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Article • April 3, 2017 • from PLN April, 2017
PLN Files Censorship Suit Against Cook County, Illinois by On June 30, 2016, Prison Legal News filed a federal civil rights lawsuit against Cook County, Illinois, Sheriff Thomas J. Dart and Cook County jail officials, alleging they unconstitutionally censored PLN’s monthly publication and books mailed to prisoners at the jail. …
Article • April 3, 2017 • from PLN April, 2017
Ninth Circuit: “Debatable” Constitutionality Requires Qualified Immunity by The Ninth Circuit Court of Appeals held that prison officials were entitled to qualified immunity for refusing to surgically repair a prisoner’s umbilical hernia because it was “debatable” whether they had complied with the Eighth Amendment. Washington state prisoner Fleet Hamby suffered …
Fourth Circuit Reinstates Prisoner’s Lawsuit Over Coerced Penis Surgery by Lonnie Burton by Lonnie Burton On June 7, 2016, a unanimous panel of the Court of Appeals for the Fourth Circuit partially reinstated a lawsuit brought by a West Virginia state prisoner who claimed prison officials had coerced him to …
Despite Past Problems, Prison Privatization in Ohio May Expand by Lonnie Burton by Lonnie Burton Ohio Governor John Kasich believes in privatization of some government functions as both a way to save the state money and improve the services that residents receive. So in 2011 he submitted a budget plan …
BOP Potentially Liable for Valley Fever Outbreak at Privately-run California Prison by Lonnie Burton by Lonnie Burton On May 20, 2016, the U.S. Court of Appeals for the Ninth Circuit reinstated lawsuits filed by two federal prisoners who had sued the government and two prison contractors for failing to protect …
Article • April 3, 2017 • from PLN April, 2017
Lawsuit Claims Ohio Jail Guards Raped, Tortured Female Prisoner by According to a lawsuit filed on January 27, 2017, a woman incarcerated at the Warren County, Ohio jail in May 2013 was “so desperate for help she attempted to write on the cell wall, in her own blood, ‘God, please …
Article • April 3, 2017 • from PLN April, 2017
Filed under: Criminal Prosecution
GM Hides Defect that Killed 124 People, but No One Goes to Prison by Joe Watson by Joe Watson Not one executive or employee of General Motors Corporation (GM) will face jail time despite an admission by the company that it concealed an ignition switch defect that resulted in the …
Fee Award in Arizona Prison Healthcare Suit Helps Fund Legal Services for Immigrant Detainees, ACLU by Joe Watson by Joe Watson A law firm that helped represent Arizona prisoners pro bono in a lawsuit against the state’s Department of Corrections (ADC) over substandard medical treatment is using the attorneys’ fees …
California Pays for Transgender Prisoner’s Sex Reassignment Surgery by Joe Watson by Joe Watson The rights of transgender prisoners are in the throes of a major transition. In August 2015, California’s Department of Corrections and Rehabilitation (CDCR) made the unprecedented decision to pay for sex reassignment surgery (SRS) for Shiloh …
Article • April 3, 2017 • from PLN April, 2017
ACLU Exposes Debtors’ Prisons Across New Hampshire by Joe Watson by Joe Watson In a September 2015 report, the ACLU of New Hampshire revealed that judges across the state were jailing impoverished defendants due to their inability to pay fines, a practice the ACLU-NH called “unconstitutional, financially unsound and cruel.” …
Article • April 3, 2017 • from PLN April, 2017
Federal Dismissals Not In Forma Pauperis Strikes in Arkansas by On May 5, 2016, the Arkansas Supreme Court reversed the revocation of a prisoner’s in forma pauperis status, finding that dismissed federal court actions could not be counted as strikes under state law. Arkansas Code Annotated (ACA) § 16-68-607 prohibits …
Article • April 3, 2017 • from PLN April, 2017
Michigan County Jail Loses Appeal on Legal Mail, Settles with ACLU by Derek Gilna by Derek Gilna Officials in Livingston County, Michigan have agreed to settle a lawsuit filed by the American Civil Liberties Union (ACLU) of Michigan, which argued that a “postcard-only” policy for mail sent to prisoners at …
Article • April 3, 2017 • from PLN April, 2017
Innocence Project Blasts Lack of Consequences from Prosecutorial Misconduct by Derek Gilna by Derek Gilna The Innocence Project has published a report that examines the lack of consequences for prosecutors who engage in misconduct resulting in the conviction and imprisonment of innocent defendants. The non-profit organization examined court records in …
Article • April 3, 2017 • from PLN April, 2017
Connecticut DOC Settles Five Percenters Religious Rights Suit by Derek Gilna by Derek Gilna The Connecticut Department of Corrections (DOC) has settled a federal lawsuit filed by a state prisoner and entered into a consent decree recognizing his religion. The Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § …
Article • April 3, 2017 • from PLN April, 2017
$175,000 Settlement for BOP’s Deliberate Indifference to Mentally Ill Prisoner by Derek Gilna by Derek Gilna Robert Gerald Knott, who had spent decades in the federal Bureau of Prisons (BOP), committed suicide after staff at the ADX Florence supermax in Colorado ignored clear signs that he was going to harm …
Article • April 3, 2017 • from PLN April, 2017
Denial of Sex Offender Treatment Nets Disabled Utah Prisoner $60,000 by The Utah Department of Corrections (DOC) agreed to pay a former prisoner $60,000 for effectively adding 13 years to his sentence by denying him sex offender treatment due to his disabilities. In 1996, Richard Ramirez was convicted of sexually …
Article • April 3, 2017 • from PLN April, 2017
Ignorance, Bureaucracy and Red Tape: U.S. Citizens Mistakenly Deported by Christopher Zoukis by Christopher Zoukis According to Bryan Cox, a spokesman for Immigration and Customs Enforcement (ICE), “claims of U.S. citizenship of individuals encountered by ICE officers, agents, and attorneys are immediately and carefully investigated and analyzed.” However, the United …
Article • April 3, 2017 • from PLN April, 2017
COA Not Required for Innocence Protection Act Appeals by The Fourth Circuit Court of Appeals held last year that a Certificate of Appealability is not required to appeal the denial of a motion for DNA testing pursuant to the Innocence Protection Act (IPA), though the Court affirmed the denial of …
Article • April 3, 2017 • from PLN April, 2017
Texas City Settles Suit Over Jail Prisoner’s Death for $1.25 Million by Matthew Clarke by Matthew Clarke In April 2016, the City of Arlington, Texas agreed to pay the estate of a man who died in the municipal jail $1.25 million to settle a wrongful death suit. Two jailers were …
Article • April 3, 2017 • from PLN April, 2017
Settlement in Baltimore Prison Conditions Class-Action Suit by The Maryland Department of Public Safety and Correctional Services (MDPSCS) agreed to a settlement in a class-action suit challenging conditions of confinement and the provision of medical care at the Baltimore City Detention Center (BCDC). The case encompassed BCDC and the Women’s …
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