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Articles by Douglas Ankney

Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Guard Accused of Provoking One Prisoner to Attack Another

by Douglas Ankney

On August 23, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed the judgment of a lower court in favor of Arkansas prisoner Deverick Scott, who claimed that a guard with the state Department of Corrections (DOC) provoked a fellow prisoner to attack Scott in ...

Arizona Governor Creates Independent Prison Oversight Commission

by Douglas Ankney

On January 25, 2023, Arizona Gov. Katie Hobbs (D) signed Executive Order No. 6, establishing an Independent Prison Oversight Commission (IPOC). Created to address the “urgent need to provide transparency and accountability of Arizona’s corrections system,” Hobbs said that IPOC’s responsibilities include safeguarding the integrity of the ...

Fourth Circuit: Dismissal of South Carolina Prisoner’s Complaint Cannot Prematurely Be Called a “Strike” Under PLRA

by Douglas Ankney

On April 13, 2023, the U.S. Court of Appeals for the Fourth Circuit ruled that a district court cannot dismiss a prisoner’s complaint and at the same time declare it a “strike” for purposes of 28 U.S.C. § 1915(g). Under that statute, as amended by the Prison ...

South Carolina Supreme Court Denies Prisoner’s Challenge to DOC Policy Restricting Visitors to People He Knew Before Incarceration

by Douglas Ankney

On April 5, 2023, the South Carolina Supreme Court affirmed that denying a state prisoner visits from people he didn’t know prior to incarceration did not implicate any liberty interest created by the state – so he was not entitled to relief when his grievance over the ...

$30,000 Paid by Pennsylvania to Prisoner Who Alleged Guards Beat and Tortured Him

by Douglas Ankney

On December 8, 2022, the Commonwealth of Pennsylvania agreed to pay state prisoner Warren Easley $30,000 to settle claims that guards and medical staff at the State Correctional Institution (SCI) in Frackville violated his civil rights.

Easley filed his suit pro se in federal court for the ...

Number Held in U.S. Prisons and Jails Dipped in Pandemic’s Second Year

by Douglas Ankney

According to a report released by the U.S. Department of Justice’s Bureau of Justice Statistics (BJS Report) in December 2022, “the number of persons under the jurisdiction of state or federal correctional authorities in the United States declined 1%, from 1,221,200 to 1,204,300” between December 31, 2020, ...

Court Orders Preliminary Injunctive Relief for Transgender Massachusetts Prisoners

by Douglas Ankney

In consolidated cases, the Massachusetts Superior Court for Suffolk County ordered preliminary injunctive relief on December 30, 2022, for a pair of transgender women incarcerated at the state’s Souza Baranowski Correctional Center (SBCC).

Each woman filed a suit, which the Court consolidated. In the lead case, Jerome ...

$2,060,000 Awarded to Former New York Prisoner Left Quadriplegic After Assault by Guards

by Douglas Ankney

On February 21, 2023, the U.S. District Court for the Southern District of New York entered judgment in favor of a now-paroled prisoner against the state Department of Corrections and Community Supervision (DOCCS), after an assault by guards left him paralyzed. Based upon a jury’s verdict in ...

The Almost Unknown Turkey Bowl and Black Sheep

by Douglas Ankney

While fans of college football get excited in November about upcoming bowl games, few ever mention the Turkey Bowl, likely because almost none of those fans will be in attendance. Played annually – except for the unusual 2020 season canceled due to COVID-19 – the game draws ...

Virginia Prisoner Wins Habeas Release on Ineffective Assistance of Counsel Claim

by Douglas Ankney

There was good news and bad news for former Virginia prisoner Jeramiah Chamberlain on December 22, 2021. That’s when the U.S. Court of Appeals for the Fourth Circuit affirmed dismissal of his suit against officials with the state Department of Corrections (DOC), alleging they failed to treat ...