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Publication • August 1, 2016
ACLU National Prison Project - U.S. Cases Citing U.N. Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), 2016 U.S. Cases Citing U.N. Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) David C. Fathi ACLU National Prison Project 915 15th St. N.W., 7th …
In-the-News Article • July 31, 2016
Arkansas DOC bans news clippings; PLN quoted July 31, 2016 Articles with PLN Quotes Arkansas Online Arkansas prisons close door on newsprint items Policy to help limit inflow of drugs By John Moritz  This article was published July 31, 2016 at 5:45 a.m. Newspaper clippings mailed to inmates at Arkansas prisons …
Article • July 29, 2016
BOP Agrees to Pay $1,200 and Provide Documents to Settle Discrimination Claim by The federal Bureau of Prisons agreed to provide documents to allow an employee to seek disability retirement and pay $1,200 in attorney fees to settle an Equal Employment opportunity complaint. Robert J. Perkin worked as a cook …
Article • July 29, 2016
Filed under: Discrimination, Commissary
Blind Vendors Have Priority in Tennessee Law; Law Applicable to Jails and Prisons by A Tennessee Court of Appeals held state law requires that blind vendors be given “priority in the establishment and operation of vending facilities on public property in this state.”  The holding affirms a trial court’s decision …
Article • July 29, 2016
Award of Nominal Damages Negates Attorney Fee Awards by The Eleventh Circuit Court of appeals held that, under the circumstances before it, the award of attorney fees is improper to a party awarded only a nominal damage award. This was the fifth time this case was before the court.  At …
$950,000 Settlement in DC Prisoner’s False Imprisonment Lawsuit by The District of Columbia paid $950,000 to settle the lawsuit of Joseph S. Heard for unlawful imprisonment. On November 15, 1998, Heard, a deaf man, was arrested for unlawful entry into a George Washington University building. The case was dismissed October …
Fictitious Name Proceeding Test Presents ‘Heavy Burden’ by A Michigan federal district court denied a motion to proceed under a fictitious name in a challenge to the residency restrictions in Michigan’s Sex Offender Registration Act. The Court noted that the Federal Rules of Civil Procedure each party must have his …
Alabama Prisoners Bribed to Dance Nude for Doughnuts by Three Alabama jail guards have been charged in a “dancing for doughnuts” practice. Pickens County Jail guards Demetrius Harris, Anthony Lavender, and Chance Draper were charged with felony ethics violations for coercing female prisoners to dance nude for donuts and cell …
Jail’s Private Medical Employees Not Entitled to Qualified Immunity by An Arizona federal district court concluded that employees of Corizon Health, a private company providing care to prisoners at the Mohave County Adult Detention Facility, “are not within the class of persons to whom qualified immunity is afforded.” The plaintiff …
Article • July 29, 2016
Nebraska Petitioner Seek Name Change Cannot Proceed In Forma Pauperis by The Nebraska Court of Appeals held a petitioner seeking a name change may not proceed in forma pauperis. Nebraska prisoner Douglas David Pattengall filed a petition for mane change, seeking to “cast off the last vestiges of Christianity and …
Double Costs and Attorney Fees Award Improper in Civil Rights Action by The Ninth Circuit Court of Appeals, in an issue of first impression, held the “double recovery of costs other attorney fees is just as impermissible as double recovery of attorney fees.”  The holding came in a case involving …
California Housing Classifications May Burden Religious Freedom, but Constitutional Liability Overcomes Burden by The Ninth Circuit Court of Appeals held a prisoner stated a claim under the Religious Land Use and Institutionalized Persons Act (RLUIPA) that his classification as racially eligible to house with non-“Aryan” prisoners interfered with his religious …
Article • July 29, 2016
New York Man Falsely Charged with Crimes Awarded $560,000 by A New York federal jury awarded $560,000 in compensatory and punitive damages against police officers in a civil rights action brought by a man who had previously been acquitted of drug and firearm charges.  The second Circuit Court of Appeals …
Settlement in condition Suit Challenging Birmingham Jail by A settlement agreement was reached in a class action lawsuit concerning the conditions of confinement in Alabama’s Birmingham jail.  The suit was filed in 2011 and was the subject of several PLN reports.  The April 15, 2014, settlement required 100 pre-trial detainees …
Article • July 29, 2016
Michigan Man Convicted on Faulty Bite Evidence Receives $1.5 Million by A $1.5 million settlement was reached in a lawsuit brought by a Michigan man who spent 13 years in prison for a rape charge based on faulty bite mark evidence. Two weeks before the case was set to proceed …
$5.5 Million Dollar Award for Estate of Unarmed Ohio Man Killed by Police by On Ohio federal jury awarded $5.5 million against an off-duty Cleveland police officer who shot and killed an unarmed man. The suit concerns the March 10, 2012, death of 20 year old Kenneth C. Smith.  He …
Brothers Win Further Proceedings in Police Excessive Force Claim by The Sixth Circuit Court of Appeals held on Ohio Federal District Court erred in finding a plaintiff voluntarily assented to a Release-dismissal Agreement that barred a lawsuit against defendants for excessive force.  The Court further held it was improper to …
Tennessee Public Records Attorney Fee Award Excludes Pro Se Work by The Tennessee Court of Appeals at Jackson held a litigant is entitled to the award of attorney fees and costs under the Tennessee Public Records Act (TPRA) if the defendant willfully refused to disclose the requested records.  The Court, …
Article • July 29, 2016
$600,000 Settlement in New Orleans Detainee’s Death by A $600,000 settlement was reached in the death of a pre-trial detainee at Orleans Parish Prison (OPP).  At least five other lawsuits are pending in the deaths of other detainees. Cayne Miceli is one of at least 44 people to die at …
Article • July 29, 2016
$100,000 Settlement in Federal Prisoner’s Death by A $100,000 settlement was reached in a lawsuit concerning the death of a federal prisoner.  The complaint alleged negligence and wrongful death. Prisoner Robert Bassil had a long history of serious heart disease upon reception at FCI Manchester in Kentucky.  That history showed …
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