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Article • March 5, 2015 • from PLN March, 2015
Eighth Circuit Reverses Denial of Qualified Immunity; Prisoner Proved Neglect, Not Deliberate Indifference by Mark Wilson Eighth Circuit Reverses Denial of Qualified Immunity; Prisoner Proved Neglect, Not Deliberate Indifference by Mark Wilson On March 25, 2014, the Eighth Circuit Court of Appeals reversed a district court’s denial of qualified immunity …
$66,000 Jury Award in New Mexico CCA Sexual Abuse, Retaliation Case by Matthew Clarke $66,000 Jury Award in New Mexico CCA Sexual Abuse, Retaliation Case by Matt Clarke On November 15, 2012, a New Mexico federal jury awarded $66,000 to a woman formerly incarcerated at a prison operated by Corrections …
Article • March 5, 2015 • from PLN March, 2015
Texas Court Reexamines Test for Misconduct by Forensic Scientist by Mark Wilson Texas Court Reexamines Test for Misconduct by Forensic Scientist by Mark Wilson On January 15, 2014, the Texas Court of Criminal Appeals modified its earlier decisions in which it had presumed that evidence handled by a forensic scientist …
Summary Judgment Denied in California Jail Excessive Force Death; $8.3 Million Settlement Plus Injunctive Relief by Mark Wilson Summary Judgment Denied in California Jail Excessive Force Death; $8.3 Million Settlement Plus Injunctive Relief by Mark Wilson In April 2014, a California federal district court denied summary judgment to jail guards …
Article • March 5, 2015 • from PLN March, 2015
$1.3 Million Settlement in Prisoner’s Death at Michigan Jail; Claims Against Other Defendants Dismissed by $1.3 Million Settlement in Prisoner’s Death at Michigan Jail; Claims Against Other Defendants Dismissed When Michigan’s Saginaw County agreed to pay $1.3 million to settle a civil rights lawsuit stemming from a prisoner’s medical-related death, …
Article • March 5, 2015 • from PLN March, 2015
Exonerated Texas Prisoner’s Ex-Wife Not Entitled to Compensation by Matthew Clarke Exonerated Texas Prisoner’s Ex-Wife Not Entitled to Compensation by Matt Clarke In a May 12, 2014 opinion, a Texas Court of Appeals held that the former wife of a prisoner who spent over 24 years in prison was not …
Article • March 5, 2015 • from PLN March, 2015
Cell phones are “Dangerous Contraband” for New York Felony Contraband Possession by Mark Wilson Cell phones are “Dangerous Contraband” for New York Felony Contraband Possession by Mark Wilson On May 8, 2014, a New York Supreme Court Appellate Division held that cell phones constitute “dangerous contraband” under the state’s felony …
Article • March 5, 2015 • from PLN March, 2015
Ninth Circuit: 27-Month Segregation Implicates Due Process Liberty Interest by Mark Wilson Ninth Circuit: 27-Month Segregation Implicates Due Process Liberty Interest by Mark Wilson On May 4, 2014, in a corrected decision, the Ninth Circuit Court of Appeals held that lengthy segregation without periodic, meaningful reviews may give rise to …
Ninth Circuit: No Summary Judgment on Male Guard Supervision of Female Prisoners Ban by Mark Wilson Ninth Circuit: No Summary Judgment on Male Guard Supervision of Female Prisoners Ban by Mark Wilson The Ninth Circuit Court of Appeals held on July 2, 2014 that a claim that a jail policy …
Article • March 5, 2015 • from PLN March, 2015
California: Authorized Possession of Legal Materials Cannot Serve as Basis for Gang Validation by California: Authorized Possession of Legal Materials Cannot Serve as Basis for Gang Validation The California Court of Appeal has held that documents in the possession of a prisoner who is providing legal assistance to another prisoner …
Article • March 5, 2015 • from PLN March, 2015
Claim Alleging Guard Slammed Prisoner’s Head into Wall Defeats Summary Judgment by David Reutter Claim Alleging Guard Slammed Prisoner’s Head into Wall Defeats Summary Judgment by David Reutter The Sixth Circuit Court of Appeals reversed a grant of summary judgment in a prisoner’s civil rights action, holding that a reasonable …
Article • March 5, 2015 • from PLN March, 2015
Kentucky Death Row Prisoners Win Appeal on Religious Accommodations by Derek Gilna Kentucky Death Row Prisoners Win Appeal on Religious Accommodations by Derek Gilna On August 15, 2014, the Sixth Circuit Court of Appeals ruled in favor of five death row prisoners in Kentucky who sued the director of the …
Article • March 5, 2015 • from PLN March, 2015
Disciplinary Self-Help Litigation Manual, 2d Ed., by Dan Manville by John Dannenberg Disciplinary Self-Help Litigation Manual, 2d Ed., by Dan Manville (PLN Publishing, Dec. 2014). 368 pages, $49.95 paperback Book review by John E. Dannenberg Renowned attorney Dan Manville, co-author of the Prisoners’ Self-Help Litigation Manual, has produced another must-have …
Article • March 5, 2015 • from PLN March, 2015
Sovereign Immunity Doesn’t Bar Attorney Fee Award Against Georgia DOC by David Reutter Sovereign Immunity Doesn’t Bar Attorney Fee Award Against Georgia DOC by David Reutter The Georgia Supreme Court held on June 16, 2014 that sovereign immunity does not bar an award of attorney fees and litigation costs against …
Article • March 5, 2015 • from PLN March, 2015
Screening Out Family Time: The For-Profit Video Visitation Industry in Prisons and Jails by Bernadette Rabuy Screening Out Family Time: The For-Profit Video Visitation Industry in Prisons and Jails by Bernadette Rabuy and Peter Wagner Every Thursday, Lisa* logs on to her computer and spends $10 to chat for half …
Article • March 5, 2015 • from PLN March, 2015
Filed under: Advocacy, Death Penalty
Former Virginia Executioner Now an Anti-Death Penalty Activist by Former Virginia Executioner Now an Anti-Death Penalty Activist Once Virginia’s chief executioner, Jerry Givens put 62 people to death over a 17-year period from 1982 to 1999. Then he had an epiphany that pushed him to use his experience to advocate …
Article • March 5, 2015 • from PLN March, 2015
Filed under: Judicial Misconduct
Former Michigan Supreme Court Justice Freed from Prison by Former Michigan Supreme Court Justice Freed from Prison A former Michigan State Supreme Court Justice is once again a free woman following her release from federal prison after serving time for bank fraud. Diane Hathaway, 60, was released from a minimum-security …
Article • March 5, 2015 • from PLN March, 2015
Oregon Probation Extended for Inability to Pay Financial Obligations by Mark Wilson Oregon Probation Extended for Inability to Pay Financial Obligations by Mark Wilson In a July 9, 2014 ruling, the Oregon Court of Appeals upheld a trial court’s extension of probation for failure to pay financial obligations due to …
Article • March 5, 2015 • from PLN March, 2015
Illinois Prisoner Receives $12 Million Jury Award in Medical Neglect Suit by Matthew Clarke Illinois Prisoner Receives $12 Million Jury Award in Medical Neglect Suit by Matt Clarke n January 18, 2013, an Illinois federal jury awarded a state prisoner $12 million against an Illinois Department of Corrections (DOC) certified …
Article • March 5, 2015 • from PLN March, 2015
Filed under: Religious Diet
Kosher Meals Lawsuit Against Nevada DOC Dismissed by Matthew Clarke Kosher Meals Lawsuit Against Nevada DOC Dismissed by Matt Clarke On August 12, 2012, a Nevada federal district court approved a notice of proposed settlement in a class-action civil rights suit brought by a Jewish prisoner over the announced intent …
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