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Article • March 31, 2016 • from PLN April, 2016
Lawsuits Challenge Release Debit Cards; Courts Rule Against Arbitration by Derek Gilna Robert Regan, 67, was carrying $764 when he was arrested on a warrant in Rockdale County, Georgia. Upon his release from jail, instead of receiving cash or a check for the money seized during his arrest, he had …
Article • March 31, 2016 • from PLN April, 2016
Prison’s Censorship of Newsweek Upheld by The Eighth Circuit Court of Appeals affirmed a grant of summary judgment to prison officials in a First Amendment challenge to the censorship of a magazine because it contained an article that reported violence and disorder in Mexico involving drug cartels. Missouri prisoner Joseph …
Article • March 31, 2016 • from PLN April, 2016
Sixth Circuit Allows Revival of Untimely Habeas Appeal Using Rule 60(b) by Matthew Clarke The Sixth Circuit allowed a prisoner to revive the appeal of her federal habeas corpus action in the interests of justice after she won a civil rights lawsuit against prison guards who prevented her from filing …
Article • March 31, 2016 • from PLN April, 2016
$550,000 Jury Award for Failure to Treat Prisoner’s Broken Jaw by The First Circuit Court of Appeals found that a Massachusetts federal district court improperly weighed the evidence when granting summary judgment to the defendants in a prisoner’s civil rights suit alleging nurses at the Bristol House of Correction failed …
Article • March 31, 2016 • from PLN April, 2016
Filed under: Voting
Kentucky Restores Voting Rights for Former Prisoners, then Reverses Course by On November 24, 2015, two weeks before the end of his term, Kentucky Governor Steve Beshear signed an executive order that restored the right to vote to certain convicted felons. Less than a month later, on December 22, incoming …
Defense Verdict in Kentucky Prisoner’s Death; Appellate Court Reverses by David Reutter A Kentucky state jury found for the defendants in a lawsuit alleging a jail guard and nurse failed to monitor and treat a pretrial detainee’s serious medical condition, resulting in her death. Recently, however, the Court of Appeals …
Article • March 31, 2016 • from PLN April, 2016
Seventh Circuit Reverses Dismissal of Terre Haute Prisoner’s FTCA Suit by Derek Gilna Federal prisoner Charles D. Keller filed a lawsuit under the Federal Tort Claims Act (FTCA) against prison officials at the U.S. Penitentiary in Terre Haute, Indiana, seeking damages after he was assaulted by another prisoner. Despite his …
Article • March 31, 2016 • from PLN April, 2016
$2.5 Million Award for Wrongfully Convicted Former Michigan Prisoner by An exonerated Michigan man will receive $2.5 million for his almost 26 years of wrongful incarceration. He was released from prison after it was discovered that Detroit police had tainted the victim’s identification and withheld exculpatory evidence. Walter Swift was …
Article • March 31, 2016 • from PLN April, 2016
Ninth Circuit Rules Judge “Abused Discretion” in Imposing Abstinence as Supervised Release Condition by Derek Gilna Raymond Leo Jarlik Bell, convicted of filing false income tax returns to obtain fraudulent refunds, appealed his 97-month federal prison sentence on three grounds, including whether the judge committed Sixth Amendment error by failing …
Article • March 31, 2016 • from PLN April, 2016
Filed under: Overdetention
$360,000 Verdict Against Indiana Sheriff for Denying Prompt Court Hearings by An Indiana federal court awarded nearly $360,000 in a class-action lawsuit alleging the Allen County Sheriff’s Office violated arrestees’ due process rights by failing to bring them before a court within 48 hours. The class consisted of 962 people …
Article • March 31, 2016 • from PLN April, 2016
Deaths of Prisoners in Indiana, California and Arkansas Linked to Flu Virus by Joe Watson A winter outbreak of the H1N1 flu virus is being blamed for the death of one prisoner and sickening 40 others, including five staff members, at the Putnamville Correctional Facility in Greencastle, Indiana in January …
Article • March 31, 2016 • from PLN April, 2016
Texas Disciplinary Appeals Board Upholds Disbarment of State Prosecutor by On February 8, 2016, the Texas Board of Disciplinary Appeals, appointed by the state Supreme Court, upheld the disbarment of former prosecutor Charles J. Sebesta, Jr. for using tainted testimony and false statements to obtain a death sentence against now-exonerated …
$11.3 Million Jury Award for Former Colorado Jail Prisoner by Matthew Clarke A federal jury awarded a former Jefferson County Detention Center prisoner more than $11 million against the sheriff and the jail’s privately-contracted medical provider, Correctional Healthcare Companies (CHC) – now Correct Care Solutions – after he was denied …
Lifetime Registration of Low-level Sex Offenders found Excessive, Unconstitutional in New Hampshire by The New Hampshire Supreme Court held in February 2015 that requiring lifetime registration without review of the risk that low-level sex offenders present to the public is unconstitutional. The Court ordered that such offenders must be provided …
Article • March 31, 2016 • from PLN April, 2016
New Federal Law that Brands Sex Offenders’ Passports Faces Court Challenge by Derek Gilna   First it was the so-called “War on Drugs,” complete with military-themed anti-drug task forces and disproportionately long prison sentences primarily reserved for poor people of color, which had little impact on U.S. drug consumption. Now …
Article • March 31, 2016 • from PLN April, 2016
Filed under: Food, Eighth Amendment
Use of Nutraloaf on the Decline in U.S. Prisons by Christopher Zoukis After decades of using food as a means of discipline, prison officials across the country are increasingly turning away from punitive diets as a response to misbehavior by prisoners. One food that has been commonly used as punishment …
Article • March 31, 2016 • from PLN April, 2016
Prisoners Hang Themselves in Sheriff Joe Arpaio’s Jails at a Rate that Dwarfs Other County Lockups by Michael Lacey by Michael Lacey, Phoenix New Times How many people have died in our sheriff’s jails? On May 4, 2015, I asked a spokesman for Maricopa County, Arizona Sheriff Joe Arpaio for a cadaver …
Article • March 31, 2016 • from PLN April, 2016
U.S. Supreme Court Reverses Idaho Supreme Court, Asserts “Federal Supremacy” by Derek Gilna Melene James sued the City of Boise and other defendants in Idaho state court in a 42 U.S.C. § 1983 action, alleging assault, battery, false arrest, wrongful imprisonment and other claims against city police officers, but failed …
Article • March 31, 2016 • from PLN April, 2016
Texas Parole Records Mistake Could Cost Taxpayers Millions by Gary Hunter Prisoners in Texas and their families are still feeling the impact of a botched Texas Department of Criminal Justice (TDCJ) policy change in 2012 that led to the destruction of documents for some 86,000 parole-eligible prisoners, whose files were …
Article • March 31, 2016 • from PLN April, 2016
2015 Annual Anti-Private Prison Awards Announced by On March 1, 2016, the Private Corrections Institute (PCI), a non-profit citizen watchdog organization, announced its 2015 awardees for individual activism, organizational advocacy and excellence in news reporting related to the private prison industry. PCI opposes the privatization of correctional services, including the …
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