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Brief • January 12, 2015
Moffitt v. Minor, CO, Complaint, Alcohol Withdrawal Death, 2015 Case 1:15-cv-00071-WYD-MEH Document 1 Filed 01/12/15 USDC Colorado Page 1 of 24 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. ___________ ESTATE OF ZACKARY MOFFITT, by and through its personal representative KELLY KRAMER; M.M., a …
Article • January 11, 2015
Filed under: Skeletal Injury
NY Prisoner Awarded $3,000 for Delay in Treating Broken Thumb by NY Prisoner Awarded $3,000 for Delay in Treating Broken Thumb A New York state prisoner was awarded $3,000 in damages after a trial in which the court found the state liable for medical negligence. Michael Brady was confined at …
Article • January 11, 2015
California Man Awarded $18 Million for False Arrest, Malicious Prosecution by California Man Awarded $18 Million for False Arrest, Malicious Prosecution In 2002 Raul Ramirez was arrested and charged with kidnapping and assault after a 16-year-old female student was abducted at gunpoint. The girl escaped when the perpetrator demanded that …
Article • January 11, 2015
Filed under: Trust Accounts, Commissary
CA Prison Canteen Price-Gouging Case Dismissed by CA Prison Canteen Price-Gouging Case Dismissed The U.S. District Court for the Northern District of California has dismissed a class action lawsuit brought by state prisoners alleging that prison officials unfairly raised canteen prices to make up for money lost in an earlier …
When Halfway Houses Pose Full-Time Problems by Derek Gilna When Halfway Houses Pose Full-Time Problems by Derek Gilna A recent interest among government officials in reducing prison populations as a way to cut costs, stemming from the 2008 Great Recession that resulted in significant budget deficits, has placed renewed emphasis …
Prison Legal News Prevails in Tennessee Public Records Suit in Spite of Sheriff’s Antics by As part of its news reporting, Prison Legal News routinely submits public records requests and Freedom of Information Act requests to government agencies. Most of the time they comply with the law and produce the …
Article • January 10, 2015 • from PLN January, 2015
“Ban the Box” Campaigns Seek to End Discrimination Against Formerly Incarcerated College Applicants by Victoria Law “Ban the Box” Campaigns Seek to End Discrimination Against Formerly Incarcerated College Applicants by Victoria Law "Selene” had been out of prison for one month when she applied to Dutchess Community College and Ulster …
Article • January 10, 2015 • from PLN January, 2015
Pennsylvania’s Megan’s Law Struck Down, Some Prisoners Released by David Reutter Pennsylvania’s Megan’s Law Struck Down, Some Prisoners Released by David M. Reutter In December 2013, the Pennsylvania Supreme Court struck down the state’s version of Megan’s Law, holding the legislature had violated the “single subject” rule of the Pennsylvania …
Article • January 10, 2015 • from PLN January, 2015
Colorado Prisoner Sues Security Guard Who Sexually Abused Her Moments after Giving Birth by Colorado Prisoner Sues Security Guard Who Sexually Abused Her Moments after Giving Birth Colorado prisoner sexually assaulted by a private security guard at a hospital only minutes after she gave birth has filed suit against her …
Article • January 10, 2015 • from PLN January, 2015
Filed under: News in Brief
News in Brief by News in Brief Alabama: On April 4, 2014, WBRC News reported that six people had been arrested and five others were wanted in connection with a scheme to smuggle drugs hidden in Bibles into the Shelby County Jail. Small index tabs were attached to the Bibles …
Article • January 10, 2015 • from PLN January, 2015
Filed under: Parole
Florida Supreme Court: Review of Parole Commission Revocation Order Limited by David Reutter Florida Supreme Court: Review of Parole Commission Revocation Order Limited by David M. Reutter On January 23, 2014, the Florida Supreme Court quashed an appellate court’s order because it exceeded the scope of second-tier review of a …
Article • January 10, 2015 • from PLN January, 2015
Malpractice Suit Proceeds against Michigan Defense Attorney in Wrongful Conviction Case by David Reutter Malpractice Suit Proceeds against Michigan Defense Attorney in Wrongful Conviction Case by David Reutter A former prisoner whose sexual assault conviction was reversed after he served seven years in prison can sue his attorney for malpractice …
Article • January 10, 2015 • from PLN January, 2015
The Globalization of Supermax Prisons, edited by Jeffrey Ian Ross (Rutgers University Press, 2013). 240 pages, $28.95 paperback by Gary Hunter The Globalization of Supermax Prisons, edited by Jeffrey Ian Ross (Rutgers University Press, 2013). 240 pages, $28.95 paperback Book review by Gary Hunter "Zero tolerance” is a phrase that …
Jail Closes “God Pod,” Agrees to Accommodate Muslim Prisoners by Jail Closes “God Pod,” Agrees to Accommodate Muslim Prisoners The Pierce County Jail (PCJ) in Washington State agreed to adopt new policies to protect the religious rights of Muslim prisoners as part of a settlement agreement in litigation brought by …
Article • January 10, 2015 • from PLN January, 2015
Filed under: Parole
California Parole Term Not Shortened by Improper Parole Denial by Mark Wilson California Parole Term Not Shortened by Improper Parole Denial by Mark Wilson On February 3, 2014, the California Supreme Court held that a prisoner erroneously denied parole was not entitled to have his parole term reduced by the …
Article • January 10, 2015 • from PLN January, 2015
Introduction of Nolo Plea to Challenge Prisoner’s Credibility was Error by David Reutter Introduction of Nolo Plea to Challenge Prisoner’s Credibility was Error by David M. Reutter The Third Circuit Court of Appeals held in January 2014 that a Pennsylvania federal district court erred when it allowed into evidence a …
Article • January 10, 2015 • from PLN January, 2015
Ohio DOC Director Wants Return to Stricter Law after 2012 Spike in Positive Drug Tests by Ohio DOC Director Wants Return to Stricter Law after 2012 Spike in Positive Drug Tests Drug testing in Ohio prisons in October 2012 revealed the highest level of prisoner drug use in more than …
Article • January 10, 2015 • from PLN January, 2015
Florida Court of Appeals: Prison Guards Can Raise “Stand Your Ground” Defense by Matthew Clarke Florida Court of Appeals: Prison Guards Can Raise “Stand Your Ground” Defense by Matt Clarke On March 28, 2014, a Florida Court of Appeals held that a former Department of Corrections guard charged with aggravated …
Article • January 10, 2015 • from PLN January, 2015
Filed under: Eighth Amendment, Lighting
Fifth Circuit: Sleep Deprivation May Violate Eighth Amendment by Matthew Clarke Fifth Circuit: Sleep Deprivation May Violate Eighth Amendment by Matt Clarke In an unpublished ruling, the Fifth Circuit held on April 1, 2014 that a Texas prisoner’s sleep deprivation-based challenge to the security schedule used by the Texas Department …
Article • January 10, 2015 • from PLN January, 2015
West Virginia Public Defender Disbarred for Child Prostitution “Hoax” by West Virginia Public Defender Disbarred for Child Prostitution “Hoax” A former West Virginia public defender has agreed to give up his license to practice law in the wake of a scandal involving allegations that he offered to sell children for …
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