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Article • December 7, 2017
Illinois Prisoner Granted Transfer in Injunctive Relief in Extremely Rare Ruling by David Reutter by David Reutter The U.S. Southern District Court of Illinois granted a preliminary injunction for prisoner Calvin Mitchell as failed against Correctional Officer Stephen Baker and Warden Kim Butler. The order required that Mitchell be transferred ...
Washington State Prisoner Settles Mailroom/Public Records Lawsuit for $750 by Lonnie Burton by Lonnie Burton On September 25, 2016, the state of Washington finalized a settlement agreement with a prisoner who had sued for public records act violations and for improper prison mail rejections. The parties agreed to a $750 ...
Article • December 7, 2017
Class Action Member May File Independent Suit to Protect Individual Need by David Reutter by David Reutter A California federal district court granted limited injunctive relief to a state prisoner in a deliberate indifference suit against the California Correctional Training Facility (CTF) doctors. The court held that an individual member ...
Article • December 5, 2017 • from PLN December, 2017
Seventh Circuit: District Court Erred in Dismissing Prisoner’s § 1983 Suit for Failure to Exhaust by Lonnie Burton by Lonnie Burton The Court of Appeals for the Seventh Circuit has reversed a district court’s order dismissing a Wisconsin state prisoner’s 42 U.S.C. § 1983 lawsuit on the grounds that he ...
Article • December 5, 2017 • from PLN December, 2017
Vermont Supreme Court Upholds Rights of Jailhouse Lawyers by Christopher Zoukis by Christopher Zoukis In a unanimous and lengthy opinion, the Vermont Supreme Court dismissed a charge of unauthorized practice of law brought against a jailhouse lawyer. Martin Serendipity Morales, a prisoner who identifies as female, was being held at ...
Brief • December 4, 2017
Meiers v. Ottawa Cty, MI, Motion to Remove Vilke Expert Witness Testimony, 2017 Case 1:15-cv-00866-PLM-RSK ECF No. 215 filed 12/04/17 PageID.3012 Page 1 of 17 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN _____________________________ VENESSA MEIRS, as Personal Representative Case No.: 1:15-cv-00866-PLM-RSK of the ESTATE OF SCOTT MEIRS, U.S. District ...
Article • November 30, 2017
Michigan Court Forced to End “Pay or Stay” Policy by David Reutter by David Reutter A Michigan state district court judge was ordered to end a “pay or stay” policy that he used to toss poor defendants in jail for their inability to pay fines, fees and court costs. The ...
Article • November 28, 2017
Filed under: Costs, Juveniles
Ninth Circuit: Incarceration Costs Subject to Bankruptcy Discharge by Mark Wilson by Mark Wilson "Seeking to obtain…revenue by unremittingly pursuing legal actions against disadvantaged individuals--the counterproductive practice at issue here--can have damaging effects on the community," the United States Court of Appeals for the Ninth Circuit recently declared. "Not only ...
Article • November 7, 2017 • from PLN November, 2017
Michigan Court Forced to End “Pay or Stay” Policy by David Reutter by David M. Reutter A Michigan state district court judge was ordered to end a “pay or stay” policy that he used to toss poor defendants in jail for their inability to pay fines, fees and court costs.  ...
Article • November 7, 2017 • from PLN November, 2017
Missouri Has Difficulty Retaining Provider for Execution Drugs by David Reutter by David M. Reutter The Missouri Department of Corrections ran afoul of the state’s public records laws when it tried to withhold its source of propofol, a lethal injection drug, a state court judge ruled. That’s when the drug’s ...
Article • October 10, 2017 • from PLN October, 2017
No-show Cops and Dysfunctional Courts Keep Cook County Jail Prisoners Waiting Years for a Trial by Spencer Woodman by Spencer Woodman, Chicago Reader June 25, 2012, was a terrible day for Jermaine Robinson. Overall, life was good – the 21-year-old Washington Park resident had been studying music management at Columbia ...
Article • October 10, 2017 • from PLN October, 2017
Prisoner Showed Good Cause for Extension of Time by The Tenth Circuit Court of Appeals held a district court erred in denying a prisoner’s motion for extension of time to respond to a dispositive motion. Oklahoma state prisoner Archie Rachel, 71, filed suit in federal court regarding his medical treatment ...
Article • October 10, 2017 • from PLN October, 2017
Filed under: Prison Labor, Grievances
South Carolina Prisoners’ Wage Grievances Not Subject to 15-day Deadline by A South Carolina Appellate Court held that prisoners’ grievances were not subject to a 15-day filing deadline because they did not concern an “incident” but rather challenged the South Carolina Department of Corrections’ (SCDC) policies or procedures. The ruling ...
Article • October 10, 2017 • from PLN October, 2017
Private Probation Company Agrees to End Drug Testing Absent Court Order by David Reutter by David Reutter In a preliminary consent order, Sentinel Offender Services, a private probation company, agreed to stop its practice of drug testing probationers without court approval. The order was entered in a class-action case challenging ...
Woodruff v. County of Sussex, NJ, Settlement, Jail Assault, 2017 GENERAL RELEASE THIS RELEASE (hereafter "Agreement") is made between Robert Woodruff ("Plaintiff'') and the County of Sussex, Michael F. Strada, Homer Wanamaker, and Leslie Port ("Defendants") (referred to collectively as the "Parties"). 1. Payment. Within thirty (30) business days of ...
Article • September 1, 2017
Federal Judge: Chicago Guilty of 'Bad Faith' for Refusing to Provide Documents in Police Shooting Case, Cites Ongoing Pattern of Conduct by City by Lonnie Burton by Lonnie Burton In a sternly-worded 24-page order dated January 3, 2017, U.S. District Judge Joan B. Gottschall of the U.S. District Court for ...
Article • August 31, 2017
Arkansas: Failure to Include Interested Party is Fatal to Action for Declaratory Relief by Dale Chappell by Dale Chappell Failure to include an interested party is fatal to an action for declaratory relief, the Arkansas Supreme Court held on August 3, 2017. Cedric Brown pleaded guilty to attempted first-degree murder ...
Article • August 31, 2017
Filed under: Mandamus, Parole
Denial of Parole No Basis for Writ of Mandamus in Arkansas by Dale Chappell by Dale Chappell A petitioner’s claim that his rights were violated when he was denied parole is no basis for a writ of mandamus, the Arkansas Supreme Court held on August 3, 2017. Anthony Warren filed ...
Article • August 30, 2017 • from PLN September, 2017
Third Circuit Vacates Summary Judgment on SHU Strip Search Claims by The Court of Appeals for the Third Circuit reversed a summary judgment order in favor of prison officials who subjected prisoners in segregation to visual body-cavity searches three times a day. While confined in a Secured Housing Unit (SHU) ...
Article • August 30, 2017 • from PLN September, 2017
Oregon Prison Officials Must Provide Post-release Disability Care by An Oregon federal district court issued a preliminary injunction enjoining prison officials from releasing a disabled prisoner without assistance. Oregon state prisoner Steven Fox was an able-bodied person when he entered prison in 2010. Due to the neglect of prison officials, ...
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