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Article • December 12, 2017
Filed under: War on Terror, Terrorism
Fourth Circuit Allows Abu Ghraib Torture Suit to Move Forward by Christopher Zoukis The United States Court of Appeals for the Fourth Circuit has reversed a district court's ruling that a war crimes lawsuit brought by Iraqi nationals allegedly tortured by military contractors in 2003 and 2004 cannot go forward. ...
Article • December 12, 2017
New York Top Court Invalidates Local Laws Restricting Sex Offender Residency by Christopher Zoukis By Christopher Zoukis The New York Court of Appeals has ruled that efforts by local governments to restrict where sex offenders may reside in New York are preempted by state law, rendering them invalid. The court ...
Article • December 12, 2017
Injunction Requiring Kosher Diet in Florida Prisons Vacated by Eleventh Circuit by Christopher Zoukis By Christopher Zoukis In an unusual opinion based on an issue completely missed by the parties, the United States Court of Appeals for the Eleventh Circuit has vacated an injunction that required the State of Florida ...
Article • December 12, 2017
Seventh Circuit: Falsely Accused Man, Conviction Expunged, Cannot Sue Anonymously by Christopher Zoukis By Christopher Zoukis The United States Court of Appeals for the Seventh Circuit has ruled that a man who was falsely accused of a crime and later had his record expunged cannot sue for malicious prosecution anonymously. ...
Article • December 12, 2017
Filed under: Food
New Food Vendor, Same Old Problems in Michigan Prisons by David Reutter A new food contractor maintained relative peace for the first few months, but in the face of poor meals, Michigan prisoners have staged a protest. As PLN reported, the Michigan Department of Corrections (MDOC) was forced in 2015 ...
Article • December 12, 2017
Filed under: Probation
Vermont Supreme Court: Miranda Warning Not Necessary When Probation Officer Questions Probationer about Criminal Activity by Christopher Zoukis By Christopher Zoukis The Vermont Supreme Court has ruled that a person on "furlough," a heightened version of parole in Vermont, has no right to a Miranda warning prior to questioning by ...
Article • December 12, 2017
Filed under: Corizon, Medical
Health Care Crisis Declared at Florida Women’s Reception Center; Voids Contract by David Reutter by David M. Reutter Florida’s Correctional Medical Authority (CMA) declared a health care emergency at the Florida Women’s Reception Center (FWRC).  The crisis at FWRC is just another red flag since Florida officials privatized it in ...
Article • December 12, 2017
Filed under: Bail, Bail Bonds
Efforts to End “Scourge of Money Bail” Meeting with Success by David Reutter By David M. Reutter The initiative by Equal Justice Under Law to end the incarceration pending trial of persons too poor to post bail is reaping positive outcomes.  Each day, there are about 500,00 human beings who ...
Article • December 11, 2017
Man Wrongly Imprisoned on Death Row for 28 Years May Sue Ohio by Dale Johnston was convicted of murdering his stepdaughter and her boyfriend and sentenced to death. The decision of a three-judge panel in 1984 was based in part on testimony from a hypnotized witness. He always denied having ...
Article • December 11, 2017
Congress Exempts from Taxation Awards to Wrongfully Convicted by Derek Gilna by Derek Gilna Congress has passed the wrongful Conviction Tax Act of 2015 with votes from both sides of the aisle, exempting the damage awarded granted the wrongfully convicted from federal tax liability.   According to the Innocence Project, a ...
Article • December 11, 2017
Private Prison Profits Drive Increase in Immigrant Detentions by Derek Gilna by Derek Gilna Although most of the discussion in the past several months has been the continuing decrease in the number of prisoners in the federal Bureau of Prisons (BOP) to slightly more than 200,000, the Department of Homeland ...
Article • December 11, 2017
Fifth Circuit Allows Intervention by Sierra Club in Reverse FOIA Suit by Christopher Zoukis By Christopher Zoukis The United States Court of Appeals for the Fifth Circuit has allowed Sierra Club to intervene in a reverse Freedom of Information Act (FOIA) records request lawsuit. The dispute stemmed from FOIA requests ...
Article • December 11, 2017
Florida Supreme Court Speaks Out of Both Sides of Mouth in Prisoner Sanction Case by Christopher Zoukis By Christopher Zoukis The Florida Supreme Court has issued an unusual opinion in which it simultaneously sanctioned a prisoner for too many filings and pointed out that the prisoner may be serving an ...
Article • December 11, 2017
BOP Prison Guard's 30 Day Suspension for Biting Inmate Reversed in Arbitration by Christopher Zoukis By Christopher Zoukis The 30-day suspension of Kenneth O. Davis for biting a prisoner was overturned by federal arbitrator Michael L. Allen on December 12, 2002. Davis, a senior officer specialist (prison guard), was working ...
Article • December 11, 2017
$5,000 to Transgender Prisoner in Maryland Sexual Harassment Lawsuit by Lonnie Burton By Lonnie Burton On August 17, 2015, an administrative law judge in Maryland ruled that state prison officials were guilty of sexually harassing and mistreating a transgender prisoner and awarded her $5,000 in damages. The ruling was the ...
Article • December 11, 2017
$4,000 to Subject of Esquire article "The Tunnel" in Retaliation Lawsuit against Michigan Prison Officials by Lonnie Burton
Article • December 11, 2017
South Carolina’s Treatment of Seriously Mentally Ill Found Unconstitutional by David Reutter By David M. Reutter A South Carolina Court of Common Pleas found the South Carolina Department of Corrections’ (SCDC) “mental health system exposes seriously mentally ill inmates to a substantial risk of serious harm.” The court began its ...
Article • December 11, 2017
Texas Prison Guards' Union Chief Decries Indoor Use of Gas Gun by Matthew Clarke By Matt Clarke Lance Lowry, a Texas prison guard and the head of the Huntsville local of the union representing the most prison guards in Texas, said a prison supervisor who fired a gas gun at ...
Article • December 11, 2017
Filed under: Police Misconduct, Police
$1.9 Million to Settle with Students Hit by Car Fleeing Police by Christopher Zoukis By Christopher Zoukis Three 17-year-old students run over by a car fleeing Newark, New Jersey police in a high speed chase have settled a lawsuit brought over injuries resulting from the crash. Curtis Berry, Jessica Pemberton, ...
Indiana Woman Settles Claim that Clay County Police Officer Grabbed Her Breasts During Traffic Stop by Christopher Zoukis By Christopher Zoukis An Indiana woman who claimed that a Clay County, Indiana Reserve Sheriff's Deputy used unjustified, excessive, sexual force against her during a traffic stop settled her claim for an ...
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