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Article • May 5, 2017 • from PLN May, 2017
Filed under: Pepper Spray/Tear Gas
Congress Passes Legislation Allowing BOP Guards to Carry Pepper Spray by Derek Gilna by Derek Gilna The “Eric Williams Correctional Officers Protection Act” (S.238), named after a federal prison guard murdered by a prisoner at USP Canaan in Pennsylvania, passed both houses of Congress by unanimous votes. The bill provides …
Article • May 5, 2017 • from PLN May, 2017
Federal Court Awards Virginia Prisoner $500 for Excessive Force Claim by Lonnie Burton by Lonnie Burton Following a bench trial on November 15, 2015, a magistrate judge in the U.S. District Court for the Western District of Virginia recommended awarding a state prisoner $500 after determining that two prison guards …
Article • May 5, 2017 • from PLN May, 2017
Las Vegas Judge Ousted after Ordering Public Defender Handcuffed by On February 28, 2017, the Nevada Commission on Judicial Discipline ordered former Las Vegas Justice of the Peace Conrad Hafen to never again serve as a judge in the state. Hafen also agreed to a public censure after admitting he …
Article • May 5, 2017 • from PLN May, 2017
$25,000 Federal Jury Award in Suit over Teenager Raped in Oklahoma Jail by Matthew Clarke by Matt Clarke On March 2, 2016, a federal jury awarded $25,000 to a woman who had been repeatedly sexually assaulted by a Tulsa, Oklahoma jailer when she was a minor held at the Tulsa …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Racial Discrimination
The Sentencing Project Explores Impact of Race and Ethnicity on U.S. Prison System by Derek Gilna by Derek Gilna A June 2016 report by The Sentencing Project found that blacks are incarcerated in state prisons at much higher rates than whites – up to ten times the incarceration rate in …
Article • May 5, 2017 • from PLN May, 2017
Four Prisoners Murdered at South Carolina Facility by On April 7, 2017, four minimum-security prisoners at the Kirkland Correctional Institution in Columbia, South Carolina were found dead in a cell. A South Carolina Law Enforcement Division investigation revealed that John King, 52; Jason Kelley, 35; Jimmy Ham, 56; and William …
Article • May 5, 2017 • from PLN May, 2017
Fifth Circuit Upholds $2.85 Million Award in Suit over Jail Prisoner’s Death by Matthew Clarke by Matt Clarke On November 29, 2016, the Fifth Circuit Court of Appeals upheld a jury award of $1.5 million for pain and suffering and $917,000 for wrongful death in a lawsuit brought by survivors …
Article • May 5, 2017 • from PLN May, 2017
Oregon Prison System’s Medical Rule and Policy Invalidated by The Oregon Court of Appeals held in March 2016 that an Oregon Department of Corrections (ODOC) rule which authorized the Health Services clinical director to appoint the chief medical officer for each state prison was invalid because it conflicted with a …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Statistics/Trends, Trials
The Case of the Disappearing Criminal Jury Trial by Christopher Zoukis by Christopher Zoukis Every person accused of a crime has the right to a trial by jury. That right is enshrined in the U.S. Constitution, and is available to anyone charged with a serious criminal offense. But the number …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Cost of Prison Systems
Bonds Used to Finance Private Prisons, Jails Turn into Junk by Christopher Zoukis by Christopher Zoukis The promise of safe, humane and less costly prisons has been used for decades by the private prison industry to sell its products. As prison populations skyrocketed, local, state and federal governments became convinced …
Article • May 5, 2017 • from PLN May, 2017
Iowa Prisoner Awarded $1,000 for Jail Beating by A late December 2016 decision by the Board of Supervisors for Black Hawk County, Iowa not to appeal a federal judge’s ruling paved the way for a $1,000 judgment won by a prisoner who was beaten by other prisoners. James Robert Ernst …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Cost of Prison Systems
White House Justice Initiative Seeks Economic Boost from Policy Change by Derek Gilna by Derek Gilna Former President Obama’s Council of Economic Advisors produced a report in April 2016 that concluded the United States would gain an economic boost by reducing the nation’s level of imprisonment. According to the report, …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Death Penalty
Delaware Supreme Court Strikes Down Death Penalty, Following Hurst Decision by Derek Gilna by Derek Gilna On August 2, 2016, the Delaware Supreme Court, in Rauf v. State of Delaware, struck down the state’s death penalty in a closely-watched decision. Benjamin Rauf was charged with first-degree felony murder, and the …
Article • May 5, 2017 • from PLN May, 2017
PLN Settles Censorship Suit Against Illinois County for $75,000, Policy Changes by Lonnie Burton by Lonnie Burton On June 17, 2016, Kane County, Illinois ratified a settlement agreement with Prison Legal News to resolve a federal lawsuit after dozens of copies of PLN sent to prisoners at the county’s jail …
Dismissal of Federal Prisoner’s Lawsuit over Improper Solitary Confinement Affirmed by Christopher Zoukis by Christopher Zoukis The Court of Appeals for the Second Circuit has dealt a blow to the constitutional rights of imprisoned writers. On December 11, 2012, after serving a lengthy sentence for arson-related crimes in connection with …
Reform Advocates Applaud Expiration of CoreCivic Contract in D.C. by At midnight on January 31, 2017, a welcome change came to the District of Columbia’s jail system with the expiration of the District’s 20-year contract with CoreCivic – formerly known as Corrections Corporation of America – to operate the Correctional …
Article • May 5, 2017 • from PLN May, 2017
Divided En Banc Sixth Circuit Blocks Release of Federal Mug Shots by Derek Gilna by Derek Gilna In a 9-7 decision, the en banc Sixth Circuit blocked the release of mug shots of federal criminal defendants, finding that the Internet had caused individuals to be “haunted” by Freedom of Information …
Article • May 5, 2017 • from PLN May, 2017
Incarceration Nations: A Journey to Justice in Prisons Around the World, by Baz Dreisinger by Matthew Clarke book review by Matt Clarke Incarceration Nations by Baz Dreisinger (Other Press, 2016). 325 pages, $19.00 (hardcover). When John Jay College of Criminal Justice Professor Baz Dreisinger began her two-year pilgrimage to prisons …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Plumbing, Sanitation
Flooding Forces Evacuation of Over 4,000 Texas Prisoners by Matthew Clarke by Matt Clarke Historic flooding along the Brazos River in southeast Texas last year forced the Texas Department of Criminal Justice (TDCJ) to evacuate three facilities near Rosharon that housed more than 4,000 prisoners. The evacuations began on May …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Standard of Proof, Evidence
Kansas: Self-Defense Must be Disproved in Prison Disciplinary Proceeding by Lonnie Burton by Lonnie Burton The Kansas Supreme Court held on June 17, 2016 that prison authorities must disprove a claim of self-defense when a prisoner is charged with fighting and asserts he was merely defending himself. The ruling overturned …
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