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Article • October 10, 2017 • from PLN October, 2017
Eleventh Circuit: Florida Prisoners Must be Provided Kosher Meals by David Reutter by David Reutter The Florida Department of Corrections (FDOC) must provide prisoners with the option of receiving kosher meals, the Eleventh Circuit Court of Appeals held in affirming a district court’s grant of summary judgment and a permanent …
Article • October 10, 2017 • from PLN October, 2017
Prisoner Labor Focus of Controversy in Texas, Alabama by David Reutter by David Reutter The use of prisoner labor and poor prison conditions are behind calls for action in Texas and Alabama, and have led to concerns over the use of prison labor nationwide. Most people believe slavery was abolished …
Article • October 10, 2017 • from PLN October, 2017
Filed under: HIV/AIDS, Failure to Treat
Louisiana Parish Jails Lack HIV Treatment and Services by HIV-positive prisoners in Louisiana jails are not provided medication and basic services, which endangers both their health and the communities they return to upon release. That was one of the findings of “Paying the Price: Failure to Deliver HIV Services in …
Article • October 10, 2017 • from PLN October, 2017
Second Circuit: Ross Abrogates “Special Circumstances” Exhaustion Exception by The Court of Appeals for the Second Circuit reversed the non-exhaustion dismissal of a New York prisoner’s excessive force suit. Applying Ross v. Blake, 136 S.Ct. 1850 (2016) [PLN, July 2016, p.22], the appellate court held that no administrative remedies were …
Article • October 10, 2017 • from PLN October, 2017
Seventh Circuit Dissent: “A Dog Would Have Deserved Better Treatment” by Derek Gilna by Derek Gilna William A. Miller, incarcerated at FCC Terre Haute, a Bureau of Prisons (BOP) facility in Indiana, entered prison with a serious health problem – a thalamic brain tumor that required a lower bunk assignment, …
Article • October 10, 2017 • from PLN October, 2017
Prisoner Showed Good Cause for Extension of Time by The Tenth Circuit Court of Appeals held a district court erred in denying a prisoner’s motion for extension of time to respond to a dispositive motion. Oklahoma state prisoner Archie Rachel, 71, filed suit in federal court regarding his medical treatment …
Article • October 10, 2017 • from PLN October, 2017
Seventh Circuit Reinstates Prisoner’s Lawsuit, Rejects District Court’s IFP Concerns by Derek Gilna by Derek Gilna Rahim McWilliams, an Illinois state prisoner, injured his hand in a fall and filed a claim in federal court for damages, claiming lack of proper medical treatment and permanent disfigurement. He alleged he was …
Eleventh Circuit: Procedural Dismissals do Not Count as Strikes Under the PLRA by David Reutter by David Reutter The Eleventh Circuit held last year that a district court erred in finding the dismissals of a prisoner’s prior civil rights actions due to “lack of jurisdiction” and for “want of prosecution” …
Article • October 10, 2017 • from PLN October, 2017
Filed under: Voting
Two Federal Courts Find Prison Gerrymandering Unconstitutional by David Reutter by David Reutter Two federal district courts, one in Florida and the other in Rhode Island, have held prison gerrymandering unconstitutional, though one of the orders was overturned on appeal. The rulings are the first of their kind. “This is …
Article • October 10, 2017 • from PLN October, 2017
Filed under: Prison Labor, Grievances
South Carolina Prisoners’ Wage Grievances Not Subject to 15-day Deadline by A South Carolina Appellate Court held that prisoners’ grievances were not subject to a 15-day filing deadline because they did not concern an “incident” but rather challenged the South Carolina Department of Corrections’ (SCDC) policies or procedures. The ruling …
Article • October 10, 2017 • from PLN October, 2017
IRS Audit Prompts New Mexico County to Convert Bonds Used for ICE Facility by Joe Watson by Joe Watson An Internal Revenue Service audit of tax-free bonds used to develop an immigrant detention facility in New Mexico was closed once the bonds were converted to taxable status. Otero County issued …
Article • October 10, 2017 • from PLN October, 2017
Georgia Teen’s Suicide from Neglect Results in $1.7 Million Settlement by A settlement was reached last year in a lawsuit brought by the estate of a teenager who hanged himself at a Georgia Department of Juvenile Justice (DJJ) facility. The complaint described a chilling account of neglect of a child …
Profiting Off Mass Incarceration: Detroit Pistons Owner Buys Private Prison Phone Company by Brian Dolinar by Brian Dolinar, Truthout The election of Donald Trump has already given an economic boost to those profiting from mass incarceration. The stock prices of the two biggest private prison builders – CoreCivic (formerly Corrections …
Article • October 10, 2017 • from PLN October, 2017
Private Probation Company Agrees to End Drug Testing Absent Court Order by David Reutter by David Reutter In a preliminary consent order, Sentinel Offender Services, a private probation company, agreed to stop its practice of drug testing probationers without court approval. The order was entered in a class-action case challenging …
Article • October 10, 2017 • from PLN October, 2017
Corizon Loses Indiana DOC Medical Contract Amid Lawsuits by David Reutter by David Reutter In 2005, at the urging of then-Governor Mitch Daniels, the Indiana Department of Correction (IDOC) awarded a contract to privatize medical care for prisoners. The winning bidder, Prison Health Services, merged in 2011 with Correctional Medical …
Article • October 10, 2017 • from PLN October, 2017
Family Files Wrongful Death Suit Against County Jail in New York by Derek Gilna by Derek Gilna The family of deceased prisoner Jimmy Richardson filed a federal lawsuit against the Schenectady County Jail in New York in April 2017, alleging that the facility and its medical contractor, Correctional Medical Care, …
Article • October 10, 2017 • from PLN October, 2017
Filed under: Discrimination, Advocacy
Seattle Council Approves Protections for Renters with Criminal Records by Nathalie Graham by Nathalie Graham, Seattle Weekly Fifteen months in prison, three years of probation. A $30,000 fine. Sue Mason paid her debt to society long ago – 14 years, to be exact – yet, it feels like she’s still …
Article • October 10, 2017 • from PLN October, 2017
Louisiana Corrections Secretary: More Private Prisons Won’t Save Money by Privatizing more prisons will not save Louisiana money now or in the long run, according to the state’s Public Safety and Corrections Secretary, Jimmy LeBlanc. LeBlanc is opposed to House Concurrent Resolution 30, proposed by state Rep. Jack McFarland, which …
Article • October 10, 2017 • from PLN October, 2017
Court Decision Favoring BOP Whistleblower Critical of BOP and OIG by Derek Gilna by Derek Gilna A December 2, 2016 decision by the Federal Circuit Court of Appeals, overturning a finding by the Merit Systems Protection Board, has cast in doubt the operations of the chief internal investigative body of …
Article • October 10, 2017 • from PLN October, 2017
Filed under: Fire Hazards
State Closes Kentucky Jail for Failure to Properly Maintain Facility by Derek Gilna by Derek Gilna After numerous failed inspections and failures to perform necessary maintenance, the jail in Estill County, Kentucky was forced to close by order of state correctional officials on March 31, 2017. Approximately two dozen prisoners …
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