by Dale Chappell
While filing a notice of appeal on time is a mandatory, jurisdictional requirement that may not be waived or ignored, there is a provision that allows a motion for an extension of time to file the notice. The U.S. Court of Appeals for the Sixth Circuit held ...
by Dale Chappell
I have to admit that the idea of a citebook in the age of searchable databases was a little lost on me. “Who needs a citebook these days,” I would say. But then Richard, managing editor at Criminal Legal News, asked me to take a look at ...
by Dale Chappell
It seems the best way to move up through the ranks within the Alabama Department of Corrections (ADOC) is to be a problem child. Personnel records reviewed by Injustice Watch show that prison guards who participate in and promote violence and abuse against prisoners get promoted despite ...
by Dale Chappell
"Our work has changed. It’s shifted.” That statement was made by Jessica McArdle, a public defender in Springfield, Massachusetts, who says she and her co-workers have had to get creative in representing clients during the coronavirus pandemic. “Everything’s done remote now,” Kate Malone, another public defender and ...
by Dale Chappell
The U.S. Court of Appeals for the Seventh Circuit held on February 19, 2020, that a totality of the circumstances must be considered in determining whether a “policy or custom” of a government agency caused an injury in order to file a Monell claim in federal court. ...
by Dale Chappell
On November 15, 2019, the Utah Department of Corrections (DOC) settled lawsuits with four former prisoners who were tortured at the hands of Daggett County Jail guards, agreeing to pay out a total of $122,000. The abuse, which led to the closure of the jail, occurred between ...
by Dale Chappell
After seeing surveillance video of a group of prisoners drinking hot water from the same cup – allegedly attempting to raise their body temperature before it was checked by a nurse – and then sharing sniffs of a face mask, Los Angeles County Sheriff Alex Villanueva said ...
by Dale Chappell
The American Civil Liberties Union (ACLU) has filed a federal lawsuit against a private prison run by CoreCivic in Florence, Arizona, claiming that staff has failed to protect its prisoners and the community from the coronavirus, according to a story in The Appeal and court records.
According ...
by Dale Chappell
Surveillance video released in January 2020 from the Ottawa County Jail in Miami, Oklahoma, provides graphic evidence of the neglect and abuse suffered by detainee Terral Ellis at the hands of jail staff in the days leading up to his death from septic shock and pneumonia in ...
by Dale Chappell
The U.S. Court of Appeals for the Ninth Circuit announced a new rule on January 16, 2020 concerning what constitutes a violation of the Eighth Amendment’s prohibition on cruel and unusual punishment when a prisoner alleges a sexual assault by prison staff.
The new rule was established ...
