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Fourth Circuit Rebuffs Federal Prisoner’s Attempt to Expand Bivens in North Carolina by David Reutter by David M. Reutter On May 3, 2023, the U.S. Court of Appeals for the Fourth Circuit affirmed dismissal of a federal prisoner’s civil rights suit, finding his Fifth Amendment claim did not fit within …
Article • November 15, 2023 • from PLN November, 2023
Fifth Circuit Reverses Dismissal of Texas Prisoner’s Failure-to-Protect Claim by Texas state prisoner Richard Luna saw his claim revived against officials with the state Department of Criminal Justice (TDCJ) on February 6, 2023, when the U.S. Court of Appeals for the Fifth Circuit determined that a lower court erred when …
Article • November 15, 2023 • from PLN November, 2023
Filed under: Settlements
St. Louis City Jails Director Under Fire, County Jail Director Leaves After Nearly $2.7 Million in Legal Payouts by Benjamin Tschirhart by Benjamin Tschirhart When you’re arrested in St. Louis, it doesn’t much matter whether you end up in the city’s jail or the lockup in adjacent St. Louis County; …
Article • November 15, 2023 • from PLN November, 2023
Condemned Arizona Prisoner Reprieved by Benjamin Tschirhart by Benjamin Tschirhart On June 22, 2023, the chief prosecutor in Arizona’s Maricopa County dropped a suit filed to force the state to execute condemned prisoner Aaron Gunches. As previously reported by PLN, the state Supreme Court issued a death warrant on March …
Article • November 15, 2023 • from PLN November, 2023
Fourth Circuit: Dismissal of South Carolina Prisoner’s Complaint Cannot Prematurely Be Called a “Strike” Under PLRA by Douglas Ankney by Douglas Ankney On April 13, 2023, the U.S. Court of Appeals for the Fourth Circuit ruled that a district court cannot dismiss a prisoner’s complaint and at the same time …
Article • November 15, 2023 • from PLN November, 2023
After Spate of Deaths, Vermont Contracts Prisoner Healthcare to Wellpath – Again by Vermont’s Department of Corrections (DOC) announced in April 2023 that Wellpath LLC would replace VitalCore Health Strategies to provide healthcare in state prisons. Wellpath corporate predecessor Correct Care Solutions (CCS) held the contract from 2010 to 2015. …
Article • November 15, 2023 • from PLN November, 2023
Ohio Prisoner’s Suit Claims Exposure to Toxic Chemicals Released in Train Derailment by On May 31, 2023, the federal court for the Northern District of Ohio consolidated a state prisoner’s pro se suit into a class-action with almost 30 others that have been filed over exposure to toxic vinyl chloride …
Article • November 15, 2023 • from PLN November, 2023
Minnesota Makes All Calls Free in Prisons and Jails by On May 19, 2023, Minnesota Gov. Tim Walz (D) signed into law SF 2909, the Judiciary and Public Safety budget bill. Introduced by two Democratic state lawmakers, Sen. Clare Oumou Verbeten and Rep. Esther Agbaje, the measure made calls free …
Article • November 15, 2023 • from PLN November, 2023
Connecticut Lawmakers Punt on Limiting Prison Strip Searches by David Reutter by David M. Reutter During their 2023 session, Connecticut lawmakers took a pass on legislation to rein in routine prison strip searches, which advocates testified were “humiliating” and “intrusive.” There was, however, widespread interest in appearing interested in the …
Article • November 15, 2023 • from PLN November, 2023
DNA Matches Dead Australian to Nebraska Prisoner Who Escaped 56 Years Ago by After his death in 2010 at age 69, John Vincent Damon’s family members would occasionally walk through Tamborine Mountain Cemetery in Queensland, Australia, just to stand at his grave. He left behind a wife and two adult …
Article • November 15, 2023 • from PLN November, 2023
Filed under: Cell Searches, Lockdowns
Two-Week Texas Prison Lockdown Ends With Puny Contraband Haul by After locking down almost 129,000 prisoners for nearly two weeks to search for contraband, the Texas Department of Criminal Justice (TDCJ) announced on September 18, 2023, that “normal operations” had resumed at 64 of its 98 facilities. But prison officials …
Brief • November 15, 2023
Davis v. Lowe, PA, Complaint, Excessive Force, 2023 Case 4:23-cv-01896-WIA Document 1 Filed 11/15/23 Page 1 of 46 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DAMION DAVIS, : : Plaintiff, : : v. : : CRAIG LOWE, Warden; : FAGAN, Corrections Lieutenant; : LINDA FORSHAY, …
Brief • November 15, 2023
Cooper v. Clancy, NY, Verdict, Wrongful Death, 2023 Case 9:19-cv-00362-AMN-ML Document 226 Filed 11/15/23 Page 1 of 4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK TRACY YVONNE COOPER, as Administrator, of the Estate of TERRY L. COOPER, JR., 9: 19-cv-362 (AMN/ML) Plaintiff, V. PATRICKM. CLANCY, STEVEN W. WOOD, …
Brief • November 14, 2023
Gary v. Alaska Dept of Corrections, AK, Complaint, Religious Accomodations, 2023 ACLU OF ALASKA FOUNDATION 1057 W. Fireweed Ln. Suite 207 Anchorage, Alaska 99503 TEL: 907.258.0044 FAX: 907.263.2016 EMAIL: courtfilings@acluak.org Ruth Botstein Alaska Bar No. 9906016 Melody Vidmar Alaska Bar No. 2305044 ACLU of Alaska Foundation 1057 West Fireweed Lane, …
Brief • November 14, 2023
Filed under: Immigration Detention
Lucas R. v. Becerra, CA, Stipulated Settlement of Plaintiff's Fifth Claim for Relief (Disability), Detained Immigrant Children, 2023 Case 2:18-cv-05741-DMG-PLA Document 408-5 Filed 11/14/23 Page 1 of 47 Page ID #:20093 Exhibit C Exhibit C Page 71 Case 2:18-cv-05741-DMG-PLA Document 408-5 Filed 11/14/23 Page 2 of 47 Page ID #:20094 …
Brief • November 14, 2023
Filed under: Immigration Detention
Lucas R v. Becerra, CA, (Proposed)Stipulated Settlement of Plaintiff's Third Claim for Relief (Pyschotropic Meds), Detained Immigrant Children, 2023 Case 2:18-cv-05741-DMG-PLA Document 408-3 Filed 11/14/23 Page 1 of 48 Page ID #:20023 Exhibit A Exhibit A Page 1 Case 2:18-cv-05741-DMG-PLA Document 408-3 Filed 11/14/23 Page 2 of 48 Page ID …
Brief • November 14, 2023
Filed under: Immigration Detention
Lucas R. v. Becerra, CA, (Proposed) Stipulated Settlement of Plaintiff's Fourth Claim for Relief, Detained Immigrant Children, 2023 Case 2:18-cv-05741-DMG-PLA Document 408-4 Filed 11/14/23 Page 1 of 22 Page ID #:20071 Exhibit B Exhibit B Page 49 Case 2:18-cv-05741-DMG-PLA Document 408-4 Filed 11/14/23 Page 2 of 22 Page ID #:20072 …
Brief • November 14, 2023
Filed under: Wrongful Death
Estate of Austin Georgatos v. State of Arizona, AZ, Settlement, Wrongful Death, 2023 Vinesign Document ID: E7ACDA82-D751-4F91-8FBF-805915C138BC SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Settlement Agreement") is made and entered into by and among: "Plaintiffs": Julie Georgatos, as surviving parent of Austin Georgatos and as the personal …
Brief • November 12, 2023
Dunsmore v. San Diego County Sheriff's Dept, CA, Article , Conditions of Confinement, 2023 Suit over San Diego jail conditions wins class-action status - The San D... 1 of 5 Sections https://www.sandiegouniontribune.com/news/watchdog/story/2023-11-1... ffltt .San l!lit_go llnion-~t WATCHDOG Federal lawsuit over conditions and treatment in San Diego County jails wins class-action …
First Report and Recommendations on 2023 Deaths in New York City Department of Correction Custody, Nov. 2023 BOARD OF CORRECTION CITY OF NEW YORK First Report and Recommendations on 2023 Deaths in New York City Department of Correction Custody1 November 9, 2023 Authored by Deputy General Counsel Melissa Cintrón Hernández, …
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