Michigan Governor Lacks Authority to Revoke Commutations
by David Reutter
The Michigan Supreme Court held on June 3, 2014 that the governor does not have the power to revoke a completed commutation of sentence. It further held that where it is the governor’s clear intent to commute a sentence and ...
Two Georgia jail guards were placed on paid leave for “inappropriate actions” in the death of a pretrial detainee at the Chatham County Detention Center.
Just hours after his New Year’s Day arrest, Matthew Ojibade was found unresponsive in an isolation cell. His arrest came after his girlfriend called police to intervene to take Ojibade, 22, to a hospital for treatment of a manic episode.
According to a police report, police witnessed Ojibade under a blanket holding a woman, whose face was bruised and her nose was bleeding.” The report says Ojibade failed to comply with orders to release the woman and proceeded to “resist apprehension in a violent manner.”
He was charged with domestic violence, battery, and obstruction of an officer. The girlfriend informed police that Ojibade had mental issues and she gave them a bottle of his medication.
At the jail, Ojibade “fought with deputies…and had to be restrained,” says a police statement. The restraint was placement in a restrainment chair. Officials say a struggle caused injuries to three guards, including a female sergeant who suffered a concussion and broken nose. His “dangerous behavior” resulted in placement in an isolation cell.
On the second welfare check, Ojibade was ...
Virginia is leading the way in restoring civil rights to former offenders. In just the last year, Gov. Terry McAuliffe restored the rights of 5,113 Virginians to vote, serve on a jury, hold public office, and become notaries. He is acting to remove obstacles that prevent others from receiving civil rights restoration.
Historically, Virginia has been one of the most restrictive states in the nation in restoring civil rights to those who have completed their criminal sentence sanctions. Attempts in recent years to amend the Virginia Constitution to allow automatic restoration of civil rights have failed. Nonviolent offenders are eligible to have their rights restored after they have served their time and paid fines and restitution; violent offenders must wait five years.
Former Gov. Bob McDonnell pushed for the constitutional amendment. He also used his authority as the only person who can restore civil rights, setting a record with the restoration of rights to 8,163 people over his four – year term. About 35,000 people in the state are disenfranchised in the state, including about a fifth of the state’s population.
McAuliffe is picking up where McDonnell left off, and he is sure to surpass the restoration record. “I’m only ...
by David Reutter
With $118 million in federal funds, Louisiana's Plaquemines Parish built a state-of-the-art 871 bed jail. However, the Parish lacks the money to operate it or the prisoners to fill it.
The jail was built on the plans of former Sheriff Jeff Hingle, who is in federal prison for accepting kickback bribes from the jail's contract manager, to profit from housing state and federal prisoners. Both plans have fallen through.
With only about 70 prisoners, Plaquemines Parish is unable to fill but a portion of the new jail. Currently, the Parish's prisoners are being housed in Orleans Parish Prison, which is under federal oversight.
The jail has an enviable view of the Mississippi River and it has not gone unnoticed by residents. “There are two sides to every story,” said resident Byron Encalade. “Do you open it up and lose money or let it sit and not? It's a budgeting issue.”
It is also a headache the new Parish Council will have to confront. “They will have to address it,” said outgoing Councilman Burghart Turner. “I do believe that they will have to sit down and look at it, what to do with the prison, what has to ...
Tennessee Jail Breached Duty to Provide Medical Care; Damages Trial Ordered
by David Reutter
he Tennessee Court of Appeals has held the Tipton County Jail (TCJ) breached its duty of care by failing to provide a pre-trial detainee with proper medical treatment. The ruling reversed a trial court’s judgment following ...
Change in Florida Jail Policy Leads to Increased Homelessness
by David M. Reutter
For those without resources or help from family or friends, being released from jail has always been difficult. A change in policy in Broward County, Florida is leaving even those who have someplace to go stranded and ...
Georgia’s High Court Finds No Categorical Right to Counsel in Civil Contempt Proceedings
by David Reutter
The Georgia Supreme Court affirmed an appellate court’s ruling that decertified a plaintiff class of indigent parents who were jailed without being provided counsel following civil contempt proceedings brought by the state Department of ...
GEO Group Rescinds $6 Million Donation to Name Stadium at Florida University
by David M. Reutter
A student-led coalition against naming the Florida Atlantic University (FAU) football stadium after private prison firm GEO Group claimed victory in April 2013, when the company withdrew its $6 million donation to the school ...
Misconduct at Washington State Civil Commitment Center as Concern Grows Over Releases
by David M. Reutter
Washington state’s Special Commitment Center (SCC), which was created to house and treat prisoners classified as violent sexual predators, has become the focus of investigations into staff misconduct. Additionally, the growing number of releases ...
Georgia’s Execution Drug Secrecy Law Found Constitutional
by David Reutter
In a 5-2 ruling, the Georgia Supreme Court held on May 19, 2014 that it is not unconstitutional for the state to keep secret the names and other identifying information of persons and entities involved in executions, including those who ...
