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Article • November 7, 2017 • from PLN November, 2017
Filed under: Eighth Amendment
Seventh Circuit Allows Prisoner’s Eighth Amendment Claim to Proceed by Christopher Zoukis by Christopher Zoukis The Court of Appeals for the Seventh Circuit has reversed a district court’s ruling that a former prisoner’s Eighth Amendment claim of cruel and unusual punishment could not go forward. The appellate court did, however, ...
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 • November 7, 2017 • from PLN November, 2017
Lawsuit Over 22 Years of Continuous Segregation Reinstated by Second Circuit by Lonnie Burton by Lonnie Burton On January 24, 2017, the Court of Appeals for the Second Circuit reversed a ruling by a New York federal district court that dismissed a lawsuit brought by a prisoner who had challenged ...
Article • November 6, 2017 • from PLN November, 2017
DOJ Applauds Pennsylvania’s Commitment to Treatment for Mentally Ill Prisoners by David Reutter by David M. Reutter The U.S. Department of Justice (DOJ) has ended its investigation into the Pennsylvania Department of Corrections’ (PDOC) use of solitary confinement for prisoners with serious mental illness or intellectual disabilities (SMI/ID). PLN reported ...
Eighth Circuit: Restraint Board Order Entitled to Qualified Immunity by The United States Court of Appeals for the Eighth Circuit reversed a lower court’s denial of qualified immunity to a guard who ordered a prisoner confined to a restraint board for more than three hours. Minnesota prisoner Ronnie Jackson has ...
Article • October 10, 2017 • from PLN October, 2017
Seventh Circuit Dissent: “A Dog Would Have Deserved Better Treatment” by Derek Gilna by Derek Gilna William A. Miller, incarcerated at FCC Terre Haute, a Bureau of Prisons (BOP) facility in Indiana, entered prison with a serious health problem – a thalamic brain tumor that required a lower bunk assignment, ...
Article • October 10, 2017 • from PLN October, 2017
Fourth Circuit Reverses Dismissal of Prisoner’s Failure to Protect Claim by Christopher Zoukis by Christopher Zoukis In March 2016, the Fourth Circuit reversed a district court’s dismissal of a prisoner’s Eighth Amendment failure to protect claim in a case that subsequently settled. The prisoner, James Herman Raynor, was held at ...
Article • October 10, 2017 • from PLN October, 2017
$200,000 Settlement for Restraint of Pregnant Prisoner after Ninth Circuit Vacates Summary Judgment by The Ninth Circuit vacated a summary judgment order in favor of Arizona jail officials in a case that involved a pregnant prisoner who was restrained while she was in labor and after she gave birth. Miriam ...
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 8, 2017
Eighth Circuit Affirms Dismissal of Minnesota Prison Workplace Injury Lawsuit by Lonnie Burton by Lonnie Burton On February 2, 2017, the U.S. Court of Appeals for the Eighth Circuit affirmed the ruling of a federal district court in Minneapolis which dismissed a lawsuit filed by a prisoner who lost three ...
Article • September 1, 2017
Eighth Circuit: Pepper Spraying Prisoner's Genitals Not Excessive Force by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eighth Circuit has affirmed a district court's finding that a Missouri prison guard did not use excessive force when he pepper sprayed a prisoner four times, including ...
Article • August 31, 2017
Tenth Circuit Affirms Dismissal of Eighth Amendment Lawsuit Over Botched Oklahoma Execution by Lonnie Burton by Lonnie Burton On November 15, 2016, the United States Court of Appeals for the Tenth Circuit upheld the dismissal of a lawsuit brought by the estate of a prisoner who was executed by lethal ...
Article • August 21, 2017
Mississippi Supreme Court Allows Challenge of Lethal Injection Protocol to Continue; Reverses Lower Court by Lonnie Burton by Lonnie Burton On December 15, 2016, a 5-4 ruling by the Mississippi Supreme Court revived a 42 U.S.C. § 1983 lawsuit brought by a death row prisoner who claimed he will suffer cruel ...
Article • July 28, 2017 • from PLN August, 2017
Fourth Circuit Rules Lawsuit over Inadequate Prison Food Not Barred by Res Judicata by Lonnie Burton by Lonnie Burton On April 25, 2016, the Fourth Circuit overturned a district court’s order dismissing a lawsuit filed by a South Carolina prisoner who alleged that the food served at a state prison ...
Ninth Circuit: Warden Who Failed to Protect Female Prisoners from Sexual Assault Not Immune from Suit by Christopher Zoukis by Christopher Zoukis The Ninth Circuit has ruled that the former warden at the California Institute for Women (CIW) is not immune from liability for failing to protect two female prisoners ...
Beagle v. Yamhill County, OR, Complaint, Wrongful Death Medical Neglect, 2017 Case 3:17-cv-00711-AA Document 1 Filed 05/08/17 Page 1 of 22 Matthew D. Kaplan, OSB No. 980699 matthew(Zl)mdkaplanlaw.com Kaplan Law, LLC 222 SW Columbia St., Suite 1111 Portland, Oregon 97201 Telephone: 503 226-3844 Facsimile: 503 943-6670 Attorney for Plaintiff UNITED ...
Disability Rights Florida v. Jones, FL, Motion for Summary Judgment, Disability Rights, 2017 Case 4:16-cv-00047-RH-CAS Document 62 Filed 01/30/17 Page 1 of 51 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA Tallahassee Division DISABILITY RIGHTS FLORIDA, INC., Plaintiff, vs. CASE NO. 4:16-cv-47-RH-CAS JULIE JONES, in her official capacity as Secretary ...
J.J. v. Litscher, WI, Complaint, Juvenile Solitary Confinement, 2017 Case: 3:17-cv-00047 Document #: 1 Filed: 01/23/17 Page 1 of 40 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN J.J., by and through his next friend, Sakeena Jackson; K.D., by and through her next friends John Levy and Meranda ...
J.J. v. Litscher, WI, Preliminary Injunction, Juvenile Solitary Confinement, 2017 Case: 3:17-cv-00047-jdp Document #: 71 Filed: 07/10/17 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN J.J., by and through his next friend Sakeena Jackson; K.D., by and through her next friends John ...
Brief • July 10, 2017
Wilson v. Lackawanna County, PA, Complaint, Trans Hormone Therapy, 2017 ·''. ' i;• ·; Case 3:17-cv-01191-RDM Document 1 Filed 07/07/17 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA SPARKLES WILSON a/k/a STEVEN FRITZ 1371 N . WASHINGTON AVENUE SCRANTON, PA 18509 PLAINTIFF v. CIVIL ...
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