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$6,500 Settlement after Ninth Circuit Reverses Summary Judgment in Retaliatory Ad-seg Case by Lonnie Burton by Lonnie Burton On October 26, 2016, the Ninth Circuit reversed a district court’s dismissal of a suit filed by a California prisoner who claimed prison officials had wrongly punished him for reporting staff misconduct. …
Article • July 28, 2017 • from PLN August, 2017
Incarceration Numbers Falling, Especially for Blacks by Christopher Zoukis by Christopher Zoukis According to the U.S. Bureau of Justice Statistics (BJS), the imprisonment rate for blacks is declining and has been doing so for many years. But the BJS data also indicates that the trend is headed in the opposite …
Article • July 28, 2017 • from PLN August, 2017
Filed under: Probation, First Amendment
Ninth Circuit Reverses Revocation of Supervised Release Over Blog Post by Christopher Zoukis by Christopher Zoukis The federal government's attempt to restrict a former prisoner’s First Amendment right to free speech has been reversed by the Ninth Circuit Court of Appeals. Darren Chaker was convicted of a white collar crime …
Ninth Circuit: Warden Who Failed to Protect Female Prisoners from Sexual Assault Not Immune from Suit by Christopher Zoukis by Christopher Zoukis The Ninth Circuit has ruled that the former warden at the California Institute for Women (CIW) is not immune from liability for failing to protect two female prisoners …
Article • July 28, 2017 • from PLN August, 2017
Filed under: Evidence
Seventh Circuit Reverses Infraction for Failure to Allow Prisoner to Present Evidence by Lonnie Burton by Lonnie Burton On April 19, 2016, a panel of the Seventh Circuit reversed the decision of an Indiana prison hearings officer who had found a state prisoner guilty of possessing heroin. The appellate court …
Article • July 28, 2017 • from PLN August, 2017
Filed under: Staffing, Mandamus, Grievances
California Appellate Court Reinstates Prisoner’s Mandamus Action Against CDCR by Derek Gilna by Derek Gilna California Department of Corrections and Rehabilitation (CDCR) prisoner Jared M. Villery filed three administrative grievances in 2014 concerning the failure of prison staff to properly discharge their duties. He alleged that staff failed to respond …
Article • July 28, 2017 • from PLN August, 2017
Filed under: Voting
First Circuit Allows City to Include Prisoners in Census Counts by Derek Gilna by Derek Gilna The First Circuit Court of Appeals has reversed a district court’s order barring the city of Cranston, Rhode Island from counting the 3,433 prisoners held at the Adult Correctional Institution (ACI), located in that …
Article • July 28, 2017 • from PLN August, 2017
Filed under: Food, Qualified Immunity
Eighth Circuit Rejects Qualified Immunity on Inadequate Nutrition Claim by On June 13, 2016, the Eighth Circuit affirmed a district court’s denial of qualified immunity to several defendants on a civilly-committed sex offender’s inadequate nutrition claim. Thomas Ingrassia was civilly committed to the Missouri Sexual Offender Rehabilitation and Treatment Services …
Article • July 28, 2017 • from PLN August, 2017
Filed under: PLN Litigation, Censorship
PLN Obtains $50,000 Settlement in Tennessee Jail Censorship Suit by On March 16, 2016, a Tennessee federal district court granted PLN’s motion for a preliminary injunction to protect its Fourteenth Amendment rights from infringement by the Sullivan County Sheriff’s Office. The county subsequently agreed to pay a $50,000 settlement. PLN’s …
Texas Prisoner was Emaciated and Sick when Killed by Cellmate by A fight with his cellmate, Joe Greggs, led to the January 19, 2016 death of prisoner Alton Rodgers at the William P. Clements Unit in Texas. An official report listed Rodgers’ fatal injury as trauma consistent with having his …
Article • July 28, 2017 • from PLN August, 2017
Supreme Court Lets Prosecutors Off the Hook for Withholding Evidence by Derek Gilna by Derek Gilna In a June 22, 2017 decision, the U.S. Supreme Court declined to punish prosecutors for withholding potentially exculpatory discovery information from defense attorneys at the time of trial. In a case that was widely …
Article • July 28, 2017 • from PLN August, 2017
Filed under: Sentencing
Arkansas Prisoner’s Illegal Sentence Remanded Despite Filing Wrong Challenge by In a December 15, 2016 ruling, the Arkansas Supreme Court ordered a trial court to re-sentence a prisoner who was illegally sentenced to an extra 10 years in prison. The Court issued the order even though it dismissed the prisoner’s …
Article • July 28, 2017 • from PLN August, 2017
Suicide at Texas Jail Results in Firings, Lawsuit, Investigation and Legislation by Matthew Clarke by Matt Clarke On July 10, 2015, Sandra Bland was stopped while driving in Prairie View, Texas. The 28-year-old Illinois native was in the process of moving to Waller County when she was stopped by Texas …
Article • July 28, 2017 • from PLN August, 2017
Filed under: Witnesses, Probation
Tenth Circuit Remands Two-year Sentence for Federal Probation Violation by Christopher Zoukis by Christopher Zoukis On October 25, 2016, the Tenth Circuit remanded a case involving a federal probation violation for resentencing due to the improper admission of hearsay testimony from a probation officer. Tremale Henry was on federal supervised …
Article • July 28, 2017 • from PLN August, 2017
Washington State Mental Health Agency Held in Contempt; $14 Million in Fines Levied by Derek Gilna by Derek Gilna The U.S. District Court for the Western District of Washington has held the state’s Department of Social and Health Services (DSHS) in contempt in a class-action lawsuit. The contempt order was …
Article • July 28, 2017 • from PLN August, 2017
Filed under: Sewage
One of Tennessee’s Most Pristine Rivers Contaminated with Prison Sewage by Panagioti Tsolkas by Panagioti Tsolkas It's a rare case when one state agency penalizes another with more than a slap on the wrist. This year, in a move that surprised local environmentalists, Tennessee joined the growing list of states …
Article • July 28, 2017 • from PLN August, 2017
Forced to Endure Extreme Heat, Prisoners are Casualties of Texas’ Climate Denial, Documents Show by Candice Bernd by Candice Bernd, Truthout On a spring day in May, temperatures in Dallas, Texas were already in the 90s. Sunlight glinted off the barbed wire perimeter outside the Hutchins State Jail, located just …
Article • July 28, 2017 • from PLN August, 2017
Ohio Closes Prison Farms, Auctions Equipment, Plans to Sell Farmland by Matthew Clarke by Matt Clarke On April 13, 2016, Gary Mohr, Director of the Ohio Department of Rehabilitation and Correction (ODRC), announced plans to phase out farming operations at all ten of the state’s prison farms, and sell around …
From the Editor by Paul Wright by Paul Wright As the summer months wear on we are again reporting on the ongoing outrage of American prisons that are deliberately built without air conditioning in some of the hottest parts of the country. As an article in this issue of PLN …
Article • July 28, 2017 • from PLN August, 2017
Breaking News: U.S. Attorney General Reinstates Federal Asset Forfeiture Sharing, with Conditions by Derek Gilna by Derek Gilna As noted in this issue's cover story, due to past abuses, restrictions were placed on the federal equitable sharing program in which state and local law enforcement agencies could partner with federal …
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