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Article • May 5, 2016 • from PLN May, 2016
Corrections Agencies Use Obamacare to Pay for Prisoners’ Medical Care by Christopher Zoukis by Christopher Zoukis and Matt Clarke The Affordable Care Act (ACA), President Obama’s signature piece of legislation, has resulted in an unintended windfall: a means to shift the cost of expensive hospital care for state and local …
L.A. County Audit Recommends More Contract Oversight for Probation Department by Derek Gilna The County of Los Angeles, like most governmental agencies, receives funding from a variety of sources and relies on outside contractors to perform many services – including correctional services. L.A. County’s Probation Department was the subject of …
Article • May 5, 2016 • from PLN May, 2016
Delaware Supreme Court Suspends Prosecutor for Misconduct by Christopher Zoukis On July 27, 2015, the Delaware Supreme Court suspended Deputy Attorney General R. David Favata for six months and a day, for prosecutorial misconduct involving the capital case of McCoy v. State, 112 A.3d 239 (Del. 2015). The case was …
Article • May 5, 2016 • from PLN May, 2016
Filed under: Malpractice, Damages
$15 Million Award for Prisoner Rendered Paraplegic Due to Medical Malpractice Affirmed by David Reutter The New York Supreme Court Appellate Division has affirmed a $15 million judgment awarded to a prisoner who became a paraplegic due to a prison doctor’s malpractice. Following the judgment by the Court of Claims, …
Florida’s Private Prison Movement Alive and Well by David Reutter With the promise of saving taxpayer dollars to house a growing prisoner population during a cyclical crime wave in the early 1990s, Florida decided to experiment with private prisons. From the start, those involved in the push to privatize were …
Article • May 5, 2016 • from PLN May, 2016
Filed under: Corrections Audits
Audits Expose Irregularities in Iowa Prison System Spending by Derek Gilna Over the five-year period ending June 30, 2014, officials in the 6th Judicial District of the Iowa Department of Correctional Services misspent $1.2 million, mostly for improper payroll costs to workers at the Community Corrections Improvement Association, a non-profit …
Article • May 5, 2016 • from PLN May, 2016
Seventh Circuit Reverses Dismissal of Ex-prisoner’s § 1983 Action Regarding Computer Disk by Derek Gilna Craig A. Childress was an Illinois state prisoner at the Big Muddy River Correctional Center who was released from custody to mandatory supervised release in 2010. At the time of his release, a prison official …
Lawsuit Claims Florida Teen Raped, Beaten in Prison Initiation Ritual by Florida’s correctional facilities for youthful offenders are part of the state’s adult prison system, and Florida incarcerates more minors than any other state in the nation. Approximately 140 juveniles are housed in detention centers on any given day, and …
Fourth Circuit Upholds Denial of Summary Judgment to Guards in Excessive Force Suit by In a May 19, 2015 decision, the Fourth Circuit Court of Appeals upheld a district court’s denial of summary judgment to prison guards in a lawsuit claiming excessive use of force during a cell extraction. Sammy …
BOP Pays $70,000 to Settle Lawsuit by Sexually Abused Transgender Prisoner by Derek Gilna Samantha Hill, a male-to-female transgender prisoner in the custody of the federal Bureau of Prisons (BOP), was raped at USP Florence in December 2013 – one of many sexual assaults the BOP failed to prevent through …
$30,000 Settlement for New York Prisoner Assaulted by Guard by A New York state prisoner received almost $30,000 to settle a civil rights action alleging he was assaulted by a guard at the Fishkill Correctional Facility. Prisoner Mayer Sadian, an orthodox Jew, approached a guard on May 14, 2011 in …
Article • May 5, 2016 • from PLN May, 2016
Filed under: Release and Reentry
California Supreme Court Rules in Prisoner’s Favor in Compassionate Release Denial by Gary Hunter California’s Supreme Court has held that prisoners who are denied early release under the state’s compassionate release statute have a right to appeal the denial, reversing an appellate court decision that found prisoners had no such …
Article • May 5, 2016 • from PLN May, 2016
Nonviolent Michigan Offenders Can Seek Expungement Under New Law by David Reutter A recently-enacted Michigan law allows an offender convicted of a nonviolent felony or two misdemeanors to ask a judge to expunge their criminal record. The expungement bill had been in the works for several years before it was …
Article • May 5, 2016 • from PLN May, 2016
Prisoner Rights Advocates Disappointed with Pace of Obama Clemency Initiative by Derek Gilna President Barack Obama made news in December 2015 when he commuted the sentences of 95 federal prisoners. However, with only one year left in his second term, it is unlikely that he will act on thousands of …
Former U.S. Attorney General’s Legacy: Too Little, Too Late by Derek Gilna The U.S. Sentencing Commission’s unanimous vote in April 2014 to reduce sentencing guidelines two levels for certain defendants convicted of nonviolent drug crimes was a major step in cutting the federal prison terms of both the newly-convicted and …
Article • May 5, 2016 • from PLN May, 2016
Medically Unacceptable Biopsy States Eighth Amendment Claim by In an unpublished ruling, the Ninth Circuit Court of Appeals held the estate of California prisoner Robert Staggs stated a claim that prison doctors were deliberately indifferent to his serious medical needs. The matter was before the Ninth Circuit after the district …
Article • May 5, 2016 • from PLN May, 2016
Prisoners in Chicago Learn Skills, Improve Neighborhoods by Demolishing Vacant Homes by Gary Hunter Cook County, Illinois has become the first county in the nation to employ a new, double-edged strategy to attack neighborhood blight and train jail prisoners for productive employment following their release, by using prisoner labor to …
Article • May 5, 2016 • from PLN May, 2016
Report Documents U.S. Recidivism Rates for Federal Prisoners by Christopher Zoukis The U.S. Sentencing Commission (USSC), an independent agency within the judicial branch which writes federal sentencing guidelines and studies federal crime and sentencing policies, released a major new study in March 2016 titled “Recidivism Among Federal Offenders: A Comprehensive Overview.” …
California Jail’s Psychotropic Medication Policy Leads to Lawsuit, Settlement by David Reutter Cost cutting is a staple of most prison and jail systems. However, a mid-2007 decision by California’s Fresno County Jail (FCJ) to restrict psychotropic drugs for prisoners turned out to be a short-sighted exercise that resulted in human …
Idaho Prison Population Drops, Out-of-State Prisoners Re-turned by Christopher Zoukis In a positive sign of declining prison populations, on February 10, 2016, Idaho Department of Correction Director Kevin H. Kempf announced that all 173 state prisoners remaining at the Kit Carson Correctional Center, a Colorado facility operated by Corrections Corporation …
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