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Eighth Circuit Reverses Finding of Due Process Violations in Minnesota Civil Commitment Program by Matthew Clarke by Matt Clarke On January 3, 2017, the Eighth Circuit Court of Appeals handed down an opinion that reversed a district court’s finding of substantive due process violations in a civil rights complaint brought ...
Oregon Prison Guard Freed on Sex Charge, Victim Detained as Material Witness by "She was in chains,” said Betsy Rawls, an attorney representing a former prisoner who was incarcerated as a material witness against the prison guard who sexually abused her. “Belly chains and shackles. And she’s the victim.” The ...
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 ...
Alabama DOC: Partial Settlement on ADA, Mental Health Claims; $1 Million in Attorney Fees Awarded by David Reutter by David M. Reutter The Alabama Department of Corrections (ADOC) has agreed to a partial settlement to ensure prisoners with disabilities receive treatment and services under the Americans with Disabilities Act (ADA). ...
Article • October 10, 2017 • from PLN October, 2017
Georgia Teen’s Suicide from Neglect Results in $1.7 Million Settlement by A settlement was reached last year in a lawsuit brought by the estate of a teenager who hanged himself at a Georgia Department of Juvenile Justice (DJJ) facility. The complaint described a chilling account of neglect of a child ...
Correctional Health Report Suppressed by Bush Administration Finally Released by A "prophetic" U.S. Surgeon General's report that warned of a coming crisis with mentally ill prisoners and prison health care in general, suppressed by the Bush administration, was only released in mid-2016. The 2006 document, titled “The Surgeon General: Call ...
Article • October 9, 2017 • from PLN October, 2017
Kansas Supreme Court: Four Years of Pretrial Detention too Long by In December 2016, the Kansas Supreme Court ordered the release of a man who had been held in jail more than four years awaiting trial under the Kansas Sexually Violent Predator Act (KSVPA). The state’s high court held that ...
Article • September 12, 2017
$1.3 Million+ Award of Attorney's Fees and Costs Approved in New York Unlawful Confinement Case that Netted Only $1 in Damages by Lonnie Burton by Lonnie Burton On June 17, 2016, Judge Jed A. Raskoff, sitting in the U.S. District Court for the Southern District of New York, issued an ...
First Circuit Orders Clarification of Conditions of Release for Sex Offender by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the First Circuit has ordered a lower court to clarify several conditions imposed upon a sex offender as part of his supervised release following a term ...
Article • September 1, 2017
Filed under: Hunger Strikes, Food, Suicides
New York Courts Affirms Prison's Right to Force Feed Prisoner by Lonnie Burton by Lonnie Burton On December 29, 2016, a New York appellate court ruled that prison officials did not violate a prisoner's rights by medically force feeding him. The court found that the prison's responsibilities for "safety and ...
Article • August 31, 2017
Indiana: Incarcerated Mother's Parental Rights Termination Overturned by Lonnie Burton by Lonnie Burton On November 10, 2016, the Indiana Court of Appeals reversed a lower court's order terminating the parental rights of a mother who found herself serving a seven month jail sentence for a drug offense. The appellate court ...
Article • August 30, 2017 • from PLN September, 2017
Opening the Door by Jean Casella and Aviva Stahl by Jean Casella and Aviva Stahl, Solitary Watch What will it take to end long-term solitary confinement in America’s prisons? Colorado could be the first to find out. For 13 of his 22 years in prison, Cero Smith spent 23 hours ...
Article • August 30, 2017 • from PLN September, 2017
Federal Court Approves Landmark BOP ADX Mental Health Settlement by Derek Gilna by Derek Gilna Following a two-day hearing, Colorado federal district court judge Richard P. Matsch approved a landmark settlement in December 2016 that ended a five-year class-action lawsuit over the horrendous mistreatment of mentally ill prisoners. As a ...
Deaths at North Carolina Jail Due to Lack of Medical, Mental Health Care by The deaths of four pre-trial detainees at the Durham County Jail in North Carolina are under investigation. Over the past 16 years, 10 other prisoners have died at the facility. Officials are remaining mum, referring questions ...
Article • August 29, 2017 • from PLN September, 2017
Surgeon General’s Report: Substance Abuse Continues to Grow in America by Derek Gilna by Derek Gilna A new report from the federal government documents what many already know: that the problem of substance abuse addiction continues to expand, now affecting an estimated 20.8 million Americans. That’s more than the total ...
Article • August 24, 2017
Notice of Sex Offense Admission Requirement Not Required to Find Florida Probationer Violated Treatment by David Reutter by David Reutter The Florida Supreme Court held a defendant may be found guilty of violating probation for failing to admit to engaging in sexually deviant behavior during a sex offender program. Warren ...
Article • August 23, 2017
Vermont Prisoner’s Ex Post Facto Challenge to Program Change Fails by David Reutter by David Reutter The Vermont Supreme Court held that statutes and policies that do not retroactively after or limit the Vermont Department of Corrections (VDOC) discretion over a prisoner’s treatment programming and early release, their application did ...
Article • August 22, 2017
Filed under: Sex Offender Treatment
North Dakota Sex Offender Commitment Reversed Due to Insufficient Trial Court Findings by Lonnie Burton by Lonnie Burton On February 18, 2016, the North Dakota Supreme Court vacated the ruling of Ward County District Judge Gary H. Lee denying a petition for discharge from civil commitment as a sexually violent ...
Article • August 22, 2017
Filed under: Sex Offender Treatment
New York Appellate Court Orders Sex Offender Released from Civil Confinement, Holds Man was Unlawfully Committed by Lonnie Burton by Lonnie Burton On December 17, 2014, the New York Court of Appeals reversed a Supreme Court order which revoked the out-patient treatment of a sex offender and directed that he ...
Article • August 22, 2017
Montana Supreme Court Upholds Termination of Incarcerated Father's Parental Rights, But Vacates Incarceration As a Basis for Doing So by Lonnie Burton by Lonnie Burton On March 22, 2016, the Supreme Court of Montana approved a district court order terminating the parental rights of a father serving a ten year ...
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