Search

The Fourth Circuit Court of Appeals ruled that North Carolina prisoners who adhere to the Nation of Gods and Earths (NGE) can be treated as adherents of a religion, even if the group denies the label. The court found that the North Carolina Department of Public Safety's refusal to recognize NGE violated the First Amendment's Freedom of Religion Clause and the Religious Land Use and Institutionalized Persons Act. The court also noted that 15 other state prison systems already recognize NGE as a religion. In a separate case, a Washington state court ruled that a county jail violated state law by holding detainees responsible for the costs of their medical care without a judicial determination of their ability to pay. The court ordered the jail to discharge the medical debt and revise its policy. [Extracted from the article]

The Arizona Supreme Court has reversed a grant of partial summary judgment to Corizon Health, the former private medical contractor for the state Department of Corrections, in a lawsuit filed over a state prisoner's death from allegedly untreated diabetes. The Court agreed that the medical experts testifying against Corizon Health did not meet the requirements for testifying against a licensed health professional. The Court also rejected Corizon Health's argument that the experts could not testify that Corizon Health nurses caused the death because they were not doctors. [Extracted from the article]

A federal judge in Indiana granted summary judgment to 22 state prisoners who had filed separate lawsuits alleging unconstitutional conditions of confinement at the Miami Correctional Facility. The prisoners claimed that the grievance process was "unavailable" as they did not receive responses to their grievances and were unable to appeal. The judge found that the lack of response and the inability to appeal constituted a violation of the prisoners' rights. In Massachusetts, 19 prisoners held in solitary confinement at the Souza-Baranowski Correctional Center began a hunger strike to protest the conditions despite state law reforms limiting its use. They alleged limited out-of-cell time and restricted activity. Advocates have called for an investigation into the use of solitary confinement at the facility. In Alabama, former sheriff Mike Blakely was denied parole after serving over a year of his three-year sentence for corruption. The state Board of Pardons and Paroles deadlocked on his parole application, resulting in no parole being granted. The Board has been criticized for granting parole to only a small fraction of eligible individuals. [Extracted from the article]

A settlement of $900,000 has been reached in a lawsuit against an Ohio jail following the death of a pretrial detainee who suffered a fatal seizure. The detainee, Jennifer Ohlinger, was found unresponsive in her cell after hitting her head and losing consciousness. The settlement was announced by the attorney representing Ohlinger's estate. The Court of Appeals for the Sixth Circuit reversed a lower court's judgment in favor of a jail nurse but affirmed summary judgment for the guards involved. Tribal courts in Native American communities are increasingly offering holistic "healing to wellness" programs for criminal defendants, similar to restorative justice initiatives. These programs provide substance abuse treatment and counseling during incarceration, followed by support services after release. The goal is to address poverty, substance abuse, and historical cultural trauma among Native Americans, who are disproportionately represented in prisons. [Extracted from the article]

A Vermont court has ruled in favor of the Human Rights Defense Center (HRDC) in its request for records from Centurion of Vermont related to its contract with the state Department of Corrections (DOC) between 2015 and 2020. The court determined that the requested records are public records under the Vermont Public Records Act (PRA) and rejected Centurion's argument that they were exempt from disclosure. The court ordered HRDC to clarify the scope of its request and ordered Centurion to produce the records, with the option to redact potentially harmful personal information. [Extracted from the article]

The article discusses a case in which an Illinois prisoner, Jordan Whitaker, sought to proceed in forma pauperis (IFP) despite having a balance in his trust account that exceeded the filing fee. The U.S. Court of Appeals for the Seventh Circuit issued an opinion providing guidance to judges on granting prisoners' motions to waive court filing fees and proceed IFP on appeal. The court determined that Whitaker's IFP motion should be granted, as he had not deliberately depleted his account to avoid payment and there was no evidence that he was not bringing the appeal in good faith. [Extracted from the article]

The Human Rights Defense Center (HRDC) has won a partial summary judgment in a prison censorship case against the North Carolina Department of Adult Correction (DAC). The court ruled that DAC violated HRDC's rights by prohibiting communication between HRDC and its subscribers and censoring HRDC's publications. The court also found that DAC's blanket ban on HRDC publications violated its own policies and a previous consent decree. The court permanently enjoined DAC from similar violations in the future. [Extracted from the article]

Alabama has been denied summary judgment in a prisoner's lawsuit over a knifepoint rape. The federal court declined to dismiss most of the claims made by the prisoner against officials with the state Department of Corrections. The court found evidence of deliberate indifference to prisoner-on-prisoner violence, serious medical needs, intentional infliction of emotional distress, and civil conspiracy. The court also noted that there were numerous reported incidents of assaults at the facility and evidence that senior DOC staff knew about staffing and assault problems but did nothing to correct them. [Extracted from the article]

A settlement of $7,500 has been reached in a case involving a Georgia prisoner's retaliation claim. The claim survived summary judgment, with the court ruling that the prisoner's First Amendment rights had been violated. The case stemmed from a peaceful protest at Autry State Prison in 2018, during which tear gas was deployed and participants were transferred to other prisons. While most of the prisoner's claims were dismissed, the retaliation claim resulted in the settlement. The organization Mourning Our Losses, which focuses on honoring the lives of incarcerated individuals who have died, continues to advocate for prison reform. [Extracted from the article]

The article discusses a case in which the U.S. Court of Appeals for the Seventh Circuit revived a prisoner's challenge to the seizure of $10,000 by Wisconsin prison officials. The prisoner alleged a due process violation when he was deprived of an impartial disciplinary hearing decision maker. The court found that there were significant allegations suggesting that the investigating officer conspired with or controlled the decision maker, indicating bias. The court also determined that the officer's interference in the hearing violated the prisoner's right to an impartial decision maker. The case has been sent back to the district court for further proceedings. [Extracted from the article]

The article highlights the ruling of U.S. District Court in case of Kisela v. Hughes in which Amy Hughes sued Officer Andrew Kisela for a Fourth Amendment violation and alleging use of excessive force.

The article discusses the court case Chamberlain v. City of White Plains, 960 F.3d 100 (2d Cir. 2020), wherein the U.S. Court of Appeals for the Second Circuit considered whether there was a plausible claim for unlawful entry and whether the officers involved were entitled to qualified immunity. It report that the Estate of Kenneth Chamberlain, Sr., challenged the District Court's granting the defendants' motion to dismiss unlawful entry, excessive force, and supervisory liability.

The article discusses the Supreme Court of Hawaii considered Marlin Lavoie's challenge of a trial court's decision to allow testimony on prior bad acts and errors in jury instructions. Topics include the state supreme court ruled that the trial court erred in allowing testimony about prior bad acts; and a jury instruction on the definition of extreme mental and emotional disturbance has not prejudicial.

The article presents an Eighth Circuit Court of Appeals Court case, "Dols v. Saul". It discusses that Robert Dols had moderate functional restriction due to mental illness, thereby disqualifying him from receiving Supplemental Security Income (SSI). It mentions the Eighth Circuit Court of Appeals determined that substantial evidence supported the Administrative Law Judge's determination.