Fifth Circuit Holds Prison Officials Need Not be Named in Grievances
by Matt Clarke
On November 15, 2013, in an unpublished decision, the Fifth Circuit Court of Appeals reversed the summary dismissal of a Texas prisoner’s civil rights action, holding that he did not have to name the defendants in ...
Florida Court of Appeals: Prison Guards Can Raise “Stand Your Ground” Defense
by Matt Clarke
On March 28, 2014, a Florida Court of Appeals held that a former Department of Corrections guard charged with aggravated battery for assaulting a prisoner was entitled to pursue a “stand your ground” defense pursuant ...
Fifth Circuit: Sleep Deprivation May Violate Eighth Amendment
by Matt Clarke
In an unpublished ruling, the Fifth Circuit held on April 1, 2014 that a Texas prisoner’s sleep deprivation-based challenge to the security schedule used by the Texas Department of Criminal Justice (TDCJ) may state a valid claim for violation ...
Consent Decree and Remedial Plan End Lawsuit Challenging Conditions in Illinois Juvenile Facilities
by Matt Clarke
On September 12, 2012, the American Civil Liberties Union (ACLU) helped juvenile offenders held in secure facilities operated by the Illinois Department of Juvenile Justice (DJJ) file a class-action federal lawsuit alleging that conditions ...
Texas Prison Population Drops as Guard Shortage Persists
by Matt Clarke
In spite of a three-year downward trend, Texas continues to lead the nation with the largest state prison population. At the same time, the state has pursued a variety of incentives to address a chronic shortage of prison guards. ...
Federal Court Orders Colorado to Provide Outdoor Recreation to Supermax Prisoner
by Matt Clarke
A federal court in Colorado has heldthat a mentally ill prisoner who spent over 12 years in administrative segregation must be afforded an opportunity for outdoor recreation. The court also ordered the Colorado Department of Corrections ...
Florida Court of Appeals: Prison Guards Can Raise “Stand Your Ground” Defense
by Matt Clarke
On March 28, 2014, a Florida Court of Appeals held that a former Department of Corrections guard charged with aggravated battery for assaulting a prisoner was entitled to pursue a “stand your ground” defense pursuant ...
Texas Prison Population Drops as Guard Shortage Persists
by Matt Clarke
In spite of a three-year downward trend, Texas continues to lead the nation with the largest state prison population. At the same time, the state has pursued a variety of incentives to address a chronic shortage of prison guards. ...
Fifth Circuit Declares SORNA Unconstitutional in Certain Cases, Reversed by Supreme Court
by Matt Clarke
The full Fifth Circuit Court of Appeals held in July 2012 that Congress did not have the power to enact criminal penalties for failing to register as a sex offender following an intrastate move, as ...
Colorado: Sentencing Court May Override Sexually Violent Predator Risk Assessment Score
by Matt Clarke
The Colorado Supreme Court has held that a sentencing court may designate a person convicted of a sexual offense a Sexually Violent Predator (SVP) even if a risk assessment instrument (screening instrument) indicates that the person ...
