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Brief • November 7, 2017
US v. Davis, AL, Appeal, Enhanced Sentence-Firearm, 2017 Case: 16-10789 Date Filed: 11/07/2017 Page: 1 of 26 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-10789 ________________________ D.C. Docket No. 1:15-cr-00158-CG-B-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TERRANCE TYRONE DAVIS, Defendant-Appellant. ________________________ Appeal from …
Brief • November 7, 2017
Filed under: Sentencing
USA v. Gordon, MA, Opinion, Attempted Plot to Murder, 2017 United States Court of Appeals For the First Circuit No. 16-1896 UNITED STATES OF AMERICA, Appellee, v. ANDREW GORDON, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Patti B. Saris, U.S. District Judge] …
Article • November 6, 2017 • from PLN November, 2017
$1.2 Million to Settle with Rikers Island Rape Victims by Derek Gilna by Derek Gilna In May 2017, the City of New York agreed to pay $1.2 million to two female prisoners to resolve claims of rape and sexual assault by a male guard at the city’s Rose M. Singer …
Article • November 6, 2017 • from PLN November, 2017
Former Sheriff Arpaio Guilty of Criminal Contempt, Receives Presidential Pardon by Joe Watson by Joe Watson Former Maricopa County, Arizona sheriff Joe Arpaio’s words, rather than his misdeeds, finally landed him on the verge of going to prison – but he was pulled back from the brink after receiving a …
Article • November 6, 2017 • from PLN November, 2017
Filed under: Sentencing, Habeas Corpus
Nevada Supreme Court Holds Habeas Petition Not Mooted by End of Sentence by In a case of first impression, the Supreme Court of Nevada held that a state habeas corpus action filed while a person was incarcerated was not mooted by his subsequent release from all forms of custody. In …
Article • November 6, 2017 • from PLN November, 2017
Filed under: Attorneys, Guards/Staff
Westboro Baptist Church Members Continue to Work in Corrections by Matthew Clarke by Matt Clarke Fred W. Phelps, Sr., 85, was widely known as the founder and leader of the Westboro Baptist Church in Topeka, Kansas – a cult-like group that practices hate speech at the most inappropriate venues, including …
Colorado Narrowly Rejects Ballot Measure to End Slavery as Punishment for Crime by Matthew Clarke by Matt Clarke In November 8, 2016, Colorado voters rejected a ballot measure that would have amended the state constitution to remove 140-year-old language allowing slavery and involuntary servitude as punishment for crime. The removal …
Article • November 6, 2017 • from PLN November, 2017
Filed under: Bail, Money/Property, Bail Bonds
Community Funds, Federal Legislation Challenging Bail System from Different Angles by Christopher Zoukis by Christopher Zoukis Kalief Browder was a 16-year-old arrested in New York City in 2012 on charges of stealing a backpack. The charges were later dismissed, but not before he sat in jail on Rikers Island for …
Article • November 6, 2017 • from PLN November, 2017
Lawsuit Alleges Four Oregon Prisons Served Food “Not for Human Consumption” by Monte McCoin by Monte McCoin On May 9, 2017, attorney Leonard R. Berman filed a class-action lawsuit in the U.S. District Court in Portland, Oregon on behalf of three prisoners who claim they were forced to eat fish …
DOJ Applauds Pennsylvania’s Commitment to Treatment for Mentally Ill Prisoners by David Reutter by David M. Reutter The U.S. Department of Justice (DOJ) has ended its investigation into the Pennsylvania Department of Corrections’ (PDOC) use of solitary confinement for prisoners with serious mental illness or intellectual disabilities (SMI/ID). PLN reported …
The Elusive Dream: Closing Rikers Island by David Reutter, Matthew Clarke by David M. Reutter and Matt Clarke New York City’s Rikers Island, one of the nation’s largest jails, has a notorious history of violence – both by guards and prisoners. City leaders have long sought to solve the problem …
Article • November 6, 2017 • from PLN November, 2017
Washington Supreme Court Reverses Prisoner’s Parental Termination Order by Lonnie Burton by Lonnie Burton In January 26, 2017, a divided Washington Supreme Court held that a trial court could not terminate the parental rights of an incarcerated father without considering the facts of his incarceration as required by legislative amendments …
Wiccan Prisoner Wins Injunction to Wear Medallion; Case Settles on Remand by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals held an Illinois prisoner was entitled to a preliminary injunction permitting him to possess and wear a religious medallion. Gilbert Knowles, incarcerated at the Pontiac Correctional …
Michigan Sheriff Settles PLN Censorship Suit for $295,000 by Derek Gilna by Derek Gilna In June 2017, Prison Legal News obtained a substantial settlement from the Livingston County, Michigan Sheriff’s Office in a censorship lawsuit. The Livingston County jail agreed to settle after five years of litigation that challenged the …
Alabama DOC: Partial Settlement on ADA, Mental Health Claims; $1 Million in Attorney Fees Awarded by David Reutter by David M. Reutter The Alabama Department of Corrections (ADOC) has agreed to a partial settlement to ensure prisoners with disabilities receive treatment and services under the Americans with Disabilities Act (ADA). …
Article • November 6, 2017 • from PLN November, 2017
Florida Prisoners Denied Hernia Surgery Reach $2.1 Million Settlement by David Reutter by David M. Reutter A $2.1 million settlement has been reached in a class-action lawsuit alleging the Florida Department of Corrections (FDOC) and Corizon, the department’s former private medical provider, denied hernia operations to prisoners to save money.  …
Article • November 6, 2017 • from PLN November, 2017
Arrested Texas Jail Nurse Refused to Test Blood Sugar of Prisoner Who Died by Matthew Clarke by Matt Clarke Texas licensed vocational nurse Brittany Johnson was arrested on June 28, 2016 and charged with misdemeanor negligent homicide in the death of female prisoner Morgan Angerbauer, 20, who died of diabetic …
Article • November 6, 2017 • from PLN November, 2017
Tenth Circuit Holds Jail Guard May be Liable for Prisoner-on-Prisoner Assault by On November 14, 2016, the Tenth Circuit Court of Appeals upheld the denial of qualified immunity to a Colorado jail guard who failed to protect a prisoner from being assaulted. James Durkee was incarcerated at the Summit County …
Article • November 6, 2017 • from PLN November, 2017
President of New York City Guards’ Union Faces Corruption Charges by David Reutter by David M. Reutter Federal officials are pursuing corruption charges against Norman Seabrook, former president of the New York City Correction Officers’ Benevolent Association (COBA). The charge of conspiracy to commit honest services fraud stemmed from Seabrook’s …
Article • November 6, 2017 • from PLN November, 2017
Filed under: Parole, Parole Conditions
Federal Halfway House Closures Threaten to Extend Prison Time, Delay Reentry by Derek Gilna by Derek Gilna The Trump administration has proposed a reduced budget for the federal Bureau of Prisons (BOP) that would require the agency to cut its staff. As another result of budget cuts, the BOP has …
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