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Article • October 3, 2016 • from PLN October, 2016
Sixth Circuit Vacates Denial of Qualified Immunity; Each Defendant’s Conduct Must be Individually Evaluated by Mark Wilson The Sixth Circuit Court of Appeals has vacated a district court’s denial of qualified immunity because an individualized inquiry into the defendants’ role during an illegal body cavity search was not conducted. Felix …
Article • October 3, 2016 • from PLN October, 2016
U.S. Office of Special Counsel Assists BOP Whistleblowers by Derek Gilna The federal Bureau of Prisons’ culture of retaliation against whistleblowers appears to be alive and well, at least in the case of Linda Thomas, a BOP employee who was punished for revealing the unearned compensation of her superior. When …
Chicago Police Detective Accused of Brutality Used Similar Techniques at Guantanamo by Derek Gilna In an ironic twist of fate, a former Chicago police detective accused of acts of brutality against suspects in police custody has been cited for using similar tactics at the U.S. military prison in Guantanamo Bay, …
Conservatives Try to Co-opt Criminal Justice Reform by Matthew Clarke After decades of driving prison expansion by espousing tough-on-crime sentencing laws, advocating for policies to lock up criminals and throw away the key, and exploiting the public’s fear of crime, conservative lawmakers have finally discovered criminal justice reform. Like European …
Article • October 3, 2016 • from PLN October, 2016
There is Talk of Prison Reform, but for the 150,000 People in Prison for Life, There is No Reform on the Horizon by Life and life without parole sentencing, like mass incarceration itself, needs a reexamination. by Kali Holloway, AlterNet Almost 160,000 prisoners are currently serving life sentences in the United …
Article • October 3, 2016 • from PLN October, 2016
Presidential Candidates’ Current and Past Positions on Criminal Justice Issues by Joe Watson A great deal of ink is being spilled on the upcoming presidential election in November, but only a small amount of media coverage has been devoted to the candidates’ positions on criminal justice-related issues. Thus, in the …
First Unconditional Release from Minnesota’s Sex Offender Program by U.S. District Court Judge Donovan Frank ruled in June 2015 that the Minnesota Sex Offender Program (MSOP) was unconstitutional for indefinitely confining offenders who had completed their prison terms. In August 2016, a state Supreme Court panel ordered sex offender Eric …
Federal Court Finally Ends Oversight at Fulton County Jail by David Reutter Three years ago, the Southern Center for Human Rights (SCHR) moved to dismiss its federal contempt of court proceeding that cited staff shortages, broken locks and an overcrowding problem that resulted in prisoners sleeping on the floor at …
Corporations, Colleges and Cities Dump Private Prison Stock by Joe Watson Opponents of mass incarceration have notched several small but significant victories by successfully pressuring backers of the private prison industry to divest almost $60 million from Corrections Corporation of America (CCA) and the GEO Group, the two largest private …
Article • October 3, 2016 • from PLN October, 2016
Eleventh Circuit Upholds Alabama DOC Short Hair Policy Following Remand from Supreme Court by The Religious Land Use and Institutionalized Persons Act (RLUIPA) does not overcome the Alabama Department of Corrections’ (ADOC) “short hair policy” for prisoners, the Eleventh Circuit Court of Appeals held. The ruling was issued on remand …
Federal Judge Clears Way for Civil Rights Suit in Oklahoma Jail Death by Medical Cell #1 became a “burial crypt” inside the David L. Moss Detention Center in Tulsa, Oklahoma when Elliot Williams, a mentally-ill 37-year-old veteran, lay paralyzed with a broken neck on the concrete floor, naked, cold and …
Article • October 3, 2016 • from PLN October, 2016
Seventh Circuit: Jailhouse Lawyer’s Help No Reason to Deny Appointment of Counsel by Gary Hunter The U.S. Seventh Circuit Court of Appeals has reversed a lower court ruling that denied appointment of counsel to a prisoner because he received legal help from another prisoner. Ladell Henderson had a fifth grade …
Article • October 3, 2016 • from PLN October, 2016
Second Chance Pell Pilot Program Will Bring College to 12,000 Prisoners by On June 24, 2016, the U.S. Department of Education (DOE) announced that 67 colleges and universities had been selected to offer courses to imprisoned students at over 100 federal and state prisons through the DOE’s recently-implemented Second Chance …
Article • October 3, 2016 • from PLN October, 2016
Class-action Suit Filed Against GEO Group for Violation of Job Applicants’ Rights by GEO Group and Accurate Background, Inc. have been sued in federal court in New York for violating the Fair Credit Reporting Act (FCRA) when conducting criminal background checks on GEO job applicants. The suit, filed on October …
Judge Orders End to Recording of Attorney-Client Meetings at CCA’s Leavenworth Detention Center by Derek Gilna The Kansas Federal Public Defenders’ Office has challenged a scheme whereby officials at a detention center in Leavenworth, Kansas operated by Corrections Corporation of America (CCA) secretly video-recorded confidential attorney-client meetings. As a result, …
South Carolina Sheriff Fires Whistleblower Instead of Jailer Who Assaulted Prisoner by Matthew Clarke After a guard at a South Carolina jail repeatedly struck a prisoner who was being strapped into a restraint chair, York County Sheriff Bruce Bryant took decisive action. He fired the jailer who told a television …
Article • October 3, 2016 • from PLN October, 2016
Third Circuit Reverses Summary Judgment in Restraint Chair Case by Mark Wilson The Third Circuit Court of Appeals held that a lower court did not follow controlling Supreme Court precedent when granting summary judgment to prison officials on a mentally ill prisoner’s restraint chair-related claim. Since childhood, Pennsylvania prisoner Leonard …
Exonerated Prisoner Appointed to Connecticut’s Parole Board by Christopher Zoukis In an unusual turn of events, a former prisoner was appointed to Connecticut’s Parole Board. While ex-prisoners are typically not considered as parole board members, state officials decided that Kenneth F. Ireland was a qualified candidate. In 1989, when he …
Los Angeles County Settles Jail Suicide Suit for $1.6 Million by Almost two years after a prisoner committed suicide at the Los Angeles County Jail, the county settled a lawsuit brought by his parents for $1.6 million. [See: PLN, March 2016, p.1]. Austin Losorelli hung himself at the jail despite …
Article • October 3, 2016 • from PLN October, 2016
Federal Civil Procedure Rule 15 is Substantive, Not Chronological in Application by The Ninth Circuit Court of Appeals held on November 23, 2015 that Fed.R.Civ.P. 15 operates substantively, not chronologically, allowing a plaintiff to amend in whatever order he or she deems fit, provided there is compliance with the requirements …
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