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Article • May 5, 2016 • from PLN May, 2016
Nonviolent Michigan Offenders Can Seek Expungement Under New Law by David Reutter A recently-enacted Michigan law allows an offender convicted of a nonviolent felony or two misdemeanors to ask a judge to expunge their criminal record. The expungement bill had been in the works for several years before it was …
Article • May 5, 2016 • from PLN May, 2016
Prisoner Rights Advocates Disappointed with Pace of Obama Clemency Initiative by Derek Gilna President Barack Obama made news in December 2015 when he commuted the sentences of 95 federal prisoners. However, with only one year left in his second term, it is unlikely that he will act on thousands of …
Former U.S. Attorney General’s Legacy: Too Little, Too Late by Derek Gilna The U.S. Sentencing Commission’s unanimous vote in April 2014 to reduce sentencing guidelines two levels for certain defendants convicted of nonviolent drug crimes was a major step in cutting the federal prison terms of both the newly-convicted and …
Article • May 5, 2016 • from PLN May, 2016
Medically Unacceptable Biopsy States Eighth Amendment Claim by In an unpublished ruling, the Ninth Circuit Court of Appeals held the estate of California prisoner Robert Staggs stated a claim that prison doctors were deliberately indifferent to his serious medical needs. The matter was before the Ninth Circuit after the district …
Article • May 5, 2016 • from PLN May, 2016
Prisoners in Chicago Learn Skills, Improve Neighborhoods by Demolishing Vacant Homes by Gary Hunter Cook County, Illinois has become the first county in the nation to employ a new, double-edged strategy to attack neighborhood blight and train jail prisoners for productive employment following their release, by using prisoner labor to …
Article • May 5, 2016 • from PLN May, 2016
Report Documents U.S. Recidivism Rates for Federal Prisoners by Christopher Zoukis The U.S. Sentencing Commission (USSC), an independent agency within the judicial branch which writes federal sentencing guidelines and studies federal crime and sentencing policies, released a major new study in March 2016 titled “Recidivism Among Federal Offenders: A Comprehensive Overview.” …
California Jail’s Psychotropic Medication Policy Leads to Lawsuit, Settlement by David Reutter Cost cutting is a staple of most prison and jail systems. However, a mid-2007 decision by California’s Fresno County Jail (FCJ) to restrict psychotropic drugs for prisoners turned out to be a short-sighted exercise that resulted in human …
Idaho Prison Population Drops, Out-of-State Prisoners Re-turned by Christopher Zoukis In a positive sign of declining prison populations, on February 10, 2016, Idaho Department of Correction Director Kevin H. Kempf announced that all 173 state prisoners remaining at the Kit Carson Correctional Center, a Colorado facility operated by Corrections Corporation …
Delaware Prisoners Sue DOC Alleging Sexual Assaults by Prison Doctor by Christopher Zoukis In a case of alleged staff misconduct at a Delaware prison, nine prisoners filed suit in Sussex County Superior Court alleging that a former prison doctor sexually assaulted them on numerous occasions. The prisoners’ lawsuit claims that …
Article • May 5, 2016 • from PLN May, 2016
Seventh Circuit: Former Parolee May Sue Over Delayed Release from Parole by On May 19, 2015, the Seventh Circuit Court of Appeals held that a former parolee may pursue an Eighth Amendment claim in a 42 U.S.C. § 1983 civil rights suit alleging a parole officer had intentionally delayed her …
Hawaii Prisons Experience Security Failures, Other Troubling Incidents by David Reutter Operations and management at two Hawaii prisons are under scrutiny following a series of incidents over the past several years that have ranged from prisoner deaths and escapes to sexual harassment by staff members and the beating of a …
Article • May 5, 2016 • from PLN May, 2016
Filed under: False Arrest
Second Circuit: Truth of Arrest Remains Despite Connecticut “Erasure” Law by Mark Wilson The Second Circuit Court of Appeals held that Connecticut’s “Erasure Statute” does not render factually-true statements about a person’s arrest false. Connecticut law allows for the destruction of arrest records if an individual is found not guilty, …
Article • May 5, 2016 • from PLN May, 2016
Second Circuit: Administrative Remedies Unavailable for Beating at Holding Facility by The Second Circuit Court of Appeals held the defendants in a civil rights action failed to establish that a prisoner had an available administrative remedy for exhaustion purposes under the Prison Litigation Reform Act (PLRA). After a New York …
Article • May 5, 2016 • from PLN May, 2016
BOP Recognizes Humanist Religion after Prisoner Files Suit by Derek Gilna The American Humanist Association, affiliated with over 1,000 congregations in the United States, has been a recognized religion for decades – but it took a civil rights complaint by a federal prisoner at FCI Sheridan in Oregon to finally …
Article • May 5, 2016 • from PLN May, 2016
A “Quantum Leap” Isn’t Far Enough for the Prison Phone Industry by Carrie Wilkinson The December 2015 issue of Prison Legal News detailed a historic October 2015 rulemaking decision by the Federal Communications Commission (FCC) to comprehensively reform the prison phone industry. Regular PLN readers are all too familiar with …
Article • May 5, 2016 • from PLN May, 2016
Suit Filed Over New Hampshire DOC’s Restrictive Mail Policy by On December 18, 2015, the American Civil Liberties Union and the law firm of Bernstein, Shur, Sawyer and Nelson, P.A. filed a federal lawsuit on behalf of a three-year-old child and his grandmother, claiming that the New Hampshire Department of …
Warden’s Decision to Quarantine Handicapped Person in Unaccommodated Cell Actionable; $200,000 Settlement by The Sixth Circuit Court of Appeals held that a warden who placed a double amputee prisoner with MRSA in a segregation unit without handicap accommodations was not entitled to qualified immunity. When Martinique Stoudemire, 23 at the …
Article • May 5, 2016 • from PLN May, 2016
Tennessee Sheriff’s Denial of Public Records Merits Attorney Fee Award by A Tennessee appellate court held the sheriff of Marshall County had willfully denied access to public records requested by PLN. Consequently, the plaintiff was entitled to attorney fees after filing a lawsuit to compel production of the records. In …
Article • May 5, 2016 • from PLN May, 2016
Why is California Thumbing its Nose at a Federal Court? by Caleb Mason The Ex Post Facto Clause of the Constitution provides that the government can’t retroactively increase the penalty for criminal conduct. It applies not just to initial sentence length but also to potential “good-time credit” prisoners can earn …
Article • May 5, 2016 • from PLN May, 2016
New York: $35,000 Awarded for Three-week Illegal Confinement by Mark Wilson The Supreme Court of New York, Appellate Division has upheld a $35,000 damage award in favor of a former prisoner illegally confined for three weeks. In October 2007, Robert Miller was charged with second- and third-degree drug offenses. He …
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