Utah Judge Orders Jail to Stop Seizing Prisoners’ Money for Pay-to-Stay Fees
by Matt Clarke
On April 9, 2014, Utah District Judge Michael G. Allphin signed a standing order for all criminal cases in which he presided, prohibiting Davis County Sheriff Todd Richardson, the sheriff’s office and its business manager ...
Obama Administration Promises Transparency but Vigorously Prosecutes Whistleblowers
by Matt Clarke
In 2009, President Barack Obama promised a more transparent, whistleblower-friendly government. Obama claims he delivered on that promise with his November 27, 2012 signing of the Whistleblower Protection Enhancement Act, especially since he issued a White House policy directive ...
Texas Enacts Legislation to Reduce Wrongful Convictions
by Matt Clarke
Legal experts in Texas are trying to iron out a wrinkle they say is an unintended consequence arising from a new law governing discovery in criminal cases, but despite the glitch, the statute has been hailed as landmark legislation aimed ...
Federal Court Finds Texas Violates Rights of Muslim Prisoners
by Matt Clarke
On April 30, 2014, a federal district court held that the Texas Department of Criminal Justice (TDCJ) was violating the constitutional rights of Muslim prisoners by limiting their religious services to one hour per week unless a volunteer ...
$451,000 Federal Jury Award for Illinois Prisoner Beaten by Jail Guard
by Matt Clarke
In March 2014, an Illinois federal jury awarded $451,000 to a pretrial detainee at the Cook County Jail who was severely beaten by a guard a dozen years earlier.
James Degorski, 41, filed a civil rights ...
Texas Prison Escapes Down Since “Texas Seven”
by Matt Clarke
Officials with the Texas Department of Criminal Justice (TDCJ) say the number of escapes from state prisons dropped sharply after seven prisoners staged a brazen break-out in 2001. Since 2012 there have been only three escapes from secure facilities, all ...
One of Two Charges Dropped against Former Texas Governor in Abuse-of-Power Case
by Matt Clarke
One criminal charge has been dismissed in an abuse-of-power case filed against ex-Texas Governor Rick Perry, but a second charge remains pending that stems from his attempt to force the resignation of the district attorney ...
Arizona Jury Awards $3.4 Million against Owner of Sex Offender Websites
by Matt Clarke
In May 2014, a Maricopa County, Arizona jury awarded $3.4 million to people who were falsely profiled on private sex offender websites owned by businessman Charles “Chuck” Rodrick, 52, including SexOffenderrecord.com, Offendex.com and SORArchives.com. Rodrick was ...
Prisoner's Suit Dismissed After Court Finds "Three Strikes" Litigant Not in Imminent Danger
by Matt Clarke
In December 2009, Jeremy Pinson, a federal prisoner serving a 22-year sentence for threatening to kill the president, sued the federal Bureau of Prisons (BOP) alleging that the conditions of confinement at the Special Management Unit (SMU) at the Federal Correctional Institution in Talladega "are unconstitutionally violent and dangerous."
However, Pinson is a "three strikes" litigant, meaning that under the Prison Litigation Reform Act (PLRA), he has filed at least three previous lawsuits which have been dismissed as frivolous. The PLRA requires that a prisoner who has accumulated three strikes cannot file anyfurtherlawsuits unless he either pays the full filing fee up front or shows that he is in "imminent danger of serious physical injury."
Pinson claimed that as a known homosexual and former gang member, his placement at Talladega’s SMU placed him in "a substantial risk of harm." Pinson sought to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915.
In January 2010, the District of Columbia district court entered an order transferring the case to the Northern District of Alabama where Pinson was incarcerated "because none of the alleged events took ...
At Least $78,000 in Sealed Settlement for Texas Jail Prisoner’s Suicide
by Matt Clarke
On March 11, 2013, a Texas federal court approved the settlement of a lawsuit over the suicide death of a Texas prisoner who hung himself using the phone cord in his isolation cell at the Harrison ...
