Matthew Clarke by Matt Clarke A research team of internationally recognized prison experts from multiple academic institutions will be working with state prison officials from Arizona, Colorado, Massachusetts, Ohio, Oregon, Pennsylvania and Texas to perform the most comprehensive study …

Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena

Article • October 5, 2020

Filed under: Civil Procedure, Subpoenas, Fair Trial

Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena by Mark Wilson by Mark Wilson The Oregon Court of Appeals reversed a lower court’s dismissal of a criminal proceeding when the victim refused to comply with a subpoena to appear for trial. Alex David Murray Lorenzo was charged …

Crabtree v. Peters, OR, Complaint, Sexual Assault of Inmate, 2020

Brief • October 5, 2020

Filed under: Staff-Prisoner Assault, Staff-Prisoner Harassment, Guard Misconduct, Prison Rape Elimination Act

Crabtree v. Peters, OR, Complaint, Sexual Assault of Inmate, 2020 Case 2:20-cv-01291-AC Document 42 Filed 10/05/20 Page 1 of 54 Ginger G. Mooney, OSB # 031261 Ginger G. Mooney, LLC 1017 May Street, Suite 200 Hood River, Oregon 97031 Telephone (541) 716-5650 Fax (503) 389-1585 contact@mooneylaw.org Attorney for Mercedes Crabtree …

News in Brief

Article • October 1, 2020 • from PLN October, 2020

Filed under: News in Brief

News in Brief by Alabama: In February 2020, a grand jury in Limestone County, Alabama, returned an indictment for “possession/receipt of a controlled substance” against Travis Wales, a former guard at the Limestone County Correctional Facility in Harvest. According to Columbus, Georgia, TV station WBRL, Wales was arrested in September …

News in Brief

Article • September 1, 2020 • from PLN September, 2020

Filed under: News in Brief

News in Brief by California:In June 2020, California Gov. Gavin Newsom (D) commuted 21 state prisoners’ sentences, a dozen of them were for murder convictions, patch.com reported. Seven were committed when the prisoner was 22 or younger. Half of the prisoners are now 59 or older. One commutation went to …

Steffey v. Salazar, 9th Circuit, Opening Brief of Appellant, Loss of Good Conduct Time, 2020

Brief • August 5, 2020

Filed under: Drug Testing, Legal Mail, Good Conduct Time

Steffey v. Salazar, 9th Circuit, Opening Brief of Appellant, Loss of Good Conduct Time, 2020 Case: 20-35493, 08/05/2020, ID: 11778893, DktEntry: 4, Page 1 of 43 No. 20-35493 ____________________ UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ____________________ BILLY STEFFEY, Petitioner-Appellant, v. J. SALAZAR, Warden, Respondent-Appellee. ____________________ Appeal from …

Oregon Court Holds Prison Litigation Reform Act Exhaustion Tolls Statute of Limitations

Article • August 1, 2020 • from PLN August, 2020

Filed under: Administrative Exhaustion (PLRA), Tolling of Statutes of Limitations and Laches, Prison Litigation Reform Act (PLRA)

Oregon Court Holds Prison Litigation Reform Act Exhaustion Tolls Statute of Limitations by Mark Wilson by Mark Wilson On March 25, 2020 an Oregon federal court held that the statute of limitations for filing a federal civil rights action is tolled during Prison Litigation Reform Act (PLRA) exhaustion. Anthony Sam …

Molina v. Peters, OR, Complaint, Sexual Assault of Inmate, 2020

Brief • July 22, 2020

Filed under: Staff-Prisoner Assault, Staff-Prisoner Harassment, Guard Misconduct, Prison Rape Elimination Act

Molina v. Peters, OR, Complaint, Sexual Assault of Inmate, 2020 Case 2:20-cv-01195-AC Document 1 Filed 07/22/20 Page 1 of 51 Ginger G. Mooney, OSB # 031261 Ginger G. Mooney, LLC 1017 May Street, Suite 200 Hood River, Oregon 97204 (541) 716-5650 Fax (503) 389-1585 contact@mooneylaw.org Attorney for Maria Molina IN …

NaphCare, Oregon Jail’s Private Healthcare Provider, Required to Disclose Records in Detox Death Suit

Article • July 1, 2020 • from PLN July, 2020

Filed under: Private Contractors, Drug Overdose, Disclosure of Records, Medical Neglect/Malpractice

NaphCare, Oregon Jail’s Private Healthcare Provider, Required to Disclose Records in Detox Death Suit by Mark Wilson by Mark Wilson An Oregon federal court in January 2020 compelled NaphCare, Inc., the private medical care provider for the Washington County Jail (WCJ) in Hillsboro, to disclose lawsuits and financial records in …

Ex Post Facto Oregon Parole Postponement Claim Not Cognizable in §2254 Proceeding

Article • July 1, 2020 • from PLN July, 2020

Filed under: Parole Board Misconduct, Ex Post Facto

Ex Post Facto Oregon Parole Postponement Claim Not Cognizable in §2254 Proceeding by Mark Wilson by Mark Wilson On October 31, 2019, an Oregon federal court held that a claim that extended parole postponement pursuant to the retroactive application of a new law violates the ex post facto clause and …

Oregon Federal Court: 8th and 14th Amendments Mandate Miller Hearing

Article • July 1, 2020 • from PLN July, 2020

Filed under: Juveniles, De Facto Life Sentence

Oregon Federal Court: 8th and 14th Amendments Mandate Miller Hearing by Mark Wilson by Mark Wilson An Oregon federal court held that a sentence that prohibits a juvenile offender’s possible release until he is 88 years old violates the Eighth Amendment and the Fourteenth Amendment’s Due Process Clause because it …