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In the Eye of the Storm: When Hurricanes Impact Prisons and Jails

Article • May 17, 2018 • from PLN May, 2018

Filed under: Conditions of Confinement, Failure to Protect (General), Shelter, Hurricane Katrina

In the Eye of the Storm: When Hurricanes Impact Prisons and Jails by Matthew Clarke by Matt Clarke Hurricanes and other major storms represent a significant threat to prisoners. Prisons and jails are often built on poorly-drained land located in flood plains or other environmentally-sensitive areas. Although meteorologists usually warn …

A Puerto Rican Federal Prisoner’s Horrifying Account of What the Prison did After Hurricane Maria

Article • April 30, 2018

Filed under: Failure to Treat, Conditions of Confinement, Totality of Conditions, Overcrowding, Eighth Amendment, Plumbing, Excessive Force, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Fire Hoses, Guards/Staff

A Puerto Rican Federal Prisoner’s Horrifying Account of What the Prison did After Hurricane Maria by Milton Pinilla describes a horrific week of violence, humiliation and fear. by Nick Chrastil,  ThinkProgress Like much of Puerto Rico, the island’s only federal detention center – the Metropolitan Detention Center (MDC) in Guaynabo – …

Summary Judgment Reversed in Puerto Rican Arrestee’s Wrongful Death Suit

Article • February 8, 2017 • from PLN February, 2017

Filed under: Failure to Treat, Excessive Force, Police--Excessive Force, Excessive Force (Wrongful Death), Excessive Force (Police)

Summary Judgment Reversed in Puerto Rican Arrestee’s Wrongful Death Suit by In February 2016, the First Circuit Court of Appeals reversed a grant of summary judgment to Puerto Rico police officers in a civil rights action alleging they used excessive force against an arrestee and denied him medical care. The …

Marshal Liable for Social Worker's Cavity Search

Article • August 25, 2016

Filed under: Strip Searches, Body Cavity Searches

Marshal Liable for Social Worker's Cavity Search by A Puerto Rican federal court granted a social worker summary judgment for a strip and cavity search after a civil contempt arrest. Carmen Figueroa-Flores, 61, is a social worker who has no criminal record and had never been arrested. She has had …

BOP Settles Guards Firing by Allowing Disability Retirement

Article • August 1, 2016

Filed under: Employee Litigation, Disabled Employees

BOP Settles Guards Firing by Allowing Disability Retirement by The federal Bureau of Prisons (BOP) agreed to modify the date of a decision letter to allow a terminated guard to seek disability retirement to settle a complaint with the Merit Systems Protection Board. Edward E. Wolfe was a guard at …

Federal Court Dismisses Woman’s Suit Due to Statute of Limitations

Article • November 13, 2015

Filed under: Limitations, Employee Litigation

Federal Court Dismisses Woman’s Suit Due to Statute of Limitations by Federal Court Dismisses Woman’s Suit Due to Statute of Limitations The United States Court of Appeals for the First Circuit has affirmed the dismissal of a Puerto Rican woman’s suit for her failure to file suit within one year …

1st Circuit Court Affirms Police Officer’s Convictions in Prisoner’s Beating Death

Article • February 24, 2015

Filed under: Supervisory Liability, Police--Excessive Force, Excessive Force (Police)

1st Circuit Court Affirms Police Officer’s Convictions in Prisoner’s Beating Death by 1st Circuit Court Affirms Police Officer’s Convictions in Prisoner’s Beating Death The United States Court of Appeals for the First Circuit affirmed on November 22, 2013, the District Court convictions of four former San Juan Municipal Police Officers …

Some GPS Monitoring Devices Capable of Audio Recording

Article • September 20, 2014 • from PLN September, 2014

Filed under: Electronic Monitoring, Attorney Client

Some GPS Monitoring Devices Capable of Audio Recording by Christopher Zoukis Some GPS Monitoring Devices Capable of Audio Recording by Christopher Zoukis Civil libertarians and prisoner advocacy groups have expressed shock and outrage at the discovery that some Global Positioning System (GPS) tracking devices, used to monitor the movement and …

First Circuit: Rejection of Settlement Offer Does Not Justify Defendants’ Attorney Fee Award

Article • September 15, 2013 • from PLN September, 2013

Filed under: Attorneys, Attorney Fee Awards

First Circuit: Rejection of Settlement Offer Does Not Justify Defendants’ Attorney Fee Award by On September 7, 2012, the First Circuit Court of Appeals vacated a $59,787.50 attorney fee award to the defendants in a 42 U.S.C. § 1983 complaint, finding that the plaintiffs’ rejection of a settlement offer did …

Puerto Rico DOC Fires 97 Guards, Suspends More Than 100

Article • December 15, 2012 • from PLN December, 2012

Filed under: Misconduct/Corruption, Guard Misconduct

Puerto Rico DOC Fires 97 Guards, Suspends More Than 100 by Puerto Rico’s revolving door of corrupt prison guards is spinning a little faster. In October 2011, the U.S. commonwealth’s Department of Corrections announced plans to terminate 97 guards and suspend more than 100 others due to illegal drug use, …

Eight Puerto Rican Prisoners Drown in Flooded Van

Article • October 15, 2012 • from PLN October, 2012

Filed under: Misconduct/Corruption, Guard Misconduct, Transportation, Accidents

Eight Puerto Rican Prisoners Drown in Flooded Van by On November 7, 2011 in Puerto Rico, eight prisoners died in a transport van trapped in rising floodwaters. The van contained two guards and ten shackled prisoners, all of whom were pre-trial detainees; most had been unable to afford bail and …

Former Puerto Rican Prisoner Wins Release but Loses § 1983 Action

Article • May 15, 2012

Filed under: Parole Board Misconduct, Discrimination, Sex Offenders (Discrimination), Parole, Habeas Corpus, Qualified Immunity, Sovereign Immunity

Former Puerto Rican Prisoner Wins Release but Loses § 1983 Action by Derek Gilna Former Puerto Rican Prisoner Wins Release but Loses § 1983 Action By Derek Gilna Angel Luis Feliciano-Hernandez, sentenced by a Puerto Rican court in 1981 to a "term of perpetual imprisonment for treatment" for a "record …

Puerto Rico: Convicted Murderer Not Eligible to Participate in Community-Based Diversion Programs

Article • November 15, 2011

Filed under: Classification, Rehabilitation/Recidivism

Puerto Rico: Convicted Murderer Not Eligible to Participate in Community-Based Diversion Programs by By Derek Gilna The First Circuit Court of Appeals has upheld the decision of the United States District Court for the District of Puerto Rico dismissing the due process and equal protection claims of a Puerto Rican …

Puerto Rico Independent Prison Medical Services Contractor Not Employee

Article • November 15, 2011

Filed under: Medical, Private Contractors, Americans with Disabilities Act, Rehabilitation Act

Puerto Rico Independent Prison Medical Services Contractor Not Employee by On November 16, 2010, the First Circuit court of appeals upheld the ruling of a Puerto Rico federal court that an physician who was an independent contractor providing medical services in Puerto Rico prisons was not an employee of the …

Strip and Body Cavity Searches for Civil Contempt Arrestee Unjustified

Article • July 15, 2011

Filed under: Searches, Strip Searches, Arrestee Searches, Body Cavity Searches

Strip and Body Cavity Searches for Civil Contempt Arrestee Unjustified by Brandon Sample By Brandon Sample On March 28, 2008, U.S. District Judge Salvador E. Casellas denied a motion for judgment on the pleadings in a civil rights action challenging a strip and body-cavity search. Carmen Figueroa-Flores was involved in …

ACLU Investigates Prisoners’ Deaths at Puerto Rican Prison

Article • June 15, 2011 • from PLN June, 2011

Filed under: Misconduct/Corruption, Jail Misconduct, Government Misconduct, Medical Neglect/Malpractice

ACLU Investigates Prisoners’ Deaths at Puerto Rican Prison by Derek Gilna An investigative report released by the Puerto Rico chapter of the American Civil Liberties Union (ACLU) in July 2010, concerning the Guerrero Correctional Institution in Aguadilla, Puerto Rico, found that 53 prisoners had died during a six-year period from …

Have a Cell Phone in Your Rectum? Body Cavity Searches OK’d in First Circuit, but Surgical Searches Are Not

Article • March 15, 2011 • from PLN March, 2011

Filed under: Forcible Treatment, Searches, Body Cavity Searches

Have a Cell Phone in Your Rectum? Body Cavity Searches OK’d in First Circuit, but Surgical Searches Are Not by Brandon Sample It is okay to look for contraband in a prisoner’s rectum so long as the search is done by medical staff in a non-abusive manner, according to the …

First Circuit Rejects Internet, Pornography Restrictions on Sex Offenders

Article • January 15, 2010

Filed under: Parole Conditions, Mail, Sexually Explicit Materials, Internet

First Circuit Rejects Internet, Pornography Restrictions on Sex Offenders by On January 21, 2009, the U.S. Court of Appeals for the First Circuit reversed two special conditions of supervised release imposed on a sex offender. The two conditions, one banning all internet use at home, the other prohibiting the possession …

Punitive Damages Alone Entitles Plaintiff to Attorney Fees under § 1988; Kerr-Selgas Doctrine Does not Apply to § 1983 Actions

Article • September 15, 2009

Filed under: Attorney Fee Awards, Civil Procedure, Damages

Punitive Damages Alone Entitles Plaintiff to Attorney Fees under § 1988; Kerr-Selgas Doctrine Does not Apply to § 1983 Actions by Punitive Damages Alone Entitles Plaintiff to Attorney Fees under § 1988; Kerr-Selgas Doctrine Does not Apply to § 1983 Actions On January 30, 2009, the First Circuit remanded the …

Psychiatrists Who Okay Homicidal Cops Return to Duty Not Entitled to Qualified Immunity

Article • August 15, 2008

Filed under: Police Misconduct, Criminal Prosecution, Qualified Immunity, Supervisory Liability, Police, Excessive Force (Police)

Psychiatrists Who Okay Homicidal Cops Return to Duty Not Entitled to Qualified Immunity by A police officer abused the plaintiff. At the time, he had a remarkable record of bizarre and violent misconduct, including holding several police officers hostage with a shotgun after assaulting his wife (after which he was …