Inmates

News & Analysis as of

Deathrow Inmate Loses Appeal But State Is Not Yet Equipped to Execute Him

The Facts Leading Up to Ryan’s Conviction - Michael Ryan was convicted of the brutal torture and murder of James Thimm in 1985. Ryan, a cult survivalist leader at the time, was also convicted of killing a...more

New Sentencing Hearings for Close to 100 Illinois Convicts

The Illinois Supreme Court decided on March 20, 2014 that inmates that are currently serving life sentences without the possibility of parole for homicides they committed as minors will now be granted new sentencing hearings....more

Education Code Section 56041 Requires the District of the Parents' Residence to Provide Special Education Services to Eligible...

Pursuant to a request for a state law decision from the Ninth Circuit Court of Appeals, the California Supreme Court has interpreted Education Code section 56041 to say that the district of the parents' residence is...more

October 2013 Bonus Case Summaries: New York: Commonly Occurring Incidents Trigger a Duty to Preserve

Taylor v. City of New York, 2013 WL 4744806 (S.D.N.Y. Sept. 4, 2013). In this criminal law case, the plaintiff moved for sanctions for spoliation of video footage of a fight between prison inmates. ...more

California Extends Deadline to Consider Early Prison Release for Immigration Law Offenders

California is currently considering a number of possible solutions to its prison overcrowding problems – one of which is an early release of immigration offenders. Last month, a three-judge panel agreed to extend until...more

CMS Offers Clarification Regarding Incarcerated Beneficiary Claim Denials

On July 31, 2013, CMS updated its Frequently Asked Questions (FAQs) for all fee-for-service providers related to incarcerated beneficiary claim denials. Medicare does not cover supplies or services for persons who are...more

Wrongful Death Lawsuits In New Jersey: Who Is At Fault?

The case of a Garfield, New Jersey woman’s murder by an escaped parolee in 2010 illustrates the sometimes-complicated scenario of who bears financial responsibility in a homicide....more

Use Of Force Has To Be Justifiable

Arrests often follow a chase, a struggle or even a fight and may require force to subdue a suspect....more

Private Health Care Providers Should Understand the Risks When Treating Inmates - BB&K's Jared Goldman Examines the Potential...

If you have worked in correctional health care for a while, you have heard about the Eighth Amendment’s prohibition against “deliberate indifference” to an inmate’s medical needs. But you may be unaware of the patchwork of...more

Sexual Misconduct “During” Law Enforcement Activities Does Not “Arise Out of” Law Enforcement Activities

In a recent case before the U.S. District Court for the Central District of Illinois, the court held that jail employees were not entitled to coverage for sexual molestation of an inmate under the law enforcement coverage...more

Counties in California Can Learn a Few Lessons from State on Inmate Health Care - BB&K Health Care Attorney Shares Tips on...

Inmates in the Riverside County jails served a federal class-action lawsuit last month, claiming the county is subjecting them to cruel and unusual punishment by depriving them of basic medical and mental health care. A...more

Inmates Claim County is Depriving Them of Basic Medical and Mental Health Care - Similar Lawsuits Expected to be Filed as Counties...

Inmates in the Riverside County jails served a federal class-action lawsuit last week, claiming the county is subjecting them to cruel and unusual punishment by depriving them of basic medical and mental health care. Among...more

Prison Re-Entry Panel at PBI Conference - Great Learning Experience

One of the great things about being invited to be on a panel at the Pro Bono Institute's wonderful annual conference is that, even though I was presumable asked because I know something about the topic, I always learn much...more

Court Dismisses Suit By Milwaukee County Jail Inmate

An inmate of the Milwaukee County Jail sued the Milwaukee County Sheriff’s Office claiming that he was denied the right to vote. According to the Sheriff’s Office, the inmate was not allowed to vote because he never completed...more

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