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Another Appeal in New York Post-Release Supervision Case by Matthew Clarke On October 14, 2015, U.S. District Court Judge Shira Scheindlin held she would retain jurisdiction over a class-action civil rights lawsuit in order to determine the damages to be awarded former prisoners for the imposition or continuation of post-release …
New Study Documents Lower Pre-arrest Incomes for Prisoners by Derek Gilna A study released last year, prepared by the Prison Policy Initiative (PPI), documented what most criminal justice experts have long suspected – that offenders’ pre-arrest incomes are significantly lower than the incomes of people who are not incarcerated. Interestingly, …
Merits Ruling on Procedurally Flawed Grievance Satisfies PLRA by The Eleventh Circuit Court of Appeals has held that district courts may not enforce a prison’s procedural rule to find a failure to exhaust administrative remedies after prison officials declined to enforce the rule themselves. The Court also found the district …
$500,000 in Settlements after Utah Prisoner Dies when Medical Technician Doesn’t Show up for Work by Christopher Zoukis On April 5, 2015, Ramon C. Estrada, 62, incarcerated since 2005, died at the Utah State Prison due to an apparent heart attack related to renal failure. His death was preceded by …
Article • December 7, 2016 • from PLN December, 2016
Missouri Governor Doesn’t Have to Serve as Public Defender by In a letter dated August 2, 2016, the director of Missouri’s Public Defender System called for Governor Jay Nixon – a licensed lawyer who was a four-term Attorney General before being elected governor – to represent an indigent defendant in …
Ninth Circuit Declines to Enforce Procedural Bar When Prison Officials Waive Rule by In a January 12, 2016 decision, the Ninth Circuit Court of Appeals held that a prisoner successfully exhausts “such administrative remedies as are available” under the Prison Litigation Reform Act (PLRA) “despite failing to comply with a …
Article • December 7, 2016 • from PLN December, 2016
Filed under: Settlements
New Mexico County Officials Settle Jail Prisoner’s Suit for $750,000 by A man who was incarcerated in a New Mexico jail for 18 days settled his lawsuit against county commissioners and jail officials for $750,000 in December 2015. Michael Faziani, who lives in Tennessee, moved temporarily to Truth or Consequences, …
Connecticut Prisoners File Suit Over Exposure to Radon Gas by Panagioti Tsolkas This summer, prisoners at the Garner Correctional Institution (GCI) in Newtown, Connecticut responded to more than two decades of radon exposure at the facility by filing a class-action lawsuit. “The length of time this went on didn’t have …
Prominent Texas Capital Defense Attorney Suspended for a Year by David Dow has near-legendary status among death penalty attorneys in Texas. He works pro bono for clients whose lives literally depend on him; he takes their cases after they arrive on death row, often seeking to right the wrongs committed …
Potential Class-action Suit over Domestic Violence “Victim Fees” in Georgia by The Atlanta-based Southern Center for Human Rights (SCHR) and Columbus, Georgia attorney Mark C. Post filed a federal lawsuit on October 5, 2016 on behalf of Cleopatra Harrison and a potential class of other women who were charged controversial …
Brief • November 29, 2016
Lilly v. City of New York, NY, Rothman Declaration in Support of Attorney's Fees, 2016 Case 1:16-cv-00322-ER Document 27 Filed 11/29/16 Page 1 of 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------X KAYHEEM LILLY, ) ) Plaintiff, ) ) -against) ) THE CITY OF NEW YORK; NYPD …
Brief • November 23, 2016
Adams v. Spokane County, WA, Settlement, Public Records Request, 2016 RELEASE OF ALL CLAIMS FOR AND IN CONSIDERATION of the sum of Three Thousand Five Hundred Dollars and 00/100 ($3,500.00) the receipt of which is hereby acknowledged, JAMES V. ADAl"'VIS, being of lawful age, does hereby release, acquit, and forever …
"The System Abuses Us by Locking Us Up Forever": Aging Survivors Behind Bars by Victoria Law By Victoria Law, Truthout On October 6, 2016, 15-year-old Bresha Meadows will appear in an Ohio family court for the death of her abusive father. Meadows had spent a lifetime watching her father hit, …
A Primer on Prisoners’ Constitutional Rights by Alex Friedmann Prison Legal News (PLN) regularly reports on prison and jail-related court decisions involving violations of prisoners’ constitutional rights. Those who are new to the arena of civil rights litigation and unfamiliar with prisoners’ few remaining rights may need a basic introduction …
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 …
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