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Father of Four Dies in Privately-operated Texas Jail; Civil Suit Expected by On October 5, 2016, the Huffington Post released disturbing video from inside a private prison in Texarkana, Texas that showed Michael Sabbie, a 35-year-old father of four, being violently flung to the ground by a group of six …
Prisoner Deaths Continue To Rise by Christopher Zoukis For the third year in row, the number of prisoners who died in America's prisons and jails rose. Some 4,446 prisoners died in 2013, a two percent increase over 2012, continuing an upward trend, according to the U.S. Department of Justice's Office …
Article • November 8, 2016 • from PLN November, 2016
Local Jails Increasingly Refuse to Comply with ICE Detainers by Joe Watson Hundreds of municipalities across the country – including major cities such as Los Angeles and others with large populations of immigrants – are refusing to honor requests from federal officials to hold undocumented immigrants in jail for possible …
Tenth Circuit: No Summary Judgment on Official Capacity Claims by Mark Wilson The Tenth Circuit Court of Appeals reversed a district court’s denial of summary judgment on individual capacity claims against an Oklahoma sheriff related to a prisoner’s suicide. The appellate court held it lacked jurisdiction to consider official capacity …
Collecting Unpaid Booking Fees in Colorado may be Illegal, Experts Say by Joe Watson According to legal experts, unpaid jail booking fees that sheriff’s departments across Colorado have collected for years may violate state law if the fees are being taken from people who are repeatedly arrested, such as the …
Wisconsin Court Orders Dismissal of Jail Negligence Suit by Lonnie Burton On October 16, 2014, District IV of the Wisconsin Court of Appeals reversed a lower court and granted summary judgment in favor of defendants in a case brought by the estate of a prisoner who overdosed while at the …
Texas County has High Number of In-Custody Deaths by Between 2005 and October 2014, 91 prisoners from Lubbock County, Texas, died in custody. This included 61 who died while imprisoned in the Texas Department of Criminal Justice (TDCJ), 16 in Lubbock Police Department custody, 12 in the custody of the …
Wisconsin Jail Policies Unconstitutional But Not Enjoined by Mark Wilson A Wisconsin federal court held that a jail's disciplinary, mail, and publication rules were unconstitutional. The court declined to enjoin those practices, however, essentially rendering its holding a mere advisory opinion. On September 29, 1970 pretrial detainees of the Milwaukee …
Warrantless Jail Cell Manuscript Seizure Vacates Oregon Rape Convictions by Mark Wilson The Oregon Court of Appeals reversed an Oregon man's rape convictions, finding that prosecutors improperly seized a handwritten manuscript from his jail cell without a warrant. Kenneth Everett Moore was arrested on six counts of rape when his …
MN: Jail Strip Search of Drug Suspect Held Constitutional by Lonnie Burton Jonathan Jacobson was arrested in 2009 for driving while under the influence of alcohol. He admitted to the Stewartsville, Minnesota police officer that he recently "smoked a bowl" of marijuana. Jacobson was booked in to the county jail …
Mentally Ill Texas Jail Prisoner Celled in Fetid Squalor for Months by Matthew Clarke Almost a year after a surprise inspection of the Harris County Jail in Houston, Texas by the Texas Commission on Jail Standards (TCJS) resulted in the discovery of a mentally ill prisoner who had been locked …
Maricopa County Jail's Prisoner Health Care Still Unconstitutional by Matthew Clarke With assistance from American Civil Liberties Union's National Prison Project (NPP) attorneys, plaintiffs were able to fend off an attempt to terminate a 37-year-old class-action civil-rights lawsuit challenging the provision of medical and mental health services to pretrial detainees …
Article • October 27, 2016
Kentucky Court of Appeals Upholds Jail Confiscating Cash and Checks to Pay Fees by Matthew Clarke On November 13, 2015, a Kentucky court of appeals held that neither a jail nor a bank acted illegally when the confiscated the checks prisoners had on them when they were booked into the …
Jail Officials Compelled to Provide Medical Reports in Wrongful Death Lawsuit by Lonnie Burton The United States District Court for the Northern District of Georgia has ordered the defendant in a lawsuit stemming from the beating death of a prisoner to provide county morbidity and mortality reports to the plaintiff …
Article • October 27, 2016
Former Prison Guard Escapes from Texas State Jail by Charlie Davis, Jr.--a former Texas prison guard--escaped from the Wheeler State Jail in Plainview, Texas, on October 27, 2014. Davis, 36, worked as a guard at the Texas Department of Criminal Justice's Clements Unit in Amarillo, a maximum-security prison, from April …
Article • October 25, 2016
Eleventh Circuit Affirms Dismissal of Pretrial Detainee's Lawsuit for Unsanitary Conditions, Due Process Violations by Lonnie Burton On August 29, 2016, a three-judge panel of the Eleventh CircA.t U.S. Court of Appeals upheld an order of a federal district court in Alabama which dismissed the lawsuit of a pretrial detainee …
8th Circuit: "Favorable Termination" Rule Applies Even if Plaintiff No Longer Incarcerated by Lonnie Burton In Heck v. Humphrey, 512 U.S. 477 (1994), the Supreme Court ruled that a prisoner could not bring a suit for damages for an unconstitutional conviction or imprisonment, unless and until the underlying conviction has …
Florida Jail Policy Changes, but Housing Naked Suicidal Detainees Together Continues by The rape of a pretrial detainee and a subsequent lawsuit forced Florida’s Duval County Jail (DCJ) to change its policies in housing. Advocates, however, argue the new policy is still “incredibly ill-advised.” Mark Baker, 35, was arrested for …
Federal Court Finally Ends Oversight at Fulton County Jail by David Reutter Three years ago, the Southern Center for Human Rights (SCHR) moved to dismiss its federal contempt of court proceeding that cited staff shortages, broken locks and an overcrowding problem that resulted in prisoners sleeping on the floor at …
Federal Judge Clears Way for Civil Rights Suit in Oklahoma Jail Death by Medical Cell #1 became a “burial crypt” inside the David L. Moss Detention Center in Tulsa, Oklahoma when Elliot Williams, a mentally-ill 37-year-old veteran, lay paralyzed with a broken neck on the concrete floor, naked, cold and …
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