Search | Prison Legal News

$150,000 Settlement in Suit over Kansas Jail Prisoner's Death

Article • October 27, 2015

Filed under: Jail Misconduct, Failure to Treat, Drug Overdose, Jail Specific, Failure to Treat (Mental Illness)

$150,000 Settlement in Suit over Kansas Jail Prisoner's Death by $150,000 Settlement in Suit over Kansas Jail Prisoner's Death by Matt Clarke On December 17, 2012, the County Commissioners of Shawnee County, Kansas voted to settle for $150,000 a state lawsuit by the estate and heirs of a prisoner who …

ACLU Prompts Kansas Jail to Change Religious Meals, Mail Policies

Article • October 26, 2015 • from PLN November, 2015

Filed under: Mail Regulations, Religious Diet

ACLU Prompts Kansas Jail to Change Religious Meals, Mail Policies by Joe Watson ACLU Prompts Kansas Jail to Change Religious Meals, Mail Policies by Joe Watson Prisoners at the Allen County jail in Iola, Kansas had been forced to violate their religious beliefs or go hungry until the ACLU persuaded …

Soldiers Sentenced to Die, but No Executions on Military Death Row Since 1961

Article • October 26, 2015 • from PLN November, 2015

Filed under: Death Row, Military Law, Military Prisons

Soldiers Sentenced to Die, but No Executions on Military Death Row Since 1961 by Joe Watson Soldiers Sentenced to Die, but No Executions on Military Death Row Since 1961 by Joe Watson The guilty verdict and death sentence handed down on August 28, 2013 against U.S. Army Major Nidal Malik …

10th Circuit Reverses Dismissal of Halfway House Escape Charge

Article • September 25, 2015 • from PLN October, 2015

Filed under: Escapes, Electronic Monitoring, Parole Conditions

10th Circuit Reverses Dismissal of Halfway House Escape Charge by Derek Gilna 10th Circuit Reverses Dismissal of Halfway House Escape Charge by Derek Gilna A federal prisoner without any detainers (“holds” placed by other law enforcement agencies) can generally count on a period of community confinement at the end of …

Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal

Article • July 3, 2015

Filed under: Complaints, Limitations, Wrongful Conviction, Habeas Corpus

Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal by Bob Williams Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal by Bob Williams In December 2009, the Tenth Circuit held that Heck v. Humphrey, 512 U.S. 477 (1994) did …

Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment

Article • January 10, 2015 • from PLN January, 2015

Filed under: Restraints, Qualified Immunity, Failure to Treat (Mental Illness), Juvenile Prisons

Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment by Mark Wilson Tenth Circuit: No Qualified Immunity for Juvenile Restraint Chair Punishment by Mark Wilson On November 8, 2013, the Tenth Circuit Court of Appeals upheld the denial of qualified immunity in a case that involved the shackling of …

Jackson v. Ash Wyandotte County, KS, Order Preliminarily Approving Settlement, postcard policy mail, 2014

Brief • November 12, 2014

Filed under: Mail Regulations, First Amendment

Jackson v. Ash Wyandotte County, KS, Order Preliminarily Approving Settlement, postcard policy mail, 2014 Case 2:13-cv-02504-EFM-JPO Document 44 Filed 11/12/14 Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS TYRELL JACKSON, et al., Plaintiffs, Case No. 13-cv-2504 EFM/JPO v. DONALD ASH, in his official capacity as …

Former Kansas Attorney General has Law License Suspended Indefinitely

Article • November 8, 2014 • from PLN November, 2014

Filed under: Prosecutor/Attorney General Misconduct, Attorney Misconduct, Attorneys General

Former Kansas Attorney General has Law License Suspended Indefinitely by Christopher Zoukis Former Kansas Attorney General has Law License Suspended Indefinitely by Christopher Zoukis On October 18, 2013, the Kansas Supreme Court indefinitely suspended the law license of former State Attorney General Phillip D. “Phill” Kline, who became nationally known …

Jackson v. Ash Wyandotte County, KS, Settlement Agreement, postcard policy mail, 2014

Brief • October 28, 2014

Filed under: Mail Regulations, First Amendment

Jackson v. Ash Wyandotte County, KS, Settlement Agreement, postcard policy mail, 2014 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS TYRELL JACKSON, et al., on behalf of themselves and on behalf of classes of persons similarly situated; Plaintiffs, v. Case No. 13-cv-2504 EFM/JPO DONALD ASH, in his …

No KORA Violation without Change of Residence

Article • October 5, 2014

Filed under: Discrimination, Sex Offender Registration, Sex Offender Residence, State Legislation

No KORA Violation without Change of Residence by No KORA Violation without Change of Residence   The Kansas Supreme Court held that a sex offender did not violate the state's 10-day reporting requirement by failing to report while traveling.   Under the Kansas Offender Registration Act (KORA), sex offenders must …

Kansas Sentencing Law Creates Disparity for Old Law Prisoners

Article • October 3, 2014

Filed under: Sentencing, Parole, State Legislation

Kansas Sentencing Law Creates Disparity for Old Law Prisoners by Kansas Sentencing Law Creates Disparity for Old Law Prisoners   Hundreds of Kansas prisoners who committed crimes prior to July 1, 1993 are serving sentences that would have been much shorter under current law. These “old law” prisoners are serving …

Kansas DNA Testing Eligibility Extended to Second-Degree Murder

Article • August 13, 2014 • from PLN August, 2014

Filed under: DNA Testing/Samples

Kansas DNA Testing Eligibility Extended to Second-Degree Murder by Mark Wilson Kansas DNA Testing Eligibility Extended to Second-Degree Murder by Mark Wilson The Kansas Supreme Court held on October 4, 2013 that a state law denying DNA testing to prisoners convicted of second-degree murder violates the Equal Protection Clause of …

Amount of Drugs a Factor for Departure Sentence in Kansas Prison Contraband Conviction

Article • June 7, 2014 • from PLN June, 2014

Filed under: Sentencing

Amount of Drugs a Factor for Departure Sentence in Kansas Prison Contraband Conviction by David Reutter Amount of Drugs a Factor for Departure Sentence in Kansas Prison Contraband Conviction by David M. Reutter The Kansas Supreme Court reversed a prisoner’s sentence for possession of contraband – a small amount of …

Kansas: Prison Healthcare Officials Engaged in Continued Deliberate Indifference

Article • May 20, 2014 • from PLN May, 2014

Filed under: Systemic Medical Neglect, Private Contractors, Eighth Amendment

Kansas: Prison Healthcare Officials Engaged in Continued Deliberate Indifference by Robert Warlick Kansas: Prison Healthcare Officials Engaged in Continued Deliberate Indifference   by Robert Warlick   The Kansas Court of Appeals held that employees of Correct Care Solutions at the Lansing Correctional Facility (LCF) committed continuing Eighth Amendment violations by …

Jackson v. Ash, KS, Order Granting Class Cert., Postcard Only Mail Policy, 2014

Brief • March 25, 2014

Filed under: Publications/Books, Mail Regulations

Jackson v. Ash, KS, Order Granting Class Cert., Postcard Only Mail Policy, 2014 Case 2:13-cv-02504-EFM-JPO Document 26 Filed 03/25/14 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS TYRELL JACKSON and RANDALL CHAPMAN, on behalf of themselves and all others similarly situated, and MABEL …

Richard v. Sedgwick County Board of County Commissioners, KS, et al, Settlement Agreement, 2014

Brief • March 18, 2014

Filed under: Settlements, Filing Fees

Richard v. Sedgwick County Board of County Commissioners, KS, et al, Settlement Agreement, 2014 SETTLEMENT AGREEMENT This Settlement Agreement ("agreement") is made and entered into by and between Ronell Ronell Richard, as Administrator or the Estate of Edgar Richard, Jr., Deceased and Manual Diaz, Saquisha Nelson Clark, Robert Hinshaw, Gary …

Seventh Circuit Upholds FTCA Venue Transfer

Article • March 15, 2014 • from PLN March, 2014

Filed under: Civil Procedure, Venue, Federal Tort Claims Act

Seventh Circuit Upholds FTCA Venue Transfer by The Seventh Circuit Court of Appeals has upheld the transfer of a former federal prisoner’s negligence action from Illinois to Kansas. Daniel Hudson relocated to Illinois following his release from a federal prison in Kansas. He filed a Federal Tort Claims Act (FTCA) …

Richard v. Board of County Commissioners, KS, Settlement, Brain Damage from Jail Guard Beating, 2014

Brief • March 8, 2014

Filed under: Brain Injury, Guard Brutality/Beatings

Richard v. Board of County Commissioners, KS, Settlement, Brain Damage from Jail Guard Beating, 2014 SETTLEMENT AGREEMENT This Settlement Agreement ("agreement") is made and entered into by and between Ronell Richard, as Administrator or the Estate of Edgar Richard, Jr., Deceased and Manual Diaz, Saquisha Nelson Clark, Robert Hinshaw, Gary …

Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity

Article • February 15, 2014 • from PLN February, 2014

Filed under: Sexual Assault, Staff-Prisoner Assault, Guard Misconduct, Qualified Immunity

Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity by The Tenth Circuit has affirmed the denial of qualified immunity to a warden in a civil rights action that alleged he created and allowed a policy or culture of sexual misconduct and failed to take reasonable measures to abate that …

Kansas Supreme Court Vacates Attorney Fee Reimbursement Order

Article • December 15, 2013 • from PLN December, 2013

Filed under: Attorneys, Attorney Fee Awards, Public Defenders

Kansas Supreme Court Vacates Attorney Fee Reimbursement Order by The Kansas Supreme Court vacated a sentencing court’s order requiring a criminal defendant to reimburse Board of Indigents’ Defense Services (BIDS) attorney fees, for failing to make appropriate findings on the record. Morgan Wade was convicted of killing his former girlfriend …