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Publication • March 31, 2016
DRC Confiscated Major Contraband Brief, CIIC, 2016 DRC Confiscated Major Contraband Correctional Institution Inspection Committee March 24, 2016 Contraband Definition Administrative Rule (AR) 5120-9-55 distinguishes between two types of contraband, “minor” and “major”:  Minor Contraband: refers to items possessed by an inmate without permission and: (a) The location in …
Publication • March 31, 2016
New York State Police, Unsubstantiated Personnel Complaint No. 20160026, 2016 TYPE: Personnel CASE# 20160026 FINDING: Unsubstantiated -------------------------Complainant: INTERNAL AFFAIRS BUREAU PERSONNEL COMPLAINT TRACKING REGION: South LEVEL: ,1 TYPE: Personnel Troo or Detail F SUBJE VIDEO? D ALLEGATION: Co used excessive force durin his arrest. SYNOPSIS: Investigation into this matter has …
Article • March 30, 2016
Filed under: Restitution
Oregon Rules Authorizing Restitution as Disciplinary Sanction Upheld by Mark Wilson The Oregon Court of Appeals rejected a prisoner’s constitutional and statutory challenge of administrative rules authorizing the imposition of restitution as a prison disciplinary sanction and the withdrawal of money from his prison trust account to pay such restitution. …
Article • March 30, 2016
IFP Denials Don’t Trigger California Vexatious Litigant Treatment by Mark Wilson The California Court of Appeals held that a lower court improperly determined that a prisoner was a vexatious litigant, under California law. When an In Forma Pauperis (IFP) application is denied, the action is never commenced and does not …
Article • March 30, 2016
Filed under: Forfeiture
Forfeiture Procedural Requirements Require Strict Compliance in Tennessee by The Tennessee Supreme Court has held that in forfeiture proceedings, the governmental agency seeking forfeiture must present affirmative proof that it has complied with both the procedural and substantive requirements of the forfeiture statutes. The ruling came in a suit filed …
Article • March 30, 2016
Filed under: Visiting
California Felon Prison Re-entry Law Requires Informed Consent by Mark Wilson The California Court of Appeals held that a state law prohibiting ex-convicts from entering prison grounds without consent requires informed consent. Under California Penal Code section 4571, it is a felony for anyone who has been previously sentenced to …
Article • March 30, 2016
$565,500 Jury Verdict in Montana Jail Prisoner’s Wrongful Death Suit by Matthew Clarke On October 24, 2014, a Montana state jury found Missoula County liable in the wrongful death of a jail prisoner and assessed an award of $565,500 against the county. The county agreed not to appeal and to …
Article • March 30, 2016
$55,000 Settlement in Suit over Beating/Restraint Chair Abuse at New Jersey Jail by Matthew Clarke In December 2014, Sussex County, New Jersey settled a lawsuit brought by a former jail prisoner who alleged he was brutally beaten, sprayed with chemicals and strapped into a restraint chair for 19 hours after …
Article • March 30, 2016
Filed under: Discrimination, Marriage
Missouri: Law Requiring Prisoners’ Presence for Marriage Licenses Unconstitutional by Joe Watson U.S. District Judge Gary Fenner ruled on February 6, 2014, that a Missouri law that effectively prohibits prisoners from getting married is unconstitutional because it violates the due process clause of the 14th Amendment. The law – Missouri …
Following Settlement, Use of Seclusion Plummets in Ohio Juvenile Prisons by Matthew Clarke On May 21, 2014, the United States Department of Justice (DOJ) and private plaintiffs announced a settlement agreement with Ohio requiring the Ohio Department of Youth Services (DYS) to dramatically reduce and eventually eliminate the use of …
Article • March 30, 2016
$100,000 Award to Pennsylvania Prisoner Denied Dental Care by A Pennsylvania federal jury awarded $100,000 to a prisoner who was denied treatment for a “rotten molar” while at the Washington County Correctional Facility (WCCF). Upon his February 6, 2009 intake at WCCF, Joseph Consonery informed a nurse that he had …
Article • March 30, 2016
$25,000 Settlement for Pennsylvania Prisoner Injured in Work Squad by A $25,000 settlement was reached in a lawsuit by a former Pennsylvania prisoner who was injured using a jackhammer on a work squad. Jeffrey Thomas was a prisoner at the work camp of the State Correctional Institution – Rockview on …
$350,000 Settlement in Suit over Texas Jail Prisoner's Murder by Matthew Clarke On August 21, 2014, Tarrant County, Texas settled for $350,000 a lawsuit brought under the Civil Rights Act and Americans with Disabilities Act (ADA) by the sister and administrator of the estate of deceased Tarrant County Jail prisoner …
Article • March 30, 2016
$75,000 Award for Illinois Prisoner Subjected to Forced Feeding by An Illinois federal jury awarded $75,000 to a prisoner who was subjected to excessive force during a force feeding procedure.  Post-trial, the parties reached a confidential settlement that included attorney fees. Illinois prisoner John Williams went a hunger strike at …
Article • March 30, 2016
Ninth Circuit Rules Judge “Abused Discretion” in Imposing Post-Conviction Abstinence by Derek Gilna Ronald Bell, arrested and convicted of filing false tax returns to obtain fraudulent refunds, appealed his district court sentence on three grounds, including whether the district court judge committed Sixth Amendment error in failing to prompt him …
Article • March 30, 2016
New Thurston County, Washington Jail Finally Opens After Sitting Empty by It didn’t matter that in 2004, the citizens of Thurston County, Washington voted against building a new county jail. In 2010, County Commissioners took it upon themselves to borrow $44 million from county coffers to build the new facility …
In-the-News Article • March 30, 2016
PLN editor quoted re high cost of prison phone calls March 30, 2016 Articles with PLN Quotes International Business Times How Prison Phone Calls Became a Tax on The Poor by Eric Markowitz, IB Times March 30, 2016   On a recent sticky morning in a trailer park in Biloxi, …
Larsgard v. Ryan et al, AZ, Notice of Settlement, 8th Am Wexford medical neglect indifference, 2016 Case 2:12-cv-02149-SPL Document 587 Filed 03/30/16 Page 1 of 2 1 2 3 4 Georgia A. Staton, Bar #004863 Brandi C. Blair, Bar #025944 Kenneth L. Moskow, Bar #029839 JONES, SKELTON & HOCHULI, P.L.C. …
Brief • March 30, 2016
Filed under: Settlements
Wiley v. Kirkpatrick, Settlement Order, Edits, 2016 Case 6:07-cv-06484-MAT-HBS Document 148 Filed 03/30/16 Page 1 of 6 Case 6:07-cv-06484-MAT-HBS Document 148 Filed 03/30/16 Page 2 of 6 Case 6:07-cv-06484-MAT-HBS Document 148 Filed 03/30/16 Page 3 of 6 Case 6:07-cv-06484-MAT-HBS Document 148 Filed 03/30/16 Page 4 of 6 Case 6:07-cv-06484-MAT-HBS Document …
Brief • March 29, 2016
Palmer v. City of Ecorse, MI, Protection Order, Defendant's Hard Drive, 2016 2:14-cv-12247-GAD-DRG Doc # 68 Filed 03/29/16 Pg 1 of 3 Pg ID 466 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EMANUEL PALMER, Plaintiff, Case No. 2:14-cv-12247 -vs- Hon. Gershwin A. Drain Magistrate David R. Grand …
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