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Colorado’s “Make My Day” Law No Longer Applies to Prisoners by David Reutter by David Reutter On the heels of the dismissal of murder charges against two Sterling Correctional Facility (SCF) prisoners under the state’s “Make My Day” law, lawmakers quickly rolled back the self-protection statute’s applicability to prisoners. Prosecutors …
Article • November 8, 2016 • from PLN November, 2016
Federal Judge Sanctions Idaho DOC for Misleading Special Master in Balla Case by Matthew Clarke On August 11, 2015, an Idaho federal court ordered sanctions against the State of Idaho and its prison system in a blistering ruling that found prison officials had intentionally misled a court-appointed special master regarding …
Article • November 8, 2016 • from PLN November, 2016
Settlement Comprehensively Overhauls Solitary Confinement in New York Prisons by Matthew Clarke On December 16, 2015, the State of New York and the New York Civil Liberties Union (NYCLU) announced a final settlement agreement that will change many aspects of the New York Department of Corrections and Community Supervision’s use …
Arkansas Court of Appeals Upholds Civil Forfeiture Ruling by On May 4, 2016, the Arkansas Court of Appeals upheld a lower court’s order for the civil forfeiture of nearly $20,000 seized from Guillermo Espinoza during a July 2013 traffic stop. Espinoza was never charged with a crime and prosecutors eventually …
Brief • November 8, 2016
Young v. Pickell, MI, Order to Enforce Consent Decree, Contaminated Water, 2016 2:16-cv-12459-AC-SDD Doc # 20 Filed 11/08/16 Pg 1 of 6 Pg ID 102 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TRACHELLE YOUNG, Plaintiff, vs. Case No. 16-12459 ROBERT J. PICKELL, HON. AVERN COHN Defendant. ________________________________________/ …
ACLU Sues California as Incompetent Defendants Wait in Jail for Mental Health Treatment by Joe Watson The ACLU filed a lawsuit last year on behalf of defendants declared incompetent to stand trial who languish in county jails across California while they await transfers to state mental health facilities. When the …
Indiana Federal Court Certifies Habeas Corpus Class of Prisoners Disciplined for Refusing to Admit Guilt in Sex Offender Program by Matthew Clarke On September 30, 2015, a U.S. district court certified a class of Indiana state prisoners who refused to admit their guilt as part of the Indiana Sex Offender …
Class-action Certified in Challenge to Treatment of Mentally Ill Mississippi Prisoners by David Reutter In September 2015, a Mississippi federal district court certified as a class-action a lawsuit challenging the treatment and conditions afforded mentally ill prisoners at the East Mississippi Correctional Facility (EMCF). The court further held that the …
Brief • November 3, 2016
Filed under: Excessive Force, Damages
Jennings v. Fuller, Verdict Form, Damages for Plaintiff, Unlawful Force, 2016 2:13-cv-13308-AC-RSW Doc # 120 Filed 11/03/16 Pg 1 of 6 Pg ID 1847 2:13-cv-13308-AC-RSW Doc # 120 Filed 11/03/16 Pg 2 of 6 Pg ID 1848 2:13-cv-13308-AC-RSW Doc # 120 Filed 11/03/16 Pg 3 of 6 Pg ID 1849 …
Article • November 1, 2016
Washington Supreme Court Sanctions Seattle Police for Failure to Comply With Public Records Act by Lonnie Burton Since 2007, Seattle Police Department's (SPD) entire patrol fleet has been equipped with in-car video and sound recording equipment ("dash-cam"). In 2010, a reporter from KOMO News, Tracy Vedder, made several requests to …
Article • November 1, 2016
Washington Prison File Inspection Request is PRA Request by Mark Wilson The Washington Court of Appeals held that a prisoner's request to review his central file was a Public Records Act (PRA) request. On May 3, 2010, an attorney for Washington prisoner Marvin Hunter requested the opportunity to review Hunter's …
NY: Prisoner's Abuse Claim Survives Motion to Dismiss by Lonnie Burton On December 2, 2014, a federal judge denied New York City's attempt to dismiss a suit filed by a Riker's Island prisoner who claimed he was attacked and beaten by a jail guard without provocation or justification. The excessive …
Brief • October 28, 2016
First Look Media Works, Inc. v. Department of Homeland Security, DC, Complaint, FOIA Violation, 2016 Case 1:16-cv-02165-CKK Document 1 Filed 10/28/16 Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA FIRST LOOK MEDIA WORKS, INC., 114 Fifth Ave. 18th Floor New York, NY 10011, PLAINTIFF vs. …
Article • October 27, 2016
Missouri Not Required to Disclose Identity of Doctor or Pharmacy Who Provide Drugs for Lethal Injections by Lonnie Burton In an 8-3 decision following an en banc hearing, the U.S. Court of Appeals for the Eighth Circuit ruled that the state of Missouri does not have to disclose the names …
Article • October 25, 2016
Federal Prison Worker Awarded Back Pay after Grievance Settled at Arbitration by Lonnie Burton The American Federation of Government Employees Council of Prison Locals, Local 510 (AFGE) and the United States Department of Justice (DOJ) entered into a settlement agreement on August 9, 2001, which provided for back pay with …
Article • October 25, 2016
Federal Court Rejects Prison Doctor's "Expert" Testimony by Lonnie Burton A U.S. District Court judge in Arizona has rejected nearly all of the proffered testimony of a doctor that prison officials had claimed was an "expert" on the issues of "the unique challenges of providing health care" in a correctional …
California Court Affirms Award of Attorney's Fees to Watchdog Group; Remands Case to Determine if Sanctions Appropriate by Lonnie Burton On June 7, 2016, the California Court of Appeal, Fourth Appellate District, Division One affirmed the award of attorney's fees to a state watchdog organization after they prevailed in a …
8th Circuit: "Favorable Termination" Rule Applies Even if Plaintiff No Longer Incarcerated by Lonnie Burton In Heck v. Humphrey, 512 U.S. 477 (1994), the Supreme Court ruled that a prisoner could not bring a suit for damages for an unconstitutional conviction or imprisonment, unless and until the underlying conviction has …
Brief • October 17, 2016
Jennings v. Rodriguez, US, ACLU Letter to SCOTUS, 2016 By Hand Delivery and Email October 17, 2016 Scott S. Harris Clerk Supreme Court of the United States 1 First Street, NE Washington, DC 20543 Re: Jennings v. Rodriguez, No. 15-1204 Dear Mr. Harris, Respondents submit this response to the Government’s …
Article • October 14, 2016
Ohio Supreme Court: Inference of Motive Justifies Death by Mark Wilson The Ohio Supreme Court affirmed the death sentence of a man who was sentenced to death by a three-judge panel on a mere inference of motive. David Williams, Nicholas Wiskur and Robin Patterson entered into a failed Ohio business …
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