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Article • January 31, 2018 • from PLN February, 2018
Ninth Circuit Reinstates Prisoner’s Excessive Force Suit by On April 27, 2017, the Ninth Circuit Court of Appeals vacated a district court’s dismissal of a prisoner’s federal civil rights lawsuit alleging excessive use of force by a guard. The case had been dismissed for non-exhaustion of administrative remedies, but the …
Article • January 31, 2018 • from PLN February, 2018
$11.5 Million Awarded in Suits Over Wisconsin Jailer’s Sexual Assaults by Matthew Clarke by Matt Clarke On February 3, 2017, a jury in Madison, Wisconsin awarded two women $11.5 million in the first two of five federal lawsuits brought by former Polk County jail prisoners who were sexually abused by …
Article • January 31, 2018 • from PLN February, 2018
Ohio Experiences Continued Problems with Aramark by Christopher Zoukis by Christopher Zoukis The Ohio Department of Rehabilitation and Correction (ODRC) over­paid food service giant Aramark $57,193 for food provided to nonexistent prisoners, investigators found. The overpayment was uncovered by the state Office of the Inspector General (OIG). According to a …
Article • January 31, 2018 • from PLN February, 2018
Poor and Mentally Ill Languish in Mississippi Jails for Months or Years Awaiting Indictments by David Reutter by David M. Reutter Some people arrested on felony charges in Mississippi face months, a year or even longer in jail before they are indicted. Some are never indicted before their release. All …
Article • January 31, 2018 • from PLN February, 2018
Lawsuit Alleges Inadequate BOP Mental Health Treatment in SMU by David Reutter by David M. Reutter A federal class-action suit filed in June 2017 paints the U.S. Penitentiary at Lewisburg, Pennsylvania essentially as a solitary confinement warehouse filled with prisoners who suffer from serious mental illness. The suit alleges that …
Article • January 31, 2018 • from PLN February, 2018
Missouri Supreme Court: Restitution Must be for Losses “Due to” Crime of Conviction by The en banc Missouri Supreme Court held that a trial court may order restitution only for “losses ‘due to’ the offense for which the defendant has been found (or pleaded) guilty.” Under Mo. Rev. Stat. 559.105.1, …
Stipulation to Admit Video Created Error When Video Was Excluded at Trial by On July 14, 2017, the Seventh Circuit Court of Appeals remanded a civil rights action for a new trial after it found the exclusion of a video left it with “no assurance that [the plaintiff’s] claim was …
Article • January 31, 2018 • from PLN February, 2018
Class Certified in Lawsuit Alleging Flaws in Illinois’ Prison Healthcare System by In April 2017, an Illinois federal district court certified a civil rights class-action consisting of “all prisoners in the custody of Illinois Department of Corrections [IDOC] with serious medical or dental needs.” The suit seeks injunctive relief from …
Article • January 31, 2018 • from PLN February, 2018
Co-pays Deter Prisoners from Accessing Medical Care by Christopher Zoukis by Christopher Zoukis More than four decades have passed since Estelle v. Gamble, the 1976 U.S. Supreme Court ruling which held prisoners cannot be denied necessary medical care under the Eighth Amendment. But when cash-strapped state Departments of Corrections charge …
Pennsylvania: $20,000 Settlement for Prisoner’s ADA Claim by A lawsuit alleging violations of the Americans with Disabilities Act (ADA) and Rehabilitation Act led the Pennsylvania Department of Corrections (PDOC) to pay $20,000 and agree to provide “reasonable therapy or reasonable accommodation” to prisoner Donald Scott. Scott suffered a severe stroke …
Article • January 31, 2018 • from PLN February, 2018
Filed under: Overdetention, Immigration
Virginia: Undocumented Immigrant Receives $12,000 Settlement for Overdetention by David Reutter by David M. Reutter In May 2017, the sheriff’s office in Henrico County, Virginia entered into a $12,000 settlement to resolve a lawsuit alleging an undocumented immigrant was held in jail beyond his scheduled release date. Following his arrest …
Article • January 31, 2018 • from PLN February, 2018
$7.9 Million Award Against New York County and Medical Contractor in Jail Suicide Case by A New York federal jury awarded $7.9 million to the estate of Bartholomew Ryan, 32, who committed suicide at the Nassau County Jail. The jury found the county and its medical contractor, Armor Correctional Health …
Article • January 31, 2018 • from PLN February, 2018
Estimated 10.35 Million Prisoners Worldwide, Three Million in Pre-trial Detention by Derek Gilna by Derek Gilna The Institute of Criminal Policy Research (ICPR), part of the Birkbeck University of London, has collected statistics that indicate approximately three million people were held in pre-trial/remand detention worldwide as of the end of …
Article • January 31, 2018 • from PLN February, 2018
Clock is Ticking on Understaffing in Florida’s Prison System by David Reutter by David M. Reutter Increases in use-of-force incidents, violence and disturbances in Florida prisons have been blamed on understaffing, a problem ticking like a time bomb in the Florida Department of Corrections (FDOC). Guards employed by the FDOC, …
Article • January 31, 2018 • from PLN February, 2018
Eighth Circuit Upholds $1.25 Million Jury Award for Missouri Prisoner’s Death by Matthew Clarke by Matt Clarke On June 22, 2017, the Eighth Circuit Court of Appeals upheld a jury award of more than $1.25 million in a lawsuit over a Missouri prisoner’s death. Danial Letterman was held at the …
Oregon County Pays $1.1 Million for Death of Detainee Mocked by Guards by "Deschutes County has paid what appears to be the largest settlement or verdict against a governmental entity for jail abuse, neglect or death ever in Oregon,” said attorney Jennifer Coughlin, referring to the $1,025,000 settlement she accepted …
Article • January 31, 2018 • from PLN February, 2018
Indiana Jail’s Overdetention of Pretrial Detainees Erroneously Denied Class-action Status by The Seventh Circuit Court of Appeals reversed an Indiana federal district court’s denial of class-action status for a subclass in a civil rights action alleging that the policies and practices of the Marion County Sheriff’s Office caused pretrial detainees …
Lawsuits Challenge Treatment of Pregnant Prisoners at Milwaukee County Jail by Matthew Clarke by Matt Clarke Five women who served time at Wisconsin’s Milwaukee County jail have filed lawsuits against the county and former Sheriff David Clarke, Jr., alleging mistreatment while they were pregnant – including shackling, the death of …
Article • January 31, 2018 • from PLN February, 2018
Filed under: Civil Procedure
Ninth Circuit: Washington Civil Rights Suit Not Tolled by State Presentment Statute by Lonnie Burton by Lonnie Burton On April 7, 2017, the Court of Appeals for the Ninth Circuit reversed a district court’s denial of a motion to dismiss filed by county defendants who asserted that a former prisoner’s …
Article • January 31, 2018 • from PLN February, 2018
Arkansas Conducts Four Executions in One Week Due to Expiring Lethal Injection Drugs by David Reutter by David M. Reutter As its lethal injection drug supply neared expiration last year, Arkansas embarked upon the most ambitious death penalty plan since capital punishment was revived by the Supreme Court in 1976: …
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