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Idaho DOC Settles 30-year-old Class-action Lawsuit

Article • February 15, 2013 • from PLN February, 2013

Filed under: CMS, Prison Rebellion, Systemic Medical Neglect, Failure to Protect (General), Overcrowding, Staffing, Civil Procedure, Injunctions, Contempt (Civil Procedure), Consent Decrees, Failure to Treat (Mental Illness)

Idaho DOC Settles 30-year-old Class-action Lawsuit by Idaho officials first tried to suppress what they called an “inflammatory” and “libelous” report filed by a court-appointed expert in a longstanding suit involving the state’s prison system. They then finally agreed to settle the 30-year-old litigation based upon the report’s findings. In …

Idaho Supreme Court Affirms Firing of PHS Medical Director

Article • February 15, 2013 • from PLN February, 2013

Filed under: Private Prisons, Prison Health Services, Contractor Misconduct, Medical Misconduct, Attorney Fee Awards, Limitations, Employee Litigation

Idaho Supreme Court Affirms Firing of PHS Medical Director by The Idaho Supreme Court has upheld a lower court’s dismissal of a prison doctor’s challenge to his job termination, stemming from his abusive treatment of a prisoner. Dr. John F. Noak was the medical director for Prison Health Services (PHS), …

Fuller v. Idaho Department of Corrections, ID, Complaint, Workplace Harassment, 2013

Brief • January 22, 2013

Filed under: Sexual Harassment, Title VII, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights

Fuller v. Idaho Department of Corrections, ID, Complaint, Workplace Harassment, 2013 Case 1:13-cv-00035-DCN Document 1 Filed 01/22/13 Page 1 of 16 ERIKA BIRCH (Bar No.7831) KASS HARSTAD (Bar No. 8419) STRINDBERG & SCHOLNICK, LLC 802 W. BANNOCK STREET, SUITE 308 BOISE, ID 83702 (t) 208.336.1788 (f) 208.344.7980 erika@idahojobjustice.com kass@utahjobjustice.com Attorneys …

States Create Special Commissions to Study Flat-Fee Indigent Defense

Article • December 15, 2012 • from PLN December, 2012

Filed under: Attorneys, Appointment of Counsel, Public Defenders

States Create Special Commissions to Study Flat-Fee Indigent Defense by Joe Watson Some states may soon be doing more to guarantee the Sixth Amendment right to counsel for indigent criminal defend-ants. Special commissions have been convened in Nevada, Idaho, Michigan and Pennsylvania to investigate how flat-fee contracts with private defense …

Castillon v. CCA, ID, Complaint, Gang Partnership, 2012

Brief • November 9, 2012

Filed under: Corrections Corporation of America/CoreCivic, Gang Policies, Prison Gangs

Castillon v. CCA, ID, Complaint, Gang Partnership, 2012 TJ Angstman Wyatt B. Johnson ANGSTMAN JOHNSON 3649 Lakeharbor Lane Boise, Idaho 83703 Telephone: (208) 384-8588 Facsimile: (208) 853-0117 Johnson ISB: 5858 Angstman ISB: 5738 Nikki Smith 3649 Lakeharbor Lane Boise, Idaho 83703 Telephone: (208) 384-8588 Facsimile: (208) 853-0117 Smith ISB: 9030 …

Idaho Appellate Defender: State’s Adult Misdemeanor Probation System “Void”

Article • September 15, 2012 • from PLN September, 2012

Filed under: Sentencing, Probation, Parole Conditions

Idaho Appellate Defender: State’s Adult Misdemeanor Probation System “Void” by A memo authored by Sara B. Thomas, chief of the Idaho State Appellate Defender’s appellate unit, has concluded that the state’s adult misdemeanor probation system is unconstitutional, calling it “null, void and unenforceable.” According to the August 15, 2011 memo, …

Ninth Circuit Acknowledges Prisoner’s Right to Extended Voir Dire in Suit Alleging Abuse by Idaho Jail Officials

Article • July 15, 2012

Filed under: Civil Procedure, Jury Instructions, Juries, Witnesses

Ninth Circuit Acknowledges Prisoner’s Right to Extended Voir Dire in Suit Alleging Abuse by Idaho Jail Officials by The Ninth Circuit Court of Appeals held that a lower court abused its discretion in refusing a prisoner's voir dire inquiry into potential juror bias for law enforcement. Floyd Darbin was a …

Idaho Population Caps Continue; Class Counsel & Representatives Reappointed

Article • May 15, 2012

Filed under: Conditions of Confinement, Overcrowding, Attorney Fee Awards, Appointment of Counsel, Injunctions

Idaho Population Caps Continue; Class Counsel & Representatives Reappointed by Idaho Population Caps Continue; Class Counsel & Representatives Reappointed On December 18, 2007, a federal court in Idaho re-appointed Class Representatives and ordered attorney fees for Plaintiffs' counsel in a long-running Idaho Department of Corrections (IDOC) overcrowding case. In 1987, …

Idaho Jail Institutes Pay-to-Stay-Out Program

Article • March 15, 2012 • from PLN March, 2012

Filed under: Parole, Parole Conditions, Money/Property, Seizure of Prisoner Funds

Idaho Jail Institutes Pay-to-Stay-Out Program by A jail in Canyon County, Idaho has taken the concept of pay-to-stay one step further by charging certain convicted prisoners to stay out of jail. First-time offenders with a non-violent crime who are compliant may have the opportunity to pay up to $15 a …

Texas Prisoner on Idaho Presidential Primary Ballot in 2008

Article • February 15, 2012 • from PLN February, 2012

Filed under: Organizing, Elections

Texas Prisoner on Idaho Presidential Primary Ballot in 2008 by Mark Wilson During the 2008 Democratic primary election, Idaho voters had three choices for president: Hillary Clinton, Barack Obama and Keith Russell Judd. At the time, Judd was serving time at the Beaumont Federal Correctional Institution in Texas on a …

Videotaped Assault at Idaho CCA Prison Sparks FBI Investigation

Article • February 15, 2012 • from PLN February, 2012

Filed under: Corrections Corporation of America/CoreCivic, Conditions of Confinement, Failure to Protect (General)

Videotaped Assault at Idaho CCA Prison Sparks FBI Investigation by Mark Wilson Guards at a private prison in Idaho looked on, but did not intervene, as a prisoner was beaten into a coma. Video footage of the January 2010 incident has sparked an FBI investigation into civil rights violations at …

Balla v. Idaho Board of Correction, ID, Special Masters Report, Systemical Medical Neglect Class Action, 2012

Brief • February 2, 2012

Filed under: Systemic Medical Neglect

Balla v. Idaho Board of Correction, ID, Special Masters Report, Systemical Medical Neglect Class Action, 2012 Case 1:81-cv-01165-BLW Document 822 Filed 03/19/12 Page 1 of 24 o h a d I e h t r e h t i e N . t r u o C e h t …

Federal Court Rules on Exhaustion Issues for Joined Plaintiffs in Lawsuit Against CCA

Article • November 15, 2011 • from PLN November, 2011

Filed under: Corrections Corporation of America/CoreCivic, Failure to Protect (General), PLRA, Administrative Exhaustion (PLRA), Class Certification

Federal Court Rules on Exhaustion Issues for Joined Plaintiffs in Lawsuit Against CCA by On October 18, 2010, an Idaho federal court held that prisoners who were subjected to confusing rules and advice from prison officials regarding how to raise grievance issues had adequately exhausted their administrative remedies when they …

Ninth Circuit Faults Mootness Dismissal, Denial of Counsel

Article • September 15, 2011

Filed under: Attorneys, Appointment of Counsel, Mootness

Ninth Circuit Faults Mootness Dismissal, Denial of Counsel by The ninth Circuit Court of Appeals vacated the mootness dismissal of an Idaho prisoner’s conditions of confinement suit. The court also found that it was an abuse of discretion to dismiss without ruling on the prisoner’s request for appointment of counsel. …

Hayes v. CCA, ID, Order denying PO, Inmate on Imate Assault Records, 2011

Brief • September 7, 2011

Filed under: Corrections Corporation of America/CoreCivic, Failure to Protect (General)

Hayes v. CCA, ID, Order denying PO, Inmate on Imate Assault Records, 2011 Case 1:09-cv-00122-BLW Document 69 Filed 09/07/11 Page 1 of 22 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO MICHAEL T. HAYES, Case No. 1:09-cv-00122-S-BLW Plaintiff, MEMORANDUM DECISION AND ORDER v. CORRECTIONS CORPORATION OF AMERICA (CCA), a …

Idaho: Prison Doctor’s Treatment Fell Below Standard of Care

Article • August 15, 2011 • from PLN August, 2011

Filed under: Medical Misconduct, Medical, Skeletal Injury, Injury -- Misc., Medical Records, ENT

Idaho: Prison Doctor’s Treatment Fell Below Standard of Care by David Reutter by David M. Reutter The Idaho State Board of Medicine’s Prelitigation Screening Panel found that a prisoner at the CCA-operated Idaho Correctional Center had “borne his burden of proving by a preponderance of the evidence that Dr. [Stephen] …

Idaho Court Of Appeals: Indigent Prisoners Not Required To Post Bond

Article • July 15, 2011

Filed under: Habeas Corpus, Bond Fees, Federal Statutory Law, RLUIPA, Religious Practices, Religious Property

Idaho Court Of Appeals: Indigent Prisoners Not Required To Post Bond by Matthew Clarke By Matt Clarke The Idaho Court of Appeals has ruled that an indigent prisoner’s legal action cannot be dismissed for failure to post the bond required by I.C. § 6-610 of persons filing suit against a …

Kelly v. Wengler, ID, Complaint, CCA Failure to Protect, 2011

Brief • February 21, 2011

Filed under: Corrections Corporation of America/CoreCivic, Failure to Protect (General)

Kelly v. Wengler, ID, Complaint, CCA Failure to Protect, 2011 Case Case 1:09-cv-00010-EJL 1:11-cv-00185-EJLDocument Document 143-2 1 Filed Filed 04/27/11 02/21/11Page Page 1 of 1 67 of 67 STEPHEN L. PEVAR American Civil Liberties Union Foundation 2074 Park Street Hartford, Connecticut 06106 (860) 570-9830 (APPENDIX B) LEA C. COOPER ISB …

Controversial Report Criticizes Director of Idaho Parole Commission

Article • November 15, 2010 • from PLN November, 2010

Filed under: Retaliation, Retaliation for Filing Grievances, Retaliation against Staff, Parole Conditions

Controversial Report Criticizes Director of Idaho Parole Commission by Matthew Clarke by Matt Clarke In February 2010, the Idaho legislature’s Office of Performance Evaluations (OPE) released an audit report titled “Increasing Efficiencies in Idaho’s Parole Process.” Among other things, the report critiqued Olivia Craven, Executive Director of the Idaho Commission …

St. Anthony Work Camp, ID Update Report NCCHC 2010

Publication • November 12, 2010

Filed under: Nat'l Commission on Correctional Health Care

St. Anthony Work Camp, ID Update Report NCCHC 2010 St. Anthony Work Camp, ID November 12, 2010 UPDATE REPORT The National Commission on Correctional Health Care is dedicated to improving the quality of correctional health services and helping correctional facilities provide effective and efficient care. NCCHC grew out of a …