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Article • August 24, 2016
Oregon Judges Implicitly Authorized to Order Involuntary Psychotropic Medication by In a case of first impression, on March 20, 2014, the En Banc Oregon Supreme Court held that Oregon law implicitly authorizes trial courts to order involuntary psychotropic medication to restore a criminal defendant’s trial competency. The Court held, however, …
Article • August 24, 2016
Oregon Court Improperly Holds Library Denial Claim is Heck-Barred by On July 31, 2014, an Oregon federal court erroneously dismissed a denial of law library claim, as barred by Heck v. Humphrey, 512 U.S. 477 (1994). On August 2, 2002, Seth Edwin Koch was convicted of two counts of Aggravated …
7th Circuit Affirms as Proper Jury Instructions on Intent and Harm Elements of Excessive Force Claim Brought by Wisconsin Pretrial Detainee by The U.S. Court of Appeals for the Seventh Circuit has affirmed a lower court’s use of jury instructions including harm and subjective intent elements of a use of …
Article • August 24, 2016
Alabama Ends Prison Farming Operations by Citing lack of profit, the Alabama Correctional Industries (ACI) ended its farming operations; ACI was formalized in 1976 with the “Prison-Made Goods Act.” It had been unprofitable for years leading up to the restructuring announced in 2007. “I want ACI to be a profit …
Article • August 24, 2016
Filed under: Due Process
Wyoming Prisoner Not Denied Right to Speedy Trial, Properly Denied Continuance by The Wyoming Supreme Court has held that a prisoner was not denied the right to a speedy trial and that the lower court did not abuse its discretion by denying the prisoner’s motion for continuance. Rene Vargas, a …
Michigan’s Civil Rights Act Applies to Pretrial Detainees by In reversing a grant of summary judgment to jail officials, Michigan’s Court of Appeals held that the Michigan Civil Rights Act (CRA) does not exclude all people detained in a correctional facility. Rather, it only excludes those who are “serving a …
Article • August 24, 2016
Pennsylvania Policy Requiring Control Number for Qualification as Legal Mail Unconstitutional by David Reutter Finding that no legitimate penological interest existed to support a Pennsylvania Department of Corrections (PDOC) policy that required a PDOC-issued control number be included on correspondence for it to qualify as legal mail, a Pennsylvania U.S. …
Article • August 24, 2016
California: Prisoner Not Entitled to Points Reduction in Classification Score Unless Actually Participating in Programs by Michael Brodheim In a published case, the California Court of Appeal for the Third Appellate District has held that a prisoner is not entitled to a reduction in his or her classification score for …
Article • August 24, 2016
Filed under: Employee Litigation
$2 Million Award to New Hampshire Guards Falsely Accused of Beating Prisoner by On May 19, 2008, a New Hampshire jury awarded nearly $2 million to two prison guards who were fired when other guards lied about their involvement in an assault on a prisoner. After guards Shawn Stone and …
Article • August 24, 2016
New York DOC’s Changing Staff Job Classifications Upheld by New York’s Court of Appeals has held that it was not irrational for the Classification and Compensation Division in the New York State Department of Civil Service to revise the classification standards for the civil service titles of Education Supervisor, Plant …
Escapes and Crime at New Jersey's Privately-Run Halfway Houses by Matthew Clarke New Jersey has embarked on a grand experiment – shifting state prisoners from expensive state prisons into less expensive, privately-run halfway houses. The state prison system bas less than 25,000 beds while the around two dozen halfway houses …
Article • August 24, 2016
$200,000 Settlement in Pennsylvania County Prison Unsafe Conditions Case by Matthew Clarke On August 17, 2012, a federal lawsuit over a guard allowing prisoners to be beaten by other prisoners at a county prison and officials generally allowing unsafe and violent conditions at the prison was settled for $200,000. John …
Illinois Jail Doctor Leaves Trail of Medical Misery Across Several States by Matthew Clarke A doctor has been associated with the medical maltreatment of multiple jail prisoners across several states during close to two decades of practice. Some of the prisoners died. Yet Dr. Stephen Austin Cullinan of Peoria, Illinois …
Texas Federal Jury Awards $2.25 Million in Private Prison Medical Neglect Case by On October 24, 2012, a Texas federal jury awarded $2.25 million to the survivors of a federal prisoner who died while in the custody of a private prison due to prison officials' failure to provide him with …
Article • August 24, 2016
Second Circuit Upholds $286,000 Attorney Fees Award in $30,000 Civil Rights Case by Matthew Clarke On November 14, 2012, the Second Circuit court of appeals upheld the award of $290,997.94 in costs, of which $286,065.00 were attorney fees, in a case with a $30,000 judgment for plaintiffs. Deja Barbour, Shinnel …
Article • August 24, 2016
Illinois Prisoner Receives $12 Million Jury Award in Medical Neglect Suit by Matthew Clarke On January 18, 2013, an Illinois federal jury awarded an Illinois prisoner $12 Million against an Illinois Department of Corrections (DOC) Correctional Medical Technician (CMT) who failed to provide him his anti-seizure medication which allowed him …
Los Angeles County Settles Prisoner's Medical Care Suit for $5 Million by On January 22, 2012, the County of Los Angeles, California settled a former jail prisoner's suit for over $5,000,000. The suit alleged that negligent medical care in the county jail injured the prisoner's unborn son. Karen Works, a …
Article • August 24, 2016
Iowa's Governor Commutes Juvenile Life-Without-parole Sentences to 60 Years Flat by Matthew Clarke In a controversial reaction to a recent Supreme Court ruling declaring mandatory life-without-parole sentences for juveniles unconstitutional, Iowa Governor Terry Branstad commuted the sentences of the 38 Iowa juvenile who had been sentenced to life without parole …
Brief • August 24, 2016
T.S. v. Twentieth Century Fox, IL, Class Action Complaint, Juvenile Lockdown Filming, 2016 Case: 1:16-cv-08303 Document #: 1 Filed: 08/24/16 Page 1 of 37 PageID #:1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION T.S., a minor by and through his parent and guardian, S.S.; Q.B., …
Article • August 23, 2016
$400,000 Award against PHS in Pennsylvania Prisoner's Medical Negligence Suit by On February 17, 2012, a Pennsylvania jury awarded a former prisoner 8400,000 in a suit over medical negligence resulting in serious injury to him. Derrick Jones was a Pennsylvania state prisoner incarcerated at SCI Albion on March 12, 2006, when …
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