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Article • August 30, 2017 • from PLN September, 2017
Filed under: Prisoner Property
Oregon Prisoner’s Conversion Claim Against Guard Reinstated by The Oregon Court of Appeals reversed a lower court’s dismissal of a prisoner’s handwritten, pro se filing for failure to state a claim. Oregon prisoner Michael Spillino filed a handwritten petition in circuit court, claiming that Oregon Department of Corrections (ODOC) lieutenant …
Article • August 30, 2017 • from PLN September, 2017
Filed under: Arrest and Booking
Florida, South Carolina, New Jersey Latest States to Pass Mugshot Extortion Laws by On June 16, 2017, Florida Governor Rick Scott signed legislation to regulate the online mugshot industry, preventing websites that publish booking photos from charging a fee to remove them. South Carolina passed a similar law, known as …
Article • August 30, 2017 • from PLN September, 2017
Third Circuit Vacates Summary Judgment on SHU Strip Search Claims by The Court of Appeals for the Third Circuit reversed a summary judgment order in favor of prison officials who subjected prisoners in segregation to visual body-cavity searches three times a day. While confined in a Secured Housing Unit (SHU) …
Article • August 30, 2017 • from PLN September, 2017
Filed under: Due Process
Prison Mailbox Rule Applies to Alabama Sentence Reconsideration Motions by The Alabama Supreme Court held last year that the prison mailbox rule applies to a motion for sentence reconsideration under former state law. Alabama Code § 13A-5-9.1 authorized the filing of a motion for sentence reconsideration, but the state legislature …
Article • August 30, 2017 • from PLN September, 2017
Oregon Prosecutors and Cops Bully Parole Board into Improperly Rescinding Parole; Court Orders Release by The Oregon Court of Appeals held last year that a prisoner’s release date had been improperly rescinded due to a public outcry, contrary to state law. Oregon prisoner Sidney Dean Porter was sentenced to life …
Extensive Contraband Found During Shakedowns at Mississippi Prisons by A surprise predawn shakedown on March 3, 2017 yielded an “excessive amount of contraband” at one of Mississippi’s three privately-operated prisons, according to Mississippi Department of Corrections (MDOC) Interim Commissioner Pelicia Hall. The search at the Wilkinson County Correctional Facility was …
Milwaukee County Sheriff David Clarke’s Jail Under Fire for Deaths, Civil Rights Abuses by Christopher Zoukis by Christopher Zoukis At least four people, including a newborn, have died in Wisconsin’s Milwaukee County Jail since April 2016. The facility, run by Sheriff David A. Clarke, Jr., houses about 950 detainees daily. …
Article • August 30, 2017 • from PLN September, 2017
Filed under: Probation
HOPE and SCF Probation Programs Criticized in Study by Derek Gilna Although incarceration levels in the U.S. have receded slightly this decade – to around 2.2 million people in 2016, according to the Prison Policy Initiative – the number of offenders on some form of probation or community supervision has …
Article • August 30, 2017 • from PLN September, 2017
Utah Supreme Court Reverses Termination of Prisoner’s Parental Rights by On December 6, 2016, the Supreme Court of Utah reversed the termination of a prisoner’s parental rights because the juvenile court had interpreted a state statute as prohibiting the appointment of counsel for the prisoner. C.B.S. is a Utah prisoner …
Article • August 30, 2017 • from PLN September, 2017
Filed under: Medical, Prisoner Property
Plastic Spoon Not a “Dangerous Weapon” Under Oregon Law by The Oregon Court of Appeals has held that a prisoner was entitled to dismissal of a dangerous weapon charge because a plastic spoon with a slightly sharpened handle was not a dangerous weapon. The Court also held an “attempt” jury …
Article • August 30, 2017 • from PLN September, 2017
Filed under: Statistics/Trends
BJS Studies Show Number of Prisoners, Probationers Continues to Drop Slightly by Derek Gilna by Derek Gilna The U.S. Bureau of Justice Statistics (BJS) has published three new studies based on calendar year 2015 data, with one indicating the total number of prisoners nationwide declined to the lowest level since …
Article • August 30, 2017 • from PLN September, 2017
DOJ Publishes Ten-step Program for Halfway House Reforms by Halfway houses, known as Residential Reentry Centers (RRCs), are the last stop for federal prisoners before they are released from the Bureau of Prisons (BOP). According to a recent U.S. Department of Justice (DOJ) memorandum on the subject, the BOP “maintains …
Article • August 30, 2017 • from PLN September, 2017
Missouri Prisoner’s IRA May be Seized for Incarceration Costs by The Missouri Court of Appeals has held that a trial court erred as a matter of law in finding that a federal statute pre-empted the Missouri Incarceration Reimbursement Act (MIRA) and precluded attachment of a prisoner’s Individual Retirement Account (IRA). …
Article • August 30, 2017 • from PLN September, 2017
Oregon Prison Officials Must Provide Post-release Disability Care by An Oregon federal district court issued a preliminary injunction enjoining prison officials from releasing a disabled prisoner without assistance. Oregon state prisoner Steven Fox was an able-bodied person when he entered prison in 2010. Due to the neglect of prison officials, …
Article • August 30, 2017 • from PLN September, 2017
Abuses at Louisiana Jail Investigated, Ten Deputies Plead Guilty by David Reutter by David M. Reutter A federal investigation into the abuse of pretrial detainees at Louisiana’s Iberia Parish Jail resulted in guilty pleas by ten sheriff’s deputies. A trial is pending for an 11th deputy who did not plead …
HRDC/PLN Obtain Landmark Nationwide Censorship Settlement with Private Prison Company by Derek Gilna by Derek Gilna On July 24, 2017, the Human Rights Defense Center (HRDC), the parent organization and publisher of Prison Legal News, entered into a settlement with private prison firm Management and Training Corp. (MTC), which has …
Article • August 30, 2017 • from PLN September, 2017
Filed under: RLUIPA, Religious Grooming
Fifth Circuit Vacates Dismissal of Texas Grooming Policy RLUIPA Claim by The Court of Appeals for the Fifth Circuit has reversed the dismissal of a challenge to a prison grooming policy filed by Native American prisoners. Texas state prisoners Teddy Norris Davis and Robbie Dow Goodman alleged their religious freedoms …
Ninth Circuit Reinstates Wiccan Prisoner’s Consent Decree by The Ninth Circuit Court of Appeals has sharply criticized a district court’s handling of a Wiccan prisoner’s lawsuit, and reinstated a longstanding consent decree in the case. In 1993, California state prisoner William Rouser filed suit on behalf of himself and thirty …
Article • August 30, 2017 • from PLN September, 2017
Seventh Circuit Vacates Summary Judgment in Retaliatory Discipline Case by The Seventh Circuit Court of Appeals reversed summary judgment for the defendants on a prisoner’s retaliatory discipline claim, finding the district court erred in failing to compel prison officials to produce a security video which would have been dispositive evidence. …
Article • August 30, 2017 • from PLN September, 2017
Filed under: Staff-Prisoner Assault
$6.5 Million Jury Award in Oklahoma Jail Rape Lawsuit by Matthew Clarke by Matt Clarke A federal jury awarded an Oklahoma woman $6.5 million after she was sexually assaulted by a Hollis, Oklahoma assistant police chief while held at the Harmon County jail. Tiffany Ann Glover, 33, filed a federal …
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