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Arevalo v. Hennessy, CA, Opinion, Pretrial Detention, 2018
Brief • February 9, 2018
Filed under: Fourteenth Amendment, rights, Remands, Bail/Pretrial Release
Arevalo v. Hennessy, CA, Opinion, Pretrial Detention, 2018 FILED FOR PUBLICATION FEB 9 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ERICK AREVALO, No. Petitioner-Appellant, 17-17545 D.C. No. 4:17-cv-06676-HSG v. OPINION VICKI HENNESSY, Sheriff of San Francisco, Respondent-Appellee. Appeal from …
Graves v. Penzone, AZ, Ptf. Reply in Support of Motion to Re-Open Discovery, Jail Conditions and Care, 2018
Brief • February 9, 2018
Filed under: Conditions of Confinement, Jail Specific, PLRA, Mental Health
Graves v. Penzone, AZ, Ptf. Reply in Support of Motion to Re-Open Discovery, Jail Conditions and Care, 2018 Case 2:77-cv-00479-NVW Document 2447 Filed 02/09/18 Page 1 of 12 1 2 3 4 5 6 Gabriel B. Eber (admitted pro hac vice) Eric Balaban (admitted pro hac vice) ACLU National Prison …
Public Records in Private Accounts Subject to PRA Disclosure
Article • February 8, 2018
Filed under: Freedom of Information Act
Public Records in Private Accounts Subject to PRA Disclosure by David Reutter The Vermont Supreme Court held that “public records” under the Public Records Act (PRA) include any documents generated in the course of public agency business, even if the record is stored in a private account. The court held …
FOIL Exemption Applies to Civil and Criminal Law Enforcement
Article • February 8, 2018
Filed under: Civil Procedure, Freedom of Information Act, Criminal Procedure
FOIL Exemption Applies to Civil and Criminal Law Enforcement by David Reutter by David Reutters A New York appellate court held that the New York State Education Department correctly redacted or exempted public records compiled for auditing special education costs because they were compiled for civil law enforcement purposes. The …
ND DOC Immune Claims of Injury Suit Unless Act Intentional
Article • February 8, 2018
Filed under: Immunity/Liability, Employee Litigation
ND DOC Immune Claims of Injury Suit Unless Act Intentional by David Reutter by David Reutter The North Dakota Supreme Court held the North Dakota Department of Corrections (NDDOC) is immune from litigation unless an employee injury is due to intentional act of conscious purpose. Delmar Markel was a guard …
Sufficient Facts for Discrimination Hearing
Article • February 8, 2018
Filed under: Deaf Prisoners, Conditions of Confinement, Americans with Disabilities Act, Telephone Access
Sufficient Facts for Discrimination Hearing by David Reutter by David Reutter A Colorado federal district court held that deaf prisoners and prisoners in contact with deaf persons alleged sufficient facts to survive dismissal of the Americans with Disabilities Act claim. The court said the prison’s archaic, faulty communication system for …
Washington DOC Not Subject to Absolute Immunity from All Litigation
Article • February 8, 2018
Filed under: Immunity/Liability
Washington DOC Not Subject to Absolute Immunity from All Litigation by David Reutter A Washington state court of appeals held that the Department of Corrections (DOC) is not automatically subject to any immunity from litigation against actions outside their quasi-judicial function. Nonetheless, its officers do not owe a duty to …
Colorado Supreme: No Presentence Confinement Credit
Article • February 8, 2018
Colorado Supreme: No Presentence Confinement Credit by David Reutter The Colorado Supreme Court concluded that Section 18-1.3-405, C.R.S. (2017) prevents the award of presentence confinement credit (PSCC) in cases involving multiple charges or jurisdictions unless the case under review is the sole cause for detention and the prisoner would have …
Organizations Acting as Government Subject to Public Records, Open Meetings Laws
Article • February 8, 2018
Filed under: Open Meetings, Public Records
Organizations Acting as Government Subject to Public Records, Open Meetings Laws by David Reutter by David Reutter A Tennessee Court of Appeals reversed a trial court’s decision that the Jefferson County Economics Development and Oversight Committee, Inc. (EDOC) is not subject to provisions of the State Public Records and Open …
Dallas Teens Have Sex in Jail
Article • February 8, 2018
Filed under: Conditions of Confinement, Overcrowding, Jail Specific, Failure to Protect (Staff)
Dallas Teens Have Sex in Jail by Edward Lyon by Edward B. Lyon Juvenile males detained in the Medlock Youth Treatment Center began outcrying to therapists in April 2017 about sexual activities there. The lead outcrier reported multiple acts, including oral sex, spanning November-April 2017, including at least five 13-17 …
ND Supreme: 6-Month Sentence for Contempt Binding
Article • February 8, 2018
Filed under: Contempt (Civil Procedure)
ND Supreme: 6-Month Sentence for Contempt Binding by David Reutter by David Reutter The North Dakota Supreme Court held that N.D.C.C. 27-10-01.4(1)(b) prohibits a prisoner’s incarceration for contempt of court for more than six months where no specific extension was ordered by the district court or referees. Tricia Taylor was …
Cheese Made Using Prison Labor Cut from Whole Foods
Article • February 8, 2018
Filed under: Prison Labor
Cheese Made Using Prison Labor Cut from Whole Foods by Christopher Zoukis by Christopher Zoukis Chuck Hellmer had a problem. His upscale goat cheese company, Haystack Mountain, was selling cheese to Whole Foods, but he couldn't find a reliable source of goat milk. Without the milk, he would be unable …
$750,000 Settlement After Opioid Withdrawal Death in Kentucky Jail
Article • February 8, 2018
Filed under: Drug/Alcohol Withdrawal, Failure to Treat, Jail Specific
$750,000 Settlement After Opioid Withdrawal Death in Kentucky Jail by David Reutter by David M. Reutter Opioid addiction has reached epidemic proportions. Handling withdrawal from those drugs is something that many jails are unprepared to handle. Kentucky’s Mason County Detention Center (MCDC) was so unprepared that it allowed Jenny Fulton, …
Chaverra v. U.S. Immigration and Customs Enforcement, DC, Complaint, 2018
Brief • February 8, 2018
Filed under: Immigration, Wrongful Death
Chaverra v. U.S. Immigration and Customs Enforcement, DC, Complaint, 2018 Case 1:18-cv-00289 Document 1 Filed 02/08/18 Page 1 of 18 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA Gilberto Rodriguez CHAVERRA, as the Administrator of the Estate of Jeancarlo Alfonso Jimenez Joseph, A-204-603-723 2920 Maidenhair Drive Raleigh, North Carolina 27610 ) …
State of Oregon v. Villagomez, OR, Opinion, Sentencing for Drug Conviction, 2018
Brief • February 8, 2018
Filed under: Sentencing, Drug Laws/Offenses
State of Oregon v. Villagomez, OR, Opinion, Sentencing for Drug Conviction, 2018 390 February 8, 2018 No. 5 IN THE SUPREME COURT OF THE STATE OF OREGON STATE OF OREGON, Petitioner on Review, v. JOSE ROBERTO FIERRO VILLAGOMEZ, Respondent on Review. (CC 13CR08907; CA A156397; SC S064507) On review from …
Tardik v. City of New York, NY, Memo in Opp. to Def's Motion in Limine, Seizure in Police Custody, 2018
Brief • February 8, 2018
Filed under: Seizures, Police, Arrest Warrants, Evidence - Admissibility
Tardik v. City of New York, NY, Memo in Opp. to Def's Motion in Limine, Seizure in Police Custody, 2018 Case 1:13-cv-04056-KMW-KNF Document 260 Filed 02/06/18 Page 1 of 34 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------MARY M. TARDIF, Plaintiff, 13-civ-4056 (KMW)(KNF) -againstCITY OF NEW YORK, NEW …
Torres v. Tatum, NM, Appeal, Double Jeopardy, 2018
Brief • February 8, 2018
Filed under: Double jeopardy, Fifth Amendment
Torres v. Tatum, NM, Appeal, Double Jeopardy, 2018 1 IN THE SUPREME COURT OF THE STATE OF NEW MEXICO 2 Opinion Number: 3 Filing Date: February 8, 2018 4 NO. S-1-SC-35477 5 STATE OF NEW MEXICO, 6 Plaintiff-Appellee, 7 v. 8 NOE TORRES, 9 Defendant-Appellant. 10 APPEAL FROM THE DISTRICT …
Hernandez v. Mills, IL, Settlement, Medical Neglect, 2019
Brief • February 8, 2018
Filed under: Wexford Health Services, Systemic Medical Neglect, Cardiovascular, Stroke, Failure to Treat
Hernandez v. Mills, IL, Settlement, Medical Neglect, 2019 PW(b'." . e,,, 1\! i _ 1 .,.•.- •• . 1 : -.~. Case # (- 17-CV-871 Plaintiffs: _r~ ~~:~t. , lnfo~mation Sheet for Case Number , _; Official Case # 17-871 • ..._.. ·1::... ;,; . _, _ 7 -~·- .~ …
Wilborn v. Ealey, IL, Opinion, Excessive Force, Failure to Treat, 2018
Brief • February 7, 2018
Filed under: Failure to Treat, Failure to Protect (General), Eighth Amendment, Excessive Force, Guard Brutality/Beatings, Failure to Protect (Staff)
Wilborn v. Ealey, IL, Opinion, Excessive Force, Failure to Treat, 2018 In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-2106 JOSEPH WILBORN, Plaintiff-Appellant, v. DAVID EALEY, et al., Defendants-Appellees. ____________________ Appeal from the United States District Court for the Southern District of Illinois No. 13-cv-70 …
PLN quoted on privatized food services in Michigan prisons
In-the-News Article • February 7, 2018
PLN quoted on privatized food services in Michigan prisons Feb. 7, 2018 Articles with PLN Quotes Metro Times (MI) Michigan may stop using private food vendors in its prisons Posted By Tom Perkins on Wed, Feb 7, 2018 at 12:07 pm   Michigan may stop using private food vendors to provide food service in prisons kitchens …
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