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Eleventh Circuit Addresses First Amendment, Due Process Interests in Georgia Prisoner Emails by New communications technology introduced in prisons and jails has raised questions as to how prisoners’ First Amendment rights are implicated. Such concerns were addressed by the U.S. Court of Appeals for the Eleventh Circuit on June 23, …
Long Waits for Montana Jail Detainees Needing Competency Restoration Services by As of June 30, 2023, an unnamed detainee at Montana’s Flathead County Jail (FCJ) had been held over nine months on a burglary charge, though she was not scheduled for trial. Instead the woman, who suffers from mental illness, …
West Virginia Pretrial Detainee’s Lawsuit for Sexual Abuse Survives Dismissal Stage by David Reutter by David M. Reutter On June 9, 2023, the Supreme Court of Appeals of West Virginia affirmed denial of defendant state prison officials’ motion to dismiss all but a negligent supervision and training claim that arose …
Article • January 1, 2024 • from PLN January, 2024
Washington Agencies Sanctioned for Discovery Violations Reach $3.1 Million Settlement with Disabled Woman Allegedly Abused at State Sanctioned Home by “Any lawyer practicing in this State should get an uneasy feeling when a request for sanctions is made under controlling case law in Washington,” wrote a King County Superior Court …
“Brushed It Under the Rug”: Investigation Refutes Florida Sheriff’s Story About Jail Detainee’s Death by On September 8, 2022, Carl Harper, Jr. died in Florida’s Lee County Jail, a day after his arrest. A press statement five days later from the office of the county Sheriff (LCSO), Carmine Marceno, and …
Article • January 1, 2024 • from PLN January, 2024
Oklahoma Prisoner Uses COVID-19 Stimulus Check to Overturn Conviction by In June 2023, a judge in Oklahoma’s Sequoyah County overturned the murder conviction of Ricky Dority, 65, after the state prisoner spent his COVID-19 stimulus check to hire a private investigator, who then got a key witness to recant his …
Article • January 1, 2024 • from PLN January, 2024
New Head of “Constitutional Sheriffs” Calls MLK a “Thug” by On June 19, 2023, the 158th anniversary of the “Juneteenth” enforcement of the Emancipation Proclamation on the last Texas slavers, Sam Bushman, the owner of Liberty News Radio, used his show to broadcast his belief that the late Rev. Dr. …
Article • January 1, 2024 • from PLN January, 2024
Ed Mead: Rest in Power by Paul Wright by Paul Wright Over the years the saddest duty I have as PLN’s editor is noting the passing of our friends and supporters. As PLN gets older, we are entering our 34th year of publishing with this issue, it seems like more …
Florida Prisoners Not Required to File Rulemaking Petition to Satisfy PLRA Exhaustion Requirement by David Reutter by David M. Reutter On July 31, 2023, the U.S. Court of Appeals for the Eleventh Circuit rejected an argument by the Florida Department of Corrections (DOC) that a state prisoner’s suit should be …
Article • January 1, 2024 • from PLN January, 2024
Wisconsin Supreme Court: Jail Time Must Be Credited When Charge Causing Jailing Read in At Sentencing by Matthew Clarke by Matt Clarke On June 14, 2023, the Supreme Court of Wisconsin held that a state prisoner must be given jail time credit on his sentence when the charge resulting in …
Article • January 1, 2024 • from PLN January, 2024
Filed under: Editorials
From the Editor by Paul Wright By Paul Wright The abysmal state of detention facility healthcare has been a staple of PLN coverage since our inception in 1990. If anything, it has steadily gotten worse over the years, but one factor that has driven the decrease in care has been …
$7.75 Million Paid by San Diego County After Jail Detainee Severely Injured in Fall from Top Bunk by A lawsuit filed in federal court against San Diego County and various jail employees settled on March 20, 2023, for $7.75 million, following four years of litigation. The underlying facts unfolded the …
Article • January 1, 2024 • from PLN January, 2024
Maine Ends Prison Gerrymandering by Maine became the latest state to end prison gerrymandering on June 30, 2023, when Gov. Janet Mills (D) signed LD 1704/HP 1093 into law and joined 16 other states to count prisoners at their home address instead of the prison where they are incarcerated. The …
Fifth Circuit Revives Suit Against Texas Jailers Who Tasered Detainee Suffering Epileptic Seizure by Douglas Ankney On July 18, 2023, the U.S. Court of Appeals for the Fifth Circuit reversed a district court’s grant of summary judgment to jailers who tasered a detainee suffering an epileptic seizure at the Pasadena …
West Virginia High Court Decides Medical Practice Liability Act Not Applicable to Prison System by David Reutter by David M. Reutter In June 8, 2023, the Supreme Court of Appeals of West Virginia held that the Medical Professional Liability Act (MPLA), W. Va. Code §§ 55-7B-1 to 12, does not apply …
Article • January 1, 2024 • from PLN January, 2024
Seventh Circuit Slams Illinois Civil Commitment Program but Reverses Injunction by “Very weighty interests are at stake when a state institutes a program of civil commitment for sex offenders who, though never tried for or convicted of a crime, are found too dangerous for release.” So began a ruling by …
Eighth Circuit Says Arkansas Prisoner’s Medical Incapacity May Excuse PLRA Exhaustion Failure by As often reported in PLN, the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, imposes numerous requirements on incarcerated litigants—including exhaustion of administrative remedies before filing a lawsuit, by first filing a grievance and seeing it completely …
Article • January 1, 2024 • from PLN January, 2024
Deaths While Incarcerated Up 18% in Louisiana by A June 2023 report by Loyola University College of Law found that annual deaths behind bars in Louisiana jumped over 18% to an average of 187.5 in the period 2020-21. That’s up from an average of 158.6 between 2015 and 2019. Of …
Nevada Prisoner Wins Injunction Requiring DOC to Provide Exercise Despite Guard Shortage by by Matt Clarke On June 6, 2023, Judge Cristina D. Silva of the federal court for the District of Nevada renewed a preliminary injunction she issued on March 3, 2023, ordering state prison officials to provide prisoner …
Hear Us Now? Hearing Impaired Tennessee Prisoners Secure Injunction by Under the Americans with Disabilities Act (ADA), 42 U.S.C. ch.126 § 12101 et seq., and the Rehabilitation Act, 29 U.S.C. § 701 et seq., prisoners who are deaf or hard of hearing are entitled to reasonable accommodations so they can communicate and …
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