Search | Prison Legal News

Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity

Article • February 15, 2014 • from PLN February, 2014

Filed under: Sexual Assault, Staff-Prisoner Assault, Guard Misconduct, Qualified Immunity

Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity by The Tenth Circuit has affirmed the denial of qualified immunity to a warden in a civil rights action that alleged he created and allowed a policy or culture of sexual misconduct and failed to take reasonable measures to abate that …

Kansas Supreme Court Vacates Attorney Fee Reimbursement Order

Article • December 15, 2013 • from PLN December, 2013

Filed under: Attorneys, Attorney Fee Awards, Public Defenders

Kansas Supreme Court Vacates Attorney Fee Reimbursement Order by The Kansas Supreme Court vacated a sentencing court’s order requiring a criminal defendant to reimburse Board of Indigents’ Defense Services (BIDS) attorney fees, for failing to make appropriate findings on the record. Morgan Wade was convicted of killing his former girlfriend …

Kansas Supreme Court Holds Inpatient Drug Treatment Time Counts as Jail Time in Consecutive Non-Drug Case

Article • December 15, 2013 • from PLN December, 2013

Filed under: Sentencing, Good Time, Drug Treatment/Rehab

Kansas Supreme Court Holds Inpatient Drug Treatment Time Counts as Jail Time in Consecutive Non-Drug Case by The Supreme Court of Kansas has held that a prisoner is entitled to have time spent in an inpatient drug treatment facility while on probation count as jail time in a consecutive non-drug …

Jackson v. Ash, KS, Class Action Motion, Postcard Only Mail Policy, 2013

Brief • December 3, 2013

Filed under: Publications/Books, Mail Regulations

Jackson v. Ash, KS, Class Action Motion, Postcard Only Mail Policy, 2013 Case 2:13-cv-02504-EFM-JPO Document 18 Filed 12/03/13 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS TYRELL JACKSON, et al., on behalf of themselves and on behalf of classes of persons similarly situated; Plaintiffs, v. …

Jackson v. Ash, KS, Dft's Response to Mtn. for Class Cert. Postcard Only Mail Policy, 2013

Brief • November 12, 2013

Filed under: Publications/Books, Mail Regulations, Due Process

Jackson v. Ash, KS, Dft's Response to Mtn. for Class Cert. Postcard Only Mail Policy, 2013 Case 2:13-cv-02504-EFM-JPO Document 15 Filed 11/12/13 Page 1 of 9 In the United States District Court For the District of Kansas Tyrell Jackson, et al. Plaintiffs, v. Donald Ash Defendant. _____________________________ ) ) ) …

Effective Counsel Required in Kansas Civil Commitment Proceedings

Article • October 15, 2013 • from PLN October, 2013

Filed under: Misconduct/Corruption, Prosecutor/Attorney General Misconduct, Civil Commitment

Effective Counsel Required in Kansas Civil Commitment Proceedings by The Kansas Supreme Court has held that prisoners facing civil commitment under the Kansas Sexually Violent Predators Act (KSVPA) have a due process right to effective assistance of counsel. The Court also held that ineffective assistance of counsel claims may be …

Jackson v. Ash, KS, Class Action Complaint, Postcard Only Mail Policy, 2013

Brief • September 30, 2013

Filed under: Publications/Books, Mail Regulations

Jackson v. Ash, KS, Class Action Complaint, Postcard Only Mail Policy, 2013 Case 2:13-cv-02504-EFM-JPO Document 1 Filed 09/30/13 Page 1 of 15 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS TYRELL JACKSON and RANDALL CHAPMAN, on behalf of themselves and on behalf of a class of persons similarly situated, …

Kansas Supreme Court Clarifies Procedures to be followed in Addressing Requests for DNA Testing

Article • August 15, 2013

Filed under: Searches, DNA Testing/Samples

Kansas Supreme Court Clarifies Procedures to be followed in Addressing Requests for DNA Testing by In October 2012, the Supreme Court of Kansas reversed a trial court’s denial of a petition for DNA testing by convicted murderer Robert Lackey II. In so doing, the Court clarified the procedures to be …

Kansas Supreme Court Reverses Jail Suicide Summary Judgment

Article • April 15, 2013

Filed under: Civil Procedure, Summary Judgment, Suicides

Kansas Supreme Court Reverses Jail Suicide Summary Judgment by The Kansas Supreme Court unanimously held that jailers were not entitled to summary judgment for failing to prevent a detainee's suicide. Anthony Stapleton was detained in the Shawnee County Adult Detention Center, from October 23, 2002, until his November 29, 2002 …

Former Kansas Prisoner Civil Rights Suit Dismissed by 10th Circuit

Article • April 15, 2013

Filed under: Judicial Misconduct, Federal Statutory Law, Americans with Disabilities Act, Rehabilitation Act, RLUIPA

Former Kansas Prisoner Civil Rights Suit Dismissed by 10th Circuit by Derek Gilna The 10th Circuit Court of Appeals has affirmed a district court decision dismissing the 42 U.S.C. Section 1983 case alleging violations of the Kansas Constitution, the Kansas Tort Claims Act, the Americans with Disabilities Act, the Rehabilitation …

Tenth Circuit: Individual Damage Claims Improper Under RLUIPA; Right Against Rastafarian Haircut Not Clearly Established

Article • April 15, 2013

Filed under: Grooming Rules, RLUIPA, Religious Freedom, Religious Grooming, Religious Practices

Tenth Circuit: Individual Damage Claims Improper Under RLUIPA; Right Against Rastafarian Haircut Not Clearly Established by The Tenth Circuit Court of Appeals upheld a lower court's dismissal of a Kansas Rastafarian prisoner's constitutional and statutory challenges to a requirement that he comb out or cut his dreadlocks. Sturgeon Stewart was …

Tenth Circuit Faults Kansas Prisoners' Representation; Upholds Dismissal of Compulsory Savings Account Challenge

Article • March 15, 2013

Filed under: Attorneys, Malpractice (Attorneys), Appeals, Seizure of Prisoner Funds, Trust Accounts

Tenth Circuit Faults Kansas Prisoners' Representation; Upholds Dismissal of Compulsory Savings Account Challenge by Thanks largely to profoundly incompetent representation, the Tenth Circuit Court of Appeals affirmed the dismissal of a constitutional challenge to compulsory Kansas prison savings account policies. The Kansas Department of Corrections (KDOC) adopted policies requiring that …

Rippee v. Shawnee County, KS, Settlement, Jail-Medication Overdose Death, 2012

Brief • January 10, 2013

Filed under: Prison Health Services, Corizon, Drug Overdose, Jail Specific, Medical Neglect/Malpractice

Rippee v. Shawnee County, KS, Settlement, Jail-Medication Overdose Death, 2012 SETTLEMENT AGREEMENT AND RELEASE This Agreement is between Kaw Valley, Administrator of the Estate of John Bradley Rippee, deceased, and Charlotte Rippee, individually and on behalf of all heirs at law of John Bradley Rippee, deceased, (referred to in this …

Attorney Who Brought Reporter into Prison Cleared of Ethical Violations

Article • September 15, 2012 • from PLN September, 2012

Filed under: Retaliation, Retaliation for Media Contact, Attorney Misconduct

Attorney Who Brought Reporter into Prison Cleared of Ethical Violations by A Kansas lawyer who took an investigative reporter into the Topeka Correctional Facility (TCF), a women’s prison, has had the cloud of a pending ethics complaint lifted after two years. The complaint was filed with the Kansas Board for …

Rogers v. Board of County Commissioners of Shawnee County, KS, Amended Petition, Fall From Bunk, 2012

Brief • August 30, 2012

Filed under: Injury -- Misc.

Rogers v. Board of County Commissioners of Shawnee County, KS, Amended Petition, Fall From Bunk, 2012 Eric Kjorlie, #08065 Historic Tinkham Veale Place 827 SW Topeka Blvd. Topeka, Kansas 6612-1608 (785) 232-6868 (O); (785) 232-6878 (F) Email: kjorlielaw@sbcglobal.net IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS DIVISION ONE GIUSEPINNA LIDIA …

Prison Legal News v. BoC of Shawnee Co - Kline, KS, Settlement Agreement, censorship, 2012

Brief • February 10, 2012

Filed under: PLN Litigation, Censorship, PLN related

Prison Legal News v. BoC of Shawnee Co - Kline, KS, Settlement Agreement, censorship, 2012 - - - , ---,------.,--_._-. "$itlliWf\lt:.rGOl1f..lIJl <&ONIn~£;~C( (:,l~«20 I :L-=-_ _ IN THE UNITED STATES DISTRICT COURT DISTRICT OF KANSAS PRISON LEGAL NEWS, a project of the HUMAN RIGHTS DEFENSE CENTER, Plaintiff, ) ) ) …

US EPA Takes Action Against Kansas Prison for Asbestos Violations

Article • December 15, 2011 • from PLN December, 2011

Filed under: Conditions of Confinement, Environmental Law, Asbestos

US EPA Takes Action Against Kansas Prison for Asbestos Violations by The federal Environmental Protection Agency (EPA) has issued orders against the Kansas Department of Corrections (KDOC) for violations of federal law concerning asbestos removal. The violations stem from a renovation in 2005-2006 at the Topeka Correctional Facility (TCF). The …

Traffic Tickets Lead to Kansas Jail Reform

Article • November 15, 2011

Filed under: Conditions of Confinement, Totality of Conditions, Overcrowding, Jail Specific

Traffic Tickets Lead to Kansas Jail Reform by The U.S. District Court of Kansas determined that the totality of conditions at the Sedgwick County Jail violated detainee’s Constitutional rights. Sedgwick County Jail was built in the early 1950s, and was designed to hold a maximum of 135 prisoners. The number …

Tenth Circuit Bars Prisoner From Filing Claim In Forma Pauperis

Article • November 15, 2011

Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA)

Tenth Circuit Bars Prisoner From Filing Claim In Forma Pauperis by The Tenth Circuit Court of Appeals ruled that Michael Lee Strope, also known as Gordon Eugene Strope, a prisoner in the state of Kansas, is barred from filing any further civil action informal pauperis (IFN). Before the court were …

Report Finds Federal Prisoners Exposed to Toxic Metals in Recycling Jobs

Article • October 15, 2011 • from PLN October, 2011

Filed under: Retaliation, Retaliation against Staff, Whistleblowing, Prison Industries, Prison Labor, Work Conditions/Safety, Toxic Fumes/Chemicals

Report Finds Federal Prisoners Exposed to Toxic Metals in Recycling Jobs by A four-year study by the U.S. Department of Justice’s Office of the Inspector General (OIG), released in October 2010, found that prisoners and employees at ten federal prisons were exposed to hazardous metals and materials while handling electronic …