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WA: Court Affirms Dismissal of DOC Worker's Malpractice Suit Against Attorney for Allowing Statute of Limitations to Expire

Article • December 13, 2017

Filed under: Malpractice (Attorneys), Limitations

WA: Court Affirms Dismissal of DOC Worker's Malpractice Suit Against Attorney for Allowing Statute of Limitations to Expire by On March 10, 2016, Division III of the Washington Court of Appeals upheld the dismissal of a lawsuit filed a state department of corrections (DOC) worker who had sued an attorney …

WA: Jail Phone Conversations Not Private, May Be Used By Prosecutors

Article • December 13, 2017

Filed under: Jail Specific, Privacy Act, Telephone Monitoring

WA: Jail Phone Conversations Not Private, May Be Used By Prosecutors by On July 25, 2016, the Washington State Court of Appeals,  Division One, held that neither a prisoner or the person on the other end of the phone have an expectation of privacy in a jail phone call and …

Despite Opposition, California Governor Moves to Reduce Prison Terms

Article • December 13, 2017

Filed under: Sentencing

Despite Opposition, California Governor Moves to Reduce Prison Terms by Matthew Clarke by Matt Clarke When California Governor Jerry Brown announced his intention of getting a voter initiative to reduce the length of time nonviolent prisoners would spend in prison onto the ballot, it engendered opposition ... and a sense …

Manning v Powers PI Order 2017

Brief • December 13, 2017

Manning v Powers PI Order 2017 Case 2:17-cv-07832-DDP-GJS Document 47 Filed 12/13/17 Page 1 of 17 Page ID #:445 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 13 SHERMAN MANNING, an individual, 14 Plaintiff, 15 16 17 18 …

James v. LaCroix, LA, Settlement, SHU Understaffing, 2017

Brief • December 13, 2017

Filed under: Failure to Protect (General)

James v. LaCroix, LA, Settlement, SHU Understaffing, 2017 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERNDISTRICT OF LOUISIANA ALEXANDRIA DIVISION Rashod L. James, Plaintiff v. Officer Lacroix, M.D. Carvajal, and the United States, Defendants. ) ) ) ) ) ) ) ) ) ) Civil Action No. 16CV00138 STIPULATION …

Solitary at Southport (Correctional Association of New York)

Publication • December 13, 2017

Filed under: Guard Brutality/Beatings, Control Units/SHU/Solitary Confinement

Solitary at Southport (Correctional Association of New York) Solitary at Southport SOLITARY AT SOUTHPORT A 2017 Report based upon the Correctional Association’s Visits, Data Analysis, & First-Hand Accounts of the Torture of Solitary Confinement from One of New York’s Supermax Prisons 1 Solitary at Southport “Caging animals for years is …

Continued Action Needed to Address Incarceration Challenges and Offendors' Reentry

Publication • December 13, 2017

Filed under: Prison Reform

Continued Action Needed to Address Incarceration Challenges and Offendors' Reentry United States Government Accountability Office Testimony Before the Committee on Oversight and Government Reform, House of Representatives For Release on Delivery Expected at 10:00 a.m. ET Wednesday, December 13, 2017 DEPARTMENT OF JUSTICE Continued Action Needed to Address Incarceration Challenges …

Fourth Circuit Allows Abu Ghraib Torture Suit to Move Forward

Article • December 12, 2017

Filed under: War on Terror, Terrorism

Fourth Circuit Allows Abu Ghraib Torture Suit to Move Forward by Christopher Zoukis The United States Court of Appeals for the Fourth Circuit has reversed a district court's ruling that a war crimes lawsuit brought by Iraqi nationals allegedly tortured by military contractors in 2003 and 2004 cannot go forward. …

New York Top Court Invalidates Local Laws Restricting Sex Offender Residency

Article • December 12, 2017

Filed under: Sex Offender Registration, Sex Offender Residence

New York Top Court Invalidates Local Laws Restricting Sex Offender Residency by Christopher Zoukis By Christopher Zoukis The New York Court of Appeals has ruled that efforts by local governments to restrict where sex offenders may reside in New York are preempted by state law, rendering them invalid. The court …

Injunction Requiring Kosher Diet in Florida Prisons Vacated by Eleventh Circuit

Article • December 12, 2017

Filed under: Food, Religious Freedom, Religious Diet

Injunction Requiring Kosher Diet in Florida Prisons Vacated by Eleventh Circuit by Christopher Zoukis By Christopher Zoukis In an unusual opinion based on an issue completely missed by the parties, the United States Court of Appeals for the Eleventh Circuit has vacated an injunction that required the State of Florida …

Seventh Circuit: Falsely Accused Man, Conviction Expunged, Cannot Sue Anonymously

Article • December 12, 2017

Filed under: Wrongful Conviction, Wrongful Imprisonment

Seventh Circuit: Falsely Accused Man, Conviction Expunged, Cannot Sue Anonymously by Christopher Zoukis By Christopher Zoukis The United States Court of Appeals for the Seventh Circuit has ruled that a man who was falsely accused of a crime and later had his record expunged cannot sue for malicious prosecution anonymously. …

New Food Vendor, Same Old Problems in Michigan Prisons

Article • December 12, 2017

Filed under: Food

New Food Vendor, Same Old Problems in Michigan Prisons by David Reutter A new food contractor maintained relative peace for the first few months, but in the face of poor meals, Michigan prisoners have staged a protest. As PLN reported, the Michigan Department of Corrections (MDOC) was forced in 2015 …

Vermont Supreme Court: Miranda Warning Not Necessary When Probation Officer Questions Probationer about Criminal Activity

Article • December 12, 2017

Filed under: Probation

Vermont Supreme Court: Miranda Warning Not Necessary When Probation Officer Questions Probationer about Criminal Activity by Christopher Zoukis By Christopher Zoukis The Vermont Supreme Court has ruled that a person on "furlough," a heightened version of parole in Vermont, has no right to a Miranda warning prior to questioning by …

Health Care Crisis Declared at Florida Women’s Reception Center; Voids Contract

Article • December 12, 2017

Filed under: Corizon, Medical

Health Care Crisis Declared at Florida Women’s Reception Center; Voids Contract by David Reutter by David M. Reutter Florida’s Correctional Medical Authority (CMA) declared a health care emergency at the Florida Women’s Reception Center (FWRC).  The crisis at FWRC is just another red flag since Florida officials privatized it in …

Efforts to End “Scourge of Money Bail” Meeting with Success

Article • December 12, 2017

Filed under: Bail, Bail Bonds

Efforts to End “Scourge of Money Bail” Meeting with Success by David Reutter By David M. Reutter The initiative by Equal Justice Under Law to end the incarceration pending trial of persons too poor to post bail is reaping positive outcomes.  Each day, there are about 500,00 human beings who …

Choquette v. DuVall, WA, Report-Recommendation, Medication Revoked, 2017

Brief • December 12, 2017

Filed under: Medication, Failure to Treat, Eighth Amendment

Choquette v. DuVall, WA, Report-Recommendation, Medication Revoked, 2017 Case 3:15-cv-05838-BHS-JRC Document 108 Filed 12/12/17 Page 1 of 18 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 ETIENNE L. CHOQUETTE, Plaintiff, 11 12 13 14 CASE NO. 3:15-cv-05838-BHS-JRC REPORT …

Silverman v. County of Los Angeles, CA, Request for Dismissal, Sexual Harassment, 2017

Brief • December 12, 2017

Filed under: Supervisor-Staff Harassment, Prosecutor/Attorney General Misconduct, Attorney Misconduct

Silverman v. County of Los Angeles, CA, Request for Dismissal, Sexual Harassment, 2017 "- ... ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, a n d ~ } : W. SMITH .....GREGORY DIANA WANG WELLS FOR COURT USE ONLY {SBN 134385) (SBN 284215)/LEILA K. AL FAIZ (SBN 284309} LAW …

Man Wrongly Imprisoned on Death Row for 28 Years May Sue Ohio

Article • December 11, 2017

Filed under: Wrongful Conviction, Wrongful Imprisonment, Death Row

Man Wrongly Imprisoned on Death Row for 28 Years May Sue Ohio by Dale Johnston was convicted of murdering his stepdaughter and her boyfriend and sentenced to death. The decision of a three-judge panel in 1984 was based in part on testimony from a hypnotized witness. He always denied having …

Congress Exempts from Taxation Awards to Wrongfully Convicted

Article • December 11, 2017

Filed under: Wrongful Conviction, Wrongful Imprisonment, Money/Property, Restitution

Congress Exempts from Taxation Awards to Wrongfully Convicted by Derek Gilna by Derek Gilna Congress has passed the wrongful Conviction Tax Act of 2015 with votes from both sides of the aisle, exempting the damage awarded granted the wrongfully convicted from federal tax liability.   According to the Innocence Project, a …

Private Prison Profits Drive Increase in Immigrant Detentions

Article • December 11, 2017

Filed under: Private Prisons, Immigration

Private Prison Profits Drive Increase in Immigrant Detentions by Derek Gilna by Derek Gilna Although most of the discussion in the past several months has been the continuing decrease in the number of prisoners in the federal Bureau of Prisons (BOP) to slightly more than 200,000, the Department of Homeland …