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Article • April 15, 2011
Judge Holds Arizona Grievance Procedures “unavailable” under PLRA. by The Arizona Department of Corrections’ (ADOC) grievance procedures were “unavailable” to a prisoner who could not file within the required ten days due to his hospitalization and traumatic brain damage, U.S. District Judge Frederick J. Martone decided November 22, 2010. The …
Article • April 15, 2011
Ninth Circuit Affirms Dismissal of Habeas Petition That Sought to Ensure Reduction In Supervised Release Term Based on Arrington Decision by A Federal District court properly dismissed a federal habeas petition as moot that sought additional relief based on the Ninth Circuit’s decision in Arrington v. Daniels, 516 F. 3d …
Article • April 15, 2011
Non-Parties Can’t Get Discovery that was Never Filed with Court by Non-parties do not have standing to seek disclosure of discovery that was never filed with the court, the U.S. Court of Appeals for the Seventh Circuit decided November 10, 2009. Jamie Kalven, an independent journalist, sought to lift a …
Article • April 15, 2011
Ohio Sheriff Agrees to Pay $100,000 After Illegal Immigration Raid by Richard Jones, the Sherriff of Butler County, Ohio has agreed to settle a civil rights lawsuit surrounding an immigration raid conducted by his deputies in 2007. Luis Roberto Rodriguez Trevino, an undocumented Mexican national, was doing construction work in …
Article • April 15, 2011
Florida: Woman Settles Lawsuit Against Sheriff’s Officers for $67,500 after Arrest While in Premature Labor by Derek Gilna In June 2010, Melanie Dawn Williams, who had been arrested by officers after allegedly running a red light on her way to the St. Vincent’s Medical Center emergency room in Jacksonville, Florida …
Article • April 15, 2011
Pennsylvania DOC Agrees to Pay $110,000 to Settle Sex Abuse Suit by On August 27, 2007, the Pennsylvania Department of Corrections (DOC) agreed to pay $110,000 to settle a lawsuit by a female prisoner who alleged that she was forced to perform sex acts on another prisoner while another guard …
Article • April 15, 2011
Philadelphia Settles Diabetes Suit by On March 13, 2003, the City of Philadelphia agreed to settle a suit over the adequacy of care provided to diabetic prisoners at Philadelphia jails. The terms of the settlement require the city to establish policies related to the treatment of prisoners with diabetes. For …
Article • April 15, 2011
Jury Awards $336,000 to Prisoner Hurt during Van Accident by Brandon Sample By Brandon Sample On June 29, 2007, a South Carolina jury awarded $336,000 to a prisoner who was seriously injured during a rollover accident that resulted in severe, permanent injury. On November 10, 2003, Cheryl Boles was being …
Article • April 15, 2011
Morbidity Reports Not Protected From Disclosure by By Brandon Sample State privilege laws that protect mortality and morbidity reports from disclosure during discovery do not apply in federal court, Timothy S. Hillman, U.S. Magistrate Judge, recently decided. The Plaintiff in a wrongful death action served a notice of deposition and …
Legacy of Corruption: GEO Buys Off the Florida Political Establishment by Beau Hodai U.S. Senator Marco Rubio’s unsettling history of extremely close ties to private prison operator GEO Group and the possible federal investigation into Florida’s private prison giveaway of more than $120 million Newly minted U.S. Senator Marco Rubio …
Summary Judgment for Illinois Jail Nurse Reversed in Wrongful Death Suit by Brandon Sample The U.S. Court of Appeals for the Seventh Circuit reversed a grant of summary judgment in favor of a nurse at Illinois’ Peoria County Jail (PCJ) who was accused of providing deliberately indifferent medical care to …
Article • March 15, 2011 • from PLN March, 2011
State Inspections Compel Changes at Abusive Michigan Juvenile Facility by David Reutter by David M. Reutter Inspection reports by Michigan’s Department of Human Services (DHS) concerning conditions at the Muskegon County Juvenile Detention Center (MCJDC) found an abusive environment caused by understaffing. On the verge of losing the state license …
Report Faults Private Prison Company for Deadly Arizona Prison Break by Matthew Clarke by Matt Clarke On August 19, 2010, the Arizona Department of Corrections (ADC) issued a report concerning the July 30 escape of three prisoners from a privately-operated prison in Kingman, Arizona. The report was highly critical of …
Article • March 15, 2011 • from PLN March, 2011
Have a Cell Phone in Your Rectum? Body Cavity Searches OK’d in First Circuit, but Surgical Searches Are Not by Brandon Sample It is okay to look for contraband in a prisoner’s rectum so long as the search is done by medical staff in a non-abusive manner, according to the …
Article • March 15, 2011 • from PLN March, 2011
Probation May Not Be Conditioned On Overly Broad Court Access Restrictions by A California Court of Appeal has concluded that a probation condition prohibiting a defendant from being within 500 feet of any courthouse is unconstitutionally overbroad. Alejandro Perez pleaded guilty to second degree robbery after forcibly taking a $29 …
Article • March 15, 2011 • from PLN March, 2011
Social Security Audit Criticizes Prisoners’ Access to Personal Data; Federal Legislation Passed by Matthew Clarke by Matt Clarke On March 12, 2010, the Office of the Inspector General (OIG) of the Social Security Administration (SSA) released an audit report on prisoners’ access to Social Security numbers (SSNs). The report criticized …
Article • March 15, 2011 • from PLN March, 2011
Georgia Eases Sex Offender Restrictions in Face of Federal Court Challenge by Laws that restrict where sex offenders can live have been popular in legislatures throughout the U.S. With much fanfare and hoopla, Georgia passed one of the nation’s toughest sex offender residency statutes on July 1, 2006. That law …
Kentucky Jail Guards’ Convictions Affirmed in Sexual Abuse of Young Prisoner by David Reutter by David M. Reutter The Sixth Circuit Court of Appeals has affirmed the convictions and prison sentences of two guards who were found guilty of violating a prisoner’s civil rights. The guards’ actions resulted in the …
Prison Health Services Doctors Caught in Scandals by In a two-week period in July 2010, two doctors employed by Prison Health Services (PHS) were involved in scandals that led one to resign while the other was arrested. PHS regional medical director Dr. Trevor P. Parks was accused of not being …
Article • March 15, 2011 • from PLN March, 2011
Prisoner Labor Used to Clean Up BP Oil Spill by Matthew Clarke by Matt Clarke On April 20, 2010, an explosion on Deepwater Horizon, an offshore drilling platform in the Gulf of Mexico, killed 11 workers. The accident resulted in an oil spill that leaked oil into the gulf for …
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