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Article • March 15, 2011
$1,000 Jury Award in Indiana Negligence Claim Arising from Prisoner’s Assault by An Indiana state jury awarded $1,000 to a prisoner for injuries sustained in a prisoner-on-prisoner assault. The jury’s award was for a state law negligence claim, but the jury found for the defendants on the civil rights claim. …
Article • March 15, 2011 • from PLN March, 2011
Ohio Governor Spares Death Row Prisoner, Cites Problems with Evidence by Derek Gilna Kevin Keith, 46, on Ohio’s death row for murdering two women and a 4-year-old child, and scheduled for execution on September 15, 2010, was spared by Ohio Governor Ted Strickland. In commuting the death penalty portion of …
Article • March 15, 2011 • from PLN March, 2011
U.S. Supreme Court: No Federal Habeas Relief for California Lifer Parole Denials by John Dannenberg by John E. Dannenberg In a unanimous per curiam opinion, the U.S. Supreme Court (USSC) summarily reversed rulings by the Ninth Circuit Court of Appeals in two California parole cases in which the Ninth Circuit …
$373,000 Settlement in New York City Juvenile Facility “Building Tenders” Suit by Brandon Sample Echoing the violence of the Texas prison system during the 1970s where prisoners guarded other prisoners under an abusive practice known as the “building tenders” system, the City of New York has agreed to pay $373,000 …
Article • March 15, 2011 • from PLN March, 2011
Filed under: Medical, Medication, Malpractice
Disgraced Doctor Good Enough for Texas Prisoners by Matthew Clarke by Matt Clarke In 2006, Anita Goodman lost her 31-year-old son Aaron to an overdose of prescription medication as a wave of similar deaths rolled through Harris, Jefferson and Orange Counties in Southeast Texas. Aaron picked up a prescription drug …
New Mexico Corrections Secretary Lets Private Prison Firms Skate on Understaffing, Forgoes $18.6 Million in Fines by Matthew Clarke by Matt Clarke Former New Mexico Corrections Secretary Joe R. Williams did not pursue contractual penalties against Corrections Corporation of America (CCA) or GEO Group despite chronic understaffing by the two …
California Prison Officials Pay $10,000 to Settle Prisoner’s Retaliation, Conditions Suit by In April 2010, California state prisoner Charles Chatman accepted an offer of judgment from the defendant prison officials he had sued in federal court for allegedly retaliating against him in violation of the First Amendment because he filed …
Article • March 15, 2011 • from PLN March, 2011
BOP’s Furlough Notification Policy Not to be Addressed for Seven Years by Derek Gilna A September 2010 report by the Office of the Inspector General of the U.S. Department of Justice cast light on deficiencies with the Bureau of Prisons’ (BOP) furlough policy, and in doing so inadvertently highlighted the …
Continuing Violation Doctrine Applies to Deliberate Indifference in New York by The Second Circuit Court of Appeals has held that the continuing violation doctrine applies to a New York prisoner’s deliberate indifference claim under the Eighth Amendment. Jose J. Shomo was confined by the New York City Department of Corrections …
Fifth Circuit Holds Texas Parole Revocation Witness Denial Violates Due Process by The Fifth Circuit Court of Appeals has held that the Texas Board of Pardons and Paroles (BPP) failed to comport with the due process requirements of Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593 (1972) when it …
Article • March 15, 2011 • from PLN March, 2011
Dismissal for Failure to Effect Service Reversed in Florida Failure to Protect Suit by The Eleventh Circuit Court of Appeals has held that as long as a court-appointed agent to serve summons for a prisoner-litigant acting pro se can locate the prison guard-defendant with reasonable effort, prisoner-litigants who provide enough …
Article • March 15, 2011 • from PLN March, 2011
Massachusetts: Wrongful Conviction Suit Settled for $3.25 Million by The City of Boston has agreed to pay $3.25 million to settle a lawsuit filed by a man who was wrongfully convicted and imprisoned for 18 years for a series of rapes he did not commit. Ulysses Charles was convicted in …
Article • March 15, 2011 • from PLN March, 2011
Class Action Certified in California Federal Civil Rights Suit Against TransCor by On February 16, 2010, a California U.S. District Court certified a class action lawsuit against Nashville, Tennessee-based private prison transport company TransCor America for transporting prisoners more than 24 continuous hours without giving them an opportunity to rest …
Article • March 15, 2011 • from PLN March, 2011
Filed under: Private Prisons
Towns Defaulting on Prison and Jail Bonds by Matthew Clarke by Matt Clarke Municipal bonds have long been considered a safe investment. However, recent defaults on bonds used to pay for the construction of privately-run prisons and jails have investors worried about losing their capital, and towns worried about their …
Article • March 15, 2011 • from PLN March, 2011
$100,000 Settlement in Nebraska Jail Prisoner Suicide Suit by Sheridan County, Nebraska has agreed to pay $100,000 to the estate of a prisoner who committed suicide while at the Sheridan County Jail. Jay Spotted Elk hung himself with a belt in his cell after being arrested on a misdemeanor charge …
Article • March 15, 2011 • from PLN March, 2011
PLN and HRDC Win Consent Judgment Against Louisiana Sheriff in Censorship Case by On May 18, 2010, Prison Legal News (PLN) and its parent organization, the Human Rights Defense Center (HRDC), won another battle against censorship by prison and jail officials. In 2009, PLN and HRDC sued Jack A. Stephens, …
Florida: Cost Savings and Benefits of Prison Privatization Non-Existent by David Reutter by David M. Reutter “Florida’s experience with privatized prisons raises serious questions about whether the taxpayers are getting their money’s worth,” concludes an April 2010 policy brief report released by the Florida Center for Fiscal and Economic Policy. …
Tennessee: Private Prison Guards Considered “Public Servants” by Employees of Corrections Corporation of America (CCA), the nation’s largest for-profit prison company, are public servants within the meaning of Tennessee’s criminal code. In July 2008, CCA guards David Gilliam and Joe Edward McCown III, who worked at the Hamilton County Workhouse …
Article • March 15, 2011 • from PLN March, 2011
Texas Audits Private Prison and Substance Abuse Treatment Contract Monitoring by Matthew Clarke by Matt Clarke In March 2010, the Texas State Auditor’s Office released a report on a performance audit of the Private Facilities Contract Monitoring and Oversight Division (PFCMOD). The PFCMOD monitors private prisons and private substance abuse …
Article • March 15, 2011 • from PLN March, 2011
Short-Lived Class Action Lawsuit Filed Against Global Tel*Link in California, Then Secretly Settled by Michael Brodheim by Mike Brodheim Sick and tired of being gouged by high prison phone rates, Nadia Alvarez and Rachel Fishenfeld, two California residents, filed a consumer class action suit against Global Tel*Link (GTL) in August …
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