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Article • September 15, 2024 • from PLN September, 2024
$60,000 Settlement for Kansas Prisoner’s Excessive Force Claim, $578,000 for His Attorneys by David Reutter by David M. Reutter On March 26, 2024, the U.S. Court of Appeals for the Tenth Circuit affirmed a district court’s award of more than $578,000 in attorneys’ fees and costs made as part of …
Article • September 15, 2024 • from PLN September, 2024
California Prisoner Wins Challenge to Overbroad CDCR Records Request Made Prior to Resentencing by Prisoners in custody of the California Department of Corrections and Rehabilitation (CDCR) who were serving a sentence with an enhancement for a prior prison term became entitled to resentencing when Pen. Code§ 1172.75 took effect in 2022, …
Article • September 15, 2024 • from PLN September, 2024
$3.4 Million Settlement for Nevada Prisoner After ‘Wait and See’ Medical Care Became ‘Deny and Delay’ by David Reutter by David M. Reutter On March 21, 2024, the Nevada Board of Examiners (BOE)—a three-­member panel composed of Gov. Joe Lombardo (R), Attorney General Aaron Ford (D) and Secretary of State …
Article • September 15, 2024 • from PLN September, 2024
Filed under: Settlements, Public Records
$2,000 Statutory Award Boosts Ohio Prisoner’s Total Over $9,000 for Denied Public Records by David Reutter by David M. Reutter A $2,000 award of statutory damages by the Supreme Court of Ohio on March 31, 2024, brought the total recovered by Trumball Correctional Institution (TCI) prisoner Kimani Ware for denied …
Article • September 15, 2024 • from PLN September, 2024
Regional Jail in Kentucky Settles DOJ Complaint, Agrees to Provide Treatment for Opioid Use Disorder by Douglas Ankney by Douglas Ankney On November 29, 2023, the Big Sandy Regional Detention Center in Eastern Kentucky settled a complaint brought by the U.S. Department of Justice (DOJ) with an agreement to provide …
Article • August 15, 2024 • from PLN August, 2024
$11 Million Settlement for Exonerated Michigan Prisoner by David Reutter by David M. Reutter On October 17, 2023, Michigan State Police (MSP) paid $11 million to settle claims by former state prisoner Ray McCann, Jr., 57, after a jury awarded him $14.5 million for his wrongful conviction on a perjury …
Article • August 15, 2024 • from PLN August, 2024
Psychiatrist Settles Virginia Jail Suicide Suit for $1.75 Million by The leading cause of death among people held in local jails is suicide. The family of Christopher Lapp, 62, learned that the hard way when he killed himself at Virginia’s Alexandria Adult Detention Center in 2021, while being held on …
Florida Court Strikes $10 Million of $16 Million Judgment Against Armor Correctional Health in Jail Death by David Reutter by David M. Reutter On August 30, 2023, a Florida court entered final judgment awarding $6 million to the estate of a detainee who died at Santa Rosa County Jail (SRCJ) …
Article • August 15, 2024 • from PLN August, 2024
Settlements Total $3.85 Million for Nevada Prisoners Hit with Birdshot by David Reutter by David M. Reutter After a Nevada Department of Corrections (DOC) prisoner was blinded by guards using birdshot rounds, the state Board of Examiners (BOE) approved a $2.25 million settlement on September 12, 2023. A separate agreement …
Indiana Supreme Court Says “Summary Judgment Is Not Summary Trial,” Remanding State Prisoner’s Malpractice Claim to a Jury by On January 24, 2024, the Indiana Supreme Court reversed a lower court’s ruling and remanded the medical malpractice complaint of state prisoner Edward Zaragoza against Wexford of Indiana LLC, the privately …
Article • August 15, 2024 • from PLN August, 2024
Arizona DOC Agrees to Pay $2,650,000 in Legal Fees and Costs in Long-Running PLN Censorship Suit by On May 3, 2024, Arizona’s Department of Corrections (DOC) settled a federal censorship lawsuit brought by PLN’s publisher,the Human Rights Defense Center (HRDC). Under the agreement, DOC paid $2,650,000 to cover HRDC’s attorneys’ …
New York Revises 2,772 Prisoner Disciplinary Records After Inspector General Finds Defects in Another Contraband Drug Test by Douglas Ankney by Douglas Ankney A November 2023 report by the New York Office of the Inspector General (OIG) detailed grave defects uncovered by an investigation into the Contraband Drug Testing Program …
Article • August 15, 2024 • from PLN August, 2024
$275,000 Settlement for Wisconsin Jail Detainee’s Death from Untreated Heart Infection by As the bankruptcy of private jail medical provider Armor Correctional Health Services, Inc. wound down on October 23, 2023, the firm sold off its one remaining asset, a contract to provide medical services to prisoners at Texas’ Nueces …
Article • August 15, 2024 • from PLN August, 2024
Fourth Circuit Chides Virginia Magistrate for Assuming Prisoners Proceed IFP by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held on November 15, 2023, that a lower court erred in assuming that a group of Virginia prisoners proceeded in forma pauperis (IFP) when they …
Article • August 15, 2024 • from PLN August, 2024
Arizona Agrees to $40,000 Settlement in Suit Over Mentally Ill Prisoner’s Suicide by Douglas Ankney by Douglas Ankney After a federal court found its provision of healthcare and mental health care to all state prisoners was “plainly, grossly inadequate,” Arizona settled a suit over one prisoner’s suicide on November 11, …
Article • August 15, 2024 • from PLN August, 2024
New Mexico Jail Sued Again After Paying $787,500 In-Custody Death Settlement by New Mexico’s Santa Fe County was hit with another suit in October 2023 over a detainee’s drug-­related death at the county jail, just over a year after agreeing to pay $787,500 to the father of a young woman …
$7.5 Million Settlement in Suit Over California Jail Death by Matthew Clarke by Matt Clarke On February 29, 2024, the federal court for the Central District of California approved a settlement under which Riverside County paid $7.5 million to the survivors of a county jail detainee who died in custody. …
Article • August 15, 2024 • from PLN August, 2024
Fourth Circuit Revives Claim Over North Carolina Jail Suicide by Douglas Ankney by Douglas Ankney In an important decision, the U.S. Court of Appeals for the Fourth Circuit ruled on December 8, 2023, that pretrial detainees no longer need show that a detention official “knew of and disregarded a substantial …
Washington Prisoner’s Sentence Vacated After Attorney Calls and Visits Were Recorded by Douglas Ankney by Douglas Ankney On January 23, 2024, the Washington Court of Appeals sent the case of a state prisoner back to the trial court that convicted him of second-­degree domestic violence rape and assault, finding the …
Brief • July 10, 2024
Lilgerose, et al. v. Polis, et al., CO, Motion for Class Cert., Prison Slave Labor, 2024 DISTRICT COURT, DENVER COUNTY, COLORADO Denver City and County Building 1437 Bannock Street, Denver, CO 80202 PLAINTIFFS: RICHARD LILGEROSE and HAROLD MORTIS, on their own behalf and on behalf of those similarly situated v. …
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