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Article • May 1, 2024 • from PLN May, 2024
West Virginia Supreme Court Orders Prison Officials to Develop Good-Time Credit Policy by David Reutter by David M. Reutter On October 16, 2023, the Supreme Court of Appeals of West Virginia reversed denial of mandamus relief to a prisoner and compelled the Commissioner of the state Division of Corrections and …
Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim by On October 6, 2023, the federal court for the District of New Mexico stood fast in its refusal to grant qualified immunity (QI) to a defendant warden with the state Corrections Department (NMCD) in a prisoner’s …
Ninth Circuit Affirms Class Action Consent Decree at California’s Alameda County Jail by David Reutter by David M. Reutter On October 6, 2023, the U.S. Court of Appeals for the Ninth Circuit affirmed a consent decree in a class-action lawsuit filed over solitary confinement of mentally ill detainees at the …
Lawsuit By California Youth Alliance Prompts County Probation Chiefs to Dissolve Secretive Nonprofit by Jo Ellen Nott by Jo Ellen Nott On June 23, 2023, a group consisting of 55 of the 58 California county probation chiefs quietly disbanded the nonprofit they formed out of the public’s eye to provide …
Article • April 26, 2024
Filed under: Advocacy, Default Judgments
Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment by Mark Wilson by Mark Wilson On July 28, 2022, an Indiana prisoner was granted a $1,097.00 default judgment against the nonprofit prison abolition group, Critical Resistance, in a state small claims action. Defendant is a longtime prison abolition advocacy …
Article • April 26, 2024
Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant by Benjamin Tschirhart by Benjamin Tschirhart  The Supreme Court of the U.S. (SCOTUS) recognized a limited cause of action for money damages against agents of the federal government in Bivens v. Six Unknown Named Agents of …
Article • April 26, 2024
Florida Supreme Court Bans ‘Vexatious’ Prisoner From Filing Further Pro Se Petitions by David Reutter by David M. Reutter On April 13, 2023, the Supreme Court of Florida directed its Clerk to “reject any future pleadings or other requests for relief” submitted by state prisoner Daryl A. Sanders, “unless such …
Brief • April 2, 2024
KQED, Inc v. CDCR, CA, Ruling on Petition for Writ of Mandate-Motion for Production Schedule Order, Public Records, 2024
Grand Jury Slams Sacramento County for Delaying Jail Improvements Mandated in Consent Decree by Douglas Ankney by Douglas Ankney Delays in improvements mandated in a 2020 consent decree resulted in at least six preventable detainee deaths at Sacramento County jails, according to a grand jury investigative report on June 2, …
Article • April 1, 2024 • from PLN April, 2024
$9,000 Settlement in Wisconsin Prisoner’s Heat-­Related Illness Suit by Matthew Clarke by Matt Clarke On October 3, 2023, the Wisconsin Department of Justice sent a check for $9,000 to a state prisoner in settlement of his claims that he suffered a heat-­related illness, fell and injured himself after state Department …
Sixth Circuit Refuses Michigan Prisoner’s Excessive Force Claim Despite Guard’s Conviction for Battery by David Reutter by David M. Reutter On August 16, 2023, the U.S. Court of Appeals for the Sixth Circuit affirmed dismissal of a Michigan prisoner’s lawsuit with an outrageous-­sounding opinion that a guard “may have violated …
At BOP California “Rape Club” Prison: Historic Ruling, FBI Raid, Warden Removed by On March 11, 2024, FBI agents raided the Federal Correctional Institution (FCI) in Dublin, California, the troubled federal Bureau of Prisons (BOP) lockup plagued by staff sexual assaults on prisoners—so many that it has become known as …
Illinois Failing to Grant Dying Prisoners Medical Releases by of dying and medically enfeebled state prisoners were expected to be released when Illinois lawmakers passed the Joe Coleman Medical Release (JCMR) Act. But an investigative report released on August 30, 2023, found that two-thirds of prisoner requests had been denied …
Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury by Matthew Clarke Matt Clarke On August 25, 2023, the U.S. Court of Appeals for the Seventh Circuit reinstated a Wisconsin prisoner’s claim that officials with the state Department of Corrections (DOC) violated Title II of the Americans with …
Ninth Circuit Shuts Down Settlement Agreement in Long-Running California Prisoners’ Gang Affiliation Suit by David Reutter by David M. Reutter On August 24, 2023, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s orders granting California prisoners a pair of 12-month extensions to a Settlement Agreement …
Muslim Florida Prisoner Awarded Permanent Injunction to Grow Untrimmed Beard by David Reutter by David M. Reutter On August 14, 2023, the U.S. District Court for the Middle District of Florida awarded a permanent injunction to state prisoner Owen D. Denson, a Muslim known as Abdul Hakeen Jahmal Naseer Shabazz, …
Seventh Circuit Says Lack of Expert Testimony Dooms Illinois Prisoner’s Medical Neglect Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit offered an Illinois state prisoner a hard lesson on July 27, 2023, affirming dismissal of his medical neglect claim against prison contractor …
Eighth Circuit Affirms $800,000 Award After Arkansas Jail Detainee’s Fatal Appendix Rupture by Matthew Clarke by Matthew Clarke On August 24, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed an $800,000 jury award against a contract doctor at an Arkansas jail, in a suit brought on behalf …
Wellpath Held in Contempt in Suit at California Jail by On September 26, 2023, the federal court for the Northern District of California found “clear and convincing evidence” that private for-profit prison and jail healthcare provider Wellpath, Inc., had violated the terms of a settlement agreement in a long-running case …
Article • March 1, 2024 • from PLN March, 2024
Filed under: Medication, Pain, Injunctions
New York Prisoners with Chronic Pain Win Injunction to Receive Denied Medication by Matthew Clarke by Matt Clarke On November 22, 2023, the federal court for Southern District of New York granted a permanent injunction to a class of prisoners held by the state Department of Corrections and Community Supervision …
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