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Failure to Timely Assert Affirmative Defense in Responsive Pleading Constitutes Waiver by The Sixth Circuit Court of Appeals held on April 8, 2015 that an Ohio federal district court did not abuse its discretion by finding prison officials had waived their qualified immunity defense in a prisoner’s civil rights action. …
Report Finds Shortcomings at Santa Clara County, California Jail by Derek Gilna A report prepared by a San Francisco law firm following interviews with 944 prisoners and 33 staff members at the Santa Clara County Jail found numerous complaints of both physical and verbal abuse, uneven enforcement of rules, harassment …
Tennessee Prisoner Awarded $60,000 for Guards’ Use of Excessive Force by A Tennessee federal jury awarded $60,000 to a prisoner after finding three guards at the Riverbend Maximum Security Institution (RMSI) in Nashville had used excessive force. The verdict found that prison guards Joshua McCall, Gaelen Doss and Sean Stewart …
Article • April 1, 2016 • from PLN April, 2016
$3.5 Million for South Carolina Prisoner’s Death Due to Deliberate Indifference by The estate of a prisoner who died as a result of complications from medical ailments that went untreated at South Carolina’s Hill-Finklea Detention Center (HFDC) received $3.5 million from a settlement and jury verdict. David Allan Woods, 50, …
Deaf Prisoners Win Important Settlements in Kentucky and Maryland by Derek Gilna Deaf and hard of hearing prisoners have been doubly punished in many prisons and jails, their disability often not only limiting their access to programs, services and communication with the outside world, but also putting them at risk …
Article • April 1, 2016 • from PLN April, 2016
Architects’ Ethics Panel to Consider Boycott of Execution Chambers and Prison Design by David Reutter by David Reutter An advocacy group composed of architects, building designers and planners is hailing a decision by the National Ethics Council of the American Institute of Architects (AIA) to reconsider a proposal to prohibit …
Pepper-spraying Sleeping Prisoner Unconstitutional, but Case Loses at Trial by David Reutter The Sixth Circuit Court of Appeals held that “using a chemical agent in an attempt to wake a sleeping prisoner, without apparent necessity and in the absence of mitigating circumstances, violates clearly established law.” The ruling came in …
“Fatal Neglect” Report Faults ICE Health Care for Deaths of Detained Immigrants by Derek Gilna The American Civil Liberties Union (ACLU), Detention Watch Network (DWN) and National Immigrant Justice Center (NIJC) issued a joint report, “Fatal Neglect: How ICE Ignores Deaths in Detention,” that describes case studies of deficient medical …
Article • April 1, 2016 • from PLN April, 2016
Ninth Circuit: Freezing Prisoner’s Funds Requires Pre-deprivation Process by Mark Wilson Prison officials must provide a pre-deprivation hearing before freezing substantial prisoner assets, the Ninth Circuit Court of Appeals held on April 6, 2015. Under Oregon’s “pay-to-stay” law, prisoners are fully liable for their incarceration costs. The Oregon Department of …
Second Circuit Allows Muslim Prisoners’ Bivens Claims to Proceed by Derek Gilna Although Muslim prisoners held at the harsh U.S. military prison in Guantanamo Bay, Cuba have received more publicity, conditions of confinement for prisoners of Middle-Eastern descent in domestic prisons have also been abusive. So abusive, in fact, that …
DOJ Settlement to Improve Conditions at Mississippi Juvenile Facility by The U.S. Department of Justice (DOJ) has reached a settlement to address conditions at Mississippi’s Leflore County Juvenile Detention Center (LCJDC). The settlement agreement is the culmination of a DOJ investigation and a March 31, 2011 findings letter from the …
Article • April 1, 2016 • from PLN April, 2016
Colson Task Force Report Highlights BOP Issues, Makes Recommendations by Derek Gilna According to the Charles Colson Task Force on Federal Corrections, named after the former top advisor to President Richard Nixon who served a stint in federal prison before dedicating his life to prisoner rehabilitation and spiritual growth, “the …
Article • April 1, 2016 • from PLN April, 2016
Book Review: "Illegal to Legal: Business Success for (ex)Criminals, by R.L. Pelshaw" by Christopher Zoukis Illegal to Legal: Business Success for (ex)Criminals, by R.L. Pelshaw (The Pelshaw Group, 2014). 241 pages, $17.50 paperback Book review by Christopher Zoukis Criminal justice reform is an issue that has gained significant political and …
Lawsuit Claiming CMUs Lack Due Process on Appeal to D.C. Circuit by Derek Gilna The Bureau of Prisons (BOP) first instituted Communication Management Units (CMUs) in 2006 at the federal prison in Terre Haute, Indiana, then added another unit to the supermax in Marion, Illinois in 2008. CMUs were designed …
Article • April 1, 2016 • from PLN April, 2016
Delayed Washington Competency Evaluations and Treatment Violate Due Process by Mark Wilson “The state has consistently and over a long period of time violated the constitutional rights of the mentally ill – this must stop,” declared a Washington federal district court. “The in-jail wait time” before transferring incompetent criminal defendants …
Article • April 1, 2016 • from PLN April, 2016
Sacramento County Settles Former Jail Prisoner’s Lawsuits for $3,800 by Matthew Clarke In February 2015, Sacramento County, California agreed to settle three pro se federal civil rights actions filed by a former Sacramento County jail prisoner alleging theft of his mail, opening of his legal mail outside his presence and …
Privately-operated Texas Prison Rebounds by Matthew Clarke Despite years of controversy that included sitting vacant for months after it was built and staff members being arrested for smuggling contraband and having sexual relationships with prisoners, the Jack Harwell Detention Center in Waco, Texas has rebounded. It now houses more prisoners, …
Article • April 1, 2016 • from PLN April, 2016
Transparent Jumpsuit for Prison Transport May Violate Eighth Amendment by The Seventh Circuit Court of Appeals held last year that a prisoner stated a claim when he alleged he was forced to wear a see-through jumpsuit that exposed his genitals and buttocks while being moved from a county jail to …
Article • April 1, 2016 • from PLN April, 2016
Ninth Circuit: Improper ICE Detainer Constitutes Article III Injury by Mark Wilson The Ninth Circuit Court of Appeals reversed a district court’s dismissal of a false imprisonment suit based upon an improper immigration detainer, as the district court incorrectly held that it lacked Article III standing. In June 2007, Bernardo …
Article • April 1, 2016 • from PLN April, 2016
Filed under: Voting, Release and Reentry
The Will of the People: Ex-prisoners Voted into Public Office by Joe Watson What happens when voters elect a public official once deemed a public threat by the criminal justice system? From Connecticut to Virginia, Michigan to New Hampshire and Oregon to Oklahoma – just a few of the places …
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