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Article • December 19, 2017
$841,000 to Settle Negligent Medical Care Case by Christopher Zoukis by Christopher Zoukis A federal tort claim brought against the federal government, the Bureau of Prisons, and several medical and administrative officials for negligent medical care leading to a prisoner’s brain damage and death settled for $841,000 in May 2015. …
Report Finds Texas Prison Staff Often Ignore Reports of Prison Rape by Matthew Clarke by Matthew Clarke In November 2016, the Texas Association Against Sexual Assault and the Prison Justice League (PJL) published a report on sexual assaults in Texas prisons. The report concluded that Texas has failed to stem …
Article • December 19, 2017
Filed under: Mandamus, Parole Conditions
Ohio Supreme Court Holds That Longer Second Continuance on Parole Eligibility Is Not Proof of Punitive Action by David Reutter by David Reutter The Ohio Supreme Court held that an Ohio prisoner's mandamus, alleging that the Ohio Department of Rehabilitation and Corrections (ODRS) failed to comply with its clear legal duty …
Article • December 19, 2017
$5001 Jury Award to Illinois Prisoner in Harassment and Conspiracy Suit by David Reutter by David Reutter   An Illinois federal jury awarded $50,001.00 in damages to the plaintiff in a lawsuit alleging First and Fourteenth Amendment violations related to abuse and harassment of the plaintiff. On April 2, 2017, …
Article • December 19, 2017
Testimony of Expert Witness Excluded by David Reutter by David Reutter A Louisiana federal district court excluded the expert testimony of Dr. David Thomas in a class action brought by Louisiana prisoners who alleged substandard medical care. Joseph Lewis, Jr. sued the Louisiana State Penitentiary (Angola) alleging violations of his …
Article • December 19, 2017
District Court Held IFP Not Available on Appeal of Third Strike by David Reutter by David Reutter The Third Circuit Court of Appeal denied an indigent prisoner's motion to proceed forma pauperis (IFP) on appeal from dismissal of a third frivolous civil complaint. The court held that the denial was …
Article • December 19, 2017
$320,000 Settlement in Wrongful Imprisonment Case by Christopher Zoukis by Christopher Zoukis A federal lawsuit alleging wrongful arrest and imprisonment by the LAPD settled for $320,000 on January 16, 2007. The case involved the murder of 16-year-old Martha Puebla, who was shot and killed outside her Sun Valley, California home. Puebla …
Plascencia v. United States of America, ICE, et al., CA, complaint, wrongful detention, 2017 Case 5:17-cv-02515 Document 1 Filed 12/19/17 Page 1 of 28 Page ID #:1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Douglas A. Axel, (SBN 173814) daxel@sidley.com …
Brief • December 18, 2017
Garcia v. County of Los Angeles, CA, Complaint, Wrongful Death (Negligent Police Shooting), 2017 l PANISH SHEA & BOYLE LLP BRIAN J. PANISH, State Bar No. 116060 2 panish(@psblaw.com THOMAS. A SCHULTZ, State Bar No. 149578 3 schultz@psblaw.com JOHN W. SHALLER, State Bar No. 276084 4 shaller@psblaw.com 11111 Santa Monica …
Brief • December 18, 2017
Parada De Turcios v. County of Los Angeles, CA, Request and Order for Dismissal, Negligence (Motor Vehicle), 2017 CIV-110 ATTORNEY OR PARTf WITHOUT ATTORNEY: STATE BAR NO: Mark A. Anderson, Esq. KUZYK LAW, LLP STREET ADDRESS: 1700 West Avenue K, Suite 101 c1w Lan caster TELEPHONE NO.: (661) 945-6969 263655 …
Anderson v. County of Contra Costa, CA, Settlement, Wrongful Death - Medical Neglect, 2017 ,. f FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT This Full and Final Release and Settlement Agreement ("Agreement") is entered into as of the date it is fully executed by the parties hereto, as defined below, …
In-the-News Article • December 15, 2017
PLN quoted about private prisons ... in Italian Dec. 15, 2017 Articles with PLN Quotes il Caffe (Italy) Quando il carcere è un affare privato   MARTA VALIER DA LOS ANGELES Il giorno dopo l’elezione di Donald Trump il settore delle prigioni private era in festa. Finalmente, dopo un’estate trascorsa …
Second Chance Reforms 2017 CCRC Limiting Second Chance Reforms in 2017 Roundup of new expungement and restoration laws December 2017 COLLATERAL CONSEQUENCES RESOURCE CENTER The Collateral Consequences Resource Center is a non-profit organization established in 2014 to promote public discussion of the collateral consequences of conviction, the legal restrictions and …
Virginia Mentally-Ill Man’s Death by Deterioration in Jail Cell Exhibits Policy Failures by David Reutter by David M. Reutter The death of a mentally-ill Virginia man jailed on a misdemeanor and confined in isolation while awaiting transfer to a psychiatric hospital exhibits the folly of current policies in dealing with …
Article • December 14, 2017
Deference to Prison Officials Jury Instruction Improper in Medical Care Case by The Ninth Circuit Court of Appeals issued an opinion in a prisoner’s civil rights action that made significant holdings in regards to jury instructions. First, it held that when a pro se litigant fails to object to a …
Article • December 14, 2017
Filed under: War on Terror, Terrorism, FBI
D.C. Circuit Holds Bivens Not Available for Extraterritorial Incidents by On October 23, 2015, the Court of Appeals for the D.C. Circuit held that a man who had been detained, interrogated and tortured for four months in three African countries by and with the consent of FBI agents could not …
Article • December 14, 2017
Changes to California’s Parole Scheme Not Unconstitutional by The Ninth Circuit Court of Appeals held the most recent voter approved changes to California’s parole laws do not violate the ex post facto clause. In 1988, California voters passed proposition 89, which amended the California constitution to grant the governor the …
Article • December 14, 2017
Texas Court of Appeals Upholds Dismissal of Suit Against Parole Board by Matthew Clarke by Matt Clarke On February 23, 2016, a Texas court of appeals upheld the dismissal of a lawsuit brought against a parole board member and two parole commissioners. John Henry Boykin, a Texas state prisoner, filed …
Article • December 14, 2017
Texas Court of Appeals Dismisses Prisoner's Petition for a Writ of Injunction by Matthew Clarke by Matt Clarke On March 9, 2016, a Texas court of appeals dismissed a prisoner's writ of injunction because the prisoner had no other proceeding in that court. Tracey W. Murphy, a Texas state prisoner, …
Article • December 14, 2017
Oregon Habeas Cognizable to Challenge Florida Confinement Under ICC by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that prisoners incarcerated in other states under the Interstate Corrections Compact (ICC) may challenge the conditions of their confinement in Oregon habeas corpus actions against Oregon prison officials. In …
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