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Article • November 8, 2016 • from PLN November, 2016
Arkansas Secretary of State Issues Faulty Felon Data, Thousands Purged from Electoral Rolls by It will be up to county clerks in Arkansas to fix a grand-scale mistake by Secretary of State Mark Martin’s office, and the ability of thousands of people to vote in November’s general election is in …
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 …
Illinois Jail Detainee’s Inadequate Food and Contaminated Water Claims Survive Initial Dismissal by On September 25, 2015, the Seventh Circuit Court of Appeals reversed the dismissal of a civil rights action brought by a pre-trial detainee at Illinois’ Cook County Jail that alleged inadequate food and contaminated water. However, the …
Article • November 8, 2016 • from PLN November, 2016
Preliminary Injunction Granted in Class-action Suit Challenging Private Probation Services in Tennessee by David Reutter Another victory in the fight against debtors’ prisons was achieved with the grant of an injunction by a Tennessee federal district court. The preliminary injunction, issued in a class-action lawsuit in December 2015, prohibits a …
Article • November 8, 2016 • from PLN November, 2016
Eleventh Circuit Reverses Finding that Seizure of Prisoner’s Legal Mail Stated Claim by A Georgia federal district court, in denying a motion to dismiss, found an attorney has a Fourth Amendment right to “privacy and possessory interest in letters mailed to him, and that the government may not take and …
Wisconsin: Prison Hunger Strike Reaches Crisis Point by According to an August 22, 2016 report from Workers World, an ongoing hunger strike at the Waupun Correctional Institution in Wisconsin has reached a crisis point. A group of at least eight prisoners at Waupun and the Columbia Correctional Institution began refusing …
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 …
Inquisitorial Telephonic Hearing to Screen Civil Rights Case Deemed Unlawful by In reversing an Illinois federal district court’s dismissal of a civilly committed sex offender’s civil rights action, the Seventh Circuit Court of Appeals did not mince words when condemning the lower court’s use of a merit review proceeding as …
The Rape Victims Silenced by Their Prison Cells by A prison chaplain who admitted to sexually assaulting three prisoners may spend less than a year behind bars. Why don’t we seem to care? by Melissa Jeltsen, Huffington Post When Leticia Villarreal, 42, began her prison sentence at McPherson Unit, a …
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 …
Southern Health Partners to Face Liability in Kentucky Pre-trial Detainee’s MRSA Death by The Sixth Circuit Court of Appeals reversed a grant of summary judgment to Southern Health Partners, Inc. (SHP) in a civil rights action alleging the company failed to train and supervise its nurses at Kentucky’s Hopkins County …
Challenge to Ohio Private Prison Confinement Not Cognizable in Habeas Corpus by Mark Wilson The Ohio Court of Appeals has affirmed the dismissal of a prisoner’s habeas corpus petition seeking immediate release from a private prison. Ohio state prisoner Maurice Freeman was confined at the Lake Erie Correctional Institution, a …
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. ________________________________________/ …
Fifth Circuit Holds Four Decades in Solitary Confinement Implicates Liberty Interest; Last Angola 3 Member Finally Released by Matthew Clarke On December 17, 2014, the Fifth Circuit Court of Appeals held that holding a prisoner in solitary confinement for almost 40 years implicated a liberty interest, and that prison officials …
Book Review: Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy by Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy, by Dr. Heather Ann Thompson (Pantheon Books, 2016). 752 pages, $24.00 (hardcover) Book review by Alan Mills Anyone who wants to …
Article • November 7, 2016 • from PLN November, 2016
Federal Prisoner Tells President “No Thanks” to Offer of Clemency with RDAP Condition by Derek Gilna Federal prisoner Arnold Ray Jones was one of almost 30,000 applicants seeking executive clemency from President Obama, including those who took part in Clemency Project 2014, which was launched to provide much-needed relief to …
Tenth Circuit: No Summary Judgment on Official Capacity Claims by Mark Wilson The Tenth Circuit Court of Appeals reversed a district court’s denial of summary judgment on individual capacity claims against an Oklahoma sheriff related to a prisoner’s suicide. The appellate court held it lacked jurisdiction to consider official capacity …
Article • November 7, 2016 • from PLN November, 2016
Allocation of Fault Required in Verdict Regarding Alaska Detainee’s Suicide; Case Settles for $900,000 by In September 2015, the Alaska Supreme Court vacated a $1,078,233 judgment in a lawsuit alleging the City of Hooper Bay was liable in the suicide of a 21-year-old detainee in a police holding cell. The …
Article • November 7, 2016 • from PLN November, 2016
Federal Court Upholds New York Prison System’s Denial of Motorized Wheelchairs; Second Circuit Reverses by Matthew Clarke In a September 30, 2015 order, a fed­eral district court held that the New York Department of Corrections and Community Supervision (DOCCS) could deny prisoners the use of wheelchairs with electric motors because …
Article • November 7, 2016 • from PLN November, 2016
Oregon Parole Board Incorrectly Prohibited Legal Assistant from Speaking at Parole Hearing by Mark Wilson Last year, the Oregon Court of Appeals held that a prisoner was improperly compelled to choose between having his mother or a legal assistant speak on his behalf at a parole hearing. Oregon state prisoner …
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