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Article • December 13, 2017
Filed under: Good Time, Mail, First Amendment
Prisoner's Punishment for Attempting to Mail Out Threat-Laden "Poems" Upheld by Minnesota Court of Appeals by Lonnie Burton In a decision dated January 11, 2016, the Minnesota Court of Appeals denied a petition filed by a state prisoner who alleged his First Amendment rights were violated when prison officials found …
Article • December 13, 2017
Filed under: Work, Good Time
Wyoming Supreme Court Affirms Dismissal of Prisoner Lawsuit Challenging New Mandatory Deductions and Good Time Laws by Lonnie Burton On October 18, 2016, a unanimous Wyoming Supreme Court approved the dismissal of a lawsuit filed by a state prisoner challenging the constitutionality of several Wyoming statutes relating to mandatory deductions …
Article • December 13, 2017
Sixth Circuit Upholds Denial of Summary Judgment to Prison Officials in Michigan Failure-to-Protect Lawsuit by Lonnie Burton On April 15, 2016, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit let stand a federal district court ruling which denied summary judgment to Wayne County, Michigan, jail …
Article • December 13, 2017
Settlement Reached in Nevada "Postcard-Only" Lawsuit by In June 2016, less than three months after a United States magistrate judge sitting in the federal district court in Nevada issued a Report and Recommendation advising that defendants' motion for summary judgment should be denied, the parties in a suit aimed at …
Article • December 13, 2017
Prisoner Settles Conditions of Confinement, Excessive Force Lawsuit with Nevada County Jail by In October 2015, Washoe County officials and a former jail prisoner settled a lawsuit which had alleged numerous constitutional violations, including unlawful conditions of confinement, use of excessive force, medical indifference, and due process violations. The amount …
Article • December 13, 2017
Thirty-Nine Year Stay in Solitary Requires Procedural Safeguards; 5th Circuit Affirms Denial of Qualified Immunity by On December 17, 2014, the Fifth Circuit U.S. Court of Appeals upheld the ruling of a Louisiana federal district court judge denying qualified immunity to prison officials in a lawsuit filed by a prisoner …
Article • December 13, 2017
Washington Supreme Court: Jail Not Responsible for Crimes Committed by Ex-Prisoner by On September 22, 2016, a split Washington Supreme Court reversed a Court of Appeals ruling and affirmed the trial court's dismissal of a lawsuit brought by the families and victims of a shooting instigated by a former jail …
Article • December 13, 2017
Filed under: Strip Searches, Juveniles
Third Circuit Okays Blanket Strip-Search Policy for Juvenile Detainees by In a decision filed September 15, 2015, the Third Circuit U.S. Court of Appeals ruled that a juvenile detention center policy which required strip searches of all detainees upon intake, regardless of the seriousness of their crimes, did not violate …
Article • December 13, 2017
Seventh Circuit Questions the Denial of Gloves and Earmuffs to Prisoners by Pedro Diaz, an Illinois state prisoner, filed a federal lawsuit challenging Pontiac state prison officials' refusal to allow him to use a hat and gloves when exercising "in his outdoor cell" in the prison yard in very cold …
Article • December 13, 2017
WA: Indigent Defendant May Not Challenge DNA Collection Fees Until State Seeks to Enforce Payment by On June 20, 2016, Division One of the Washington State Court of Appeals denied as premature an appeal by a defendant who challenged the constitutionality of imposing DNA sampling collection fees on an indigent …
Article • December 13, 2017
Filed under: Excessive Force
Use of Force Authorized to Extract DNA Sample from Prisoner; Conviction for Refusal to Comply Upheld: CT Supreme Court by On July 15, 2016, the Supreme Court of Connecticut upheld the conviction of a prisoner who was charged with refusing to submit a DNA sample. The court also found that …
Article • December 13, 2017
Sixth Circuit Affirms Summary Judgment Dismissal in Lawsuit Filed by Man Wrongfully Convicted of Arson, Murder by On September 1, 2016, the Sixth Circuit U.S. Court of Appeals affirmed a district court order dismissing most of a lawsuit filed by a man who spent 26 years in prison for an …
Article • December 13, 2017
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 …
Article • December 13, 2017
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 …
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 …
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 …
Brief • December 13, 2017
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 …
Publication • December 13, 2017
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 …
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 …
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. …
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