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Warden’s Decision to Quarantine Handicapped Person in Unaccommodated Cell Actionable; $200,000 Settlement by The Sixth Circuit Court of Appeals held that a warden who placed a double amputee prisoner with MRSA in a segregation unit without handicap accommodations was not entitled to qualified immunity. When Martinique Stoudemire, 23 at the …
Article • May 5, 2016 • from PLN May, 2016
Tennessee Sheriff’s Denial of Public Records Merits Attorney Fee Award by A Tennessee appellate court held the sheriff of Marshall County had willfully denied access to public records requested by PLN. Consequently, the plaintiff was entitled to attorney fees after filing a lawsuit to compel production of the records. In …
Article • May 5, 2016 • from PLN May, 2016
Why is California Thumbing its Nose at a Federal Court? by Caleb Mason The Ex Post Facto Clause of the Constitution provides that the government can’t retroactively increase the penalty for criminal conduct. It applies not just to initial sentence length but also to potential “good-time credit” prisoners can earn …
Article • May 5, 2016 • from PLN May, 2016
New York: $35,000 Awarded for Three-week Illegal Confinement by Mark Wilson The Supreme Court of New York, Appellate Division has upheld a $35,000 damage award in favor of a former prisoner illegally confined for three weeks. In October 2007, Robert Miller was charged with second- and third-degree drug offenses. He …
Article • May 5, 2016 • from PLN May, 2016
Fourth Circuit Finds 20 Years in Solitary an Atypical and Significant Hardship by David Reutter On July 1, 2015, the Fourth Circuit Court of Appeals found the “20-year period of solitary confinement” endured by a South Carolina prisoner “amounts to an atypical and significant hardship in relation to the general …
California’s Inspector General Cites Abuses at High Desert State Prison by Derek Gilna A special report by Robert A. Barton, Inspector General of the State of California, released in December 2015, highlighted numerous problems at the High Desert State Prison in Susanville. The California Senate Committee on Rules had requested …
Article • May 5, 2016 • from PLN May, 2016
Filed under: Burning, Damages
$1,000 Jury Award in Texas Prisoner’s Excessive Use of Force Suit by Matthew Clarke On August 18, 2014, a Texas federal jury awarded a state prisoner $1,000 on his claim of excessive use of force by a prison guard. Enforcement of that judgment, however, would prove difficult. Florencio Hernandez was …
Article • May 5, 2016 • from PLN May, 2016
Ninth Circuit: Witnesses Cannot Refuse to Testify at Civil Trial by On March 31, 2015, the Ninth Circuit Court of Appeals held that a magistrate judge abused her discretion by allowing prisoners to opt out of testifying at a civil rights trial alleging guards had used excessive force on another …
Supreme Court Reverses SORNA Notification Requirement when Sex Offenders Move Overseas by Derek Gilna The federal Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. § 16901, et seq., requires registered sex offenders to advise law enforcement officials within three business days of their change of address or intent to …
Lawsuit Filed Over Death of Pepper-sprayed, Mentally Ill California Prisoner by Gary Hunter The father and mother of a mentally ill California prisoner who died at the Mule Creek State Prison (MCSP) have filed suit against a host of prison and Amador County, California officials, alleging that their son’s death …
From the Editor by Paul Wright Welcome to the 26th anniversary issue of Prison Legal News! I would like to thank all the people around the country who have helped PLN and the Human Rights Defense Center grow and prosper over the past 26 years. This includes all of our …
Article • May 5, 2016 • from PLN May, 2016
Filed under: News in Brief
News in Brief by Australia: An anal-retentive prisoner in the supermax unit at the Goulburn Jail claimed for 12 days that a metal object detected inside his body was a fragment of a surgical instrument, but his claims were proven false when his bowels finally moved on February 24, 2016 …
CB v. Walnut Grove Correction Authority, MS, Monitor Report Pursuant to Class Action Consent Decree, 2016 Case 3:10-cv-00663-CWR-FKB Document 188 Filed 05/05/16 Page 1 of 29 Case 3:10-cv-00663-CWR-FKB Document 188 Filed 05/05/16 Page 2 of 29 Case 3:10-cv-00663-CWR-FKB Document 188 Filed 05/05/16 Page 3 of 29 Case 3:10-cv-00663-CWR-FKB Document 188 …
Camplin v. Wexford, IL, Complaint, ADA Compliance, 2016 Case 3:14-cv-00767-SCW Document 84 Filed 05/05/16 Page 1 of 14 Page ID #307 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS WILLIAM CAMPLIN, ) ) Plaintiff, ) ) vs. ) ) WEXFORD HEALTH SOURCES, INC., ) CHRISTINE BROWN, DENNIS ELS, …
Rice v. Montgomery County, KY, Order, Wrongful Death Seizure, 2016 Rice v. Montgomery County, Kentucky et al Doc. 103 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION AT LEXINGTON DIANA RICE, Administratrix of the Estate of Ronald Calvin Gaunce and Next Friend of S.C.G. CIVIL ACTION NO. 5:14-181-KKC …
Brief • May 5, 2016
Gaddy v. Corizon Health, et al., FL, complaint, wrongful termination, 2016
Patient A v. Vermont Agency of Human Services, VT, Amended Complaint, CCS Medical Malpractice, 2016 Case 5:14-cv-00206-gwc Document 150 Filed 05/04/16 Page 1 of 24 U.S. DISTRICT OURT DISTRICT OF VE MONT . FILED ' U.S. DISTRICT COURT FOR THE DISTRICT OF VERMONT 2016 MAY -4 A 8: 33 C~ERK …
In-the-News Article • May 4, 2016
PLN cited in article on death of immigrant detainee at CCA facility May 4, 2016 Articles that mention PLN San Diego Union-Tribune Russian detainee dies in immigration custody   By Greg Moran | 4:19 p.m. May 3, 2016   A Russian man who was being detained in an immigration jail on Otay Mesa died …
Brief • May 4, 2016
Gonzalez v. Summers, AZ, Complaint, Failure to Protect, 2016 Case 1 2 3 4 Document 22 Filed 05/04/16 Page 1 of 10 Paul Gattone State Bar Number 012482 LAW OFFICE OF PAUL GATTONE 312 S. Convent Tucson, Arizona 85701 (520) 623-1922 Attorney for Plaintiff 5 IN THE UNITED STATES DISTRICT …
Strong v. Tessmann, IL, Complaint, Wrongful Conviction & Imprisonment, 2016 ' I . Case: 1:16-cv.-048b"' Document#: 1 Filed: 05/03/16 Page 1 of 37 PagelD #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JASON STRONG, ) ) ) ) Plaintiff, V. ) LUCIAN TESSMANN, …
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