News & Analysis as of

Inmates

Stone walls (and policies) do a prison make: UDC bound by its rules

by Kirton McConkie PC on

PERSONNEL POLICIES - While sitting in prison in 1642, the English poet Richard Lovelace penned his most famous lines: “Stone walls do not a prison make, nor iron bars a cage.” While Lovelace’s words about the nature and...more

“Ban the Box” and Background Checks – Recent Trends and Movements

Retailers and other employers regularly consider the backgrounds of job applicants and employees when making personnel decisions. It is not illegal for employers to ask questions about an applicant’s criminal history, or to...more

For It’s One, Two, Three Strikes and Prisoner Suits (Might Be) Out

by Butler Snow LLP on

The Prison Litigation Reform Act (PLRA), enacted by an overwhelmingly bipartisan vote to respond to the prisoner “litigation explosion,” has reduced the number of prisoner suits. But more than twenty years later, federal...more

The Spears Hearing: An Under-Utilized Filter for Frivolous Prisoner Lawsuits

by Butler Snow LLP on

In a previous post, I noted the recent twentieth anniversary of the Prison Litigation Reform Act (PLRA) – highlighting the intent behind the Act (to curb frivolous inmate lawsuits) and the Act’s effect (a sixty percent drop...more

Manatt on Medicaid: Monthly Expansion Recap, March 2017 #2

Arkansas - Governor Proposes Changes to Medicaid Expansion Waiver as House Passes Bill to Cap Expansion Enrollment - Governor Asa Hutchinson (R) released a proposal to amend the State's Medicaid expansion waiver by...more

Twenty Years After Reform, Inmate Litigation Still Crowds Dockets

by Butler Snow LLP on

A million dollars in damages for melted ice cream. Cruel and unusual punishment for having to listen to country music. A suit demanding L.A. Gear or Reebock shoes instead of prison-issued Converses. An emotional distress...more

Failure to Disclose Not Justified by Non-Fifth Circuit Authorities

by Strasburger & Price, LLP on

Lisa Velasquez Olivarez claimed that a GEO employee sexually assaulted her while she was incarcerated in the Maverick County Detention Center. She made recorded phone calls from prison to her mother and a friend, suggesting...more

California Ballot 2016: Pros and Cons of Props 62-67

by Lewitt Hackman on

This is part three of our ongoing series, California Ballot 2016, summarizing each of the 17 state-wide measures voters will encounter on the November ballot. Click these links: Props 51-56, or Props 57-61 to catch up on the...more

Ask the Health Law Gurus™: Can a Prison Forcibly Medicate an Inmate with a Psychotropic Drug against the Inmate’s Will?

Question: Can a Pennsylvania prison forcibly administer a psychotropic medication to an inmate against the inmate’s will? Answer: In Pennsylvania, a prison’s ability to forcibly medicate an inmate with a psychotropic...more

Lawsuits Continue Against Central Virginia Regional Jail

by Womble Bond Dickinson on

Two federal lawsuits are proceeding against the Central Virginia Regional Jail for civil rights violations of inmates. One case is brought by the mother of an inmate who died in CVRJ custody allegedly due to lack of medical...more

Worth Another Look: GO-TIME

One year ago today, Gov. Tom Wolf signed an executive order establishing the Governor’s Office of Transformation, Innovation, Management and Efficiency (GO-TIME). The Executive Order sought to increase coordination between...more

Supreme Judicial Court Hears Case Involving Access to Sweat Lodges in Prisons

On October 5, 2015, the Supreme Judicial Court of Massachusetts heard argument in Trapp v. Commissioner of the Department of Corrections, SJC-11863. At issue is whether RLUIPA (and the Massachusetts Constitution) recognize...more

Africa Update - September 2015 #5

Leading the News - Burkina Faso: On September 25th, the United Nations (U.N.) Security Council issued a statement welcoming the reinstatement of President Michel Kafando and the transitional authorities of Burkina...more

FCC’s TCPA Order Offers Little Clarity or Relief for Businesses

by Davis Wright Tremaine LLP on

In potentially its most significant action under the Telephone Consumer Protection Act (TCPA) since the 2003 overhaul of its rules ushering in the National Do-Not-Call Registry and other updates, the Federal Communications...more

RLUIPA Round-Up

by Robinson & Cole LLP on

Coral Springs, Florida may allow Satanist Chaz Stevens to begin a City Commission meeting with an invocation honoring Satan in September or October. However, Mayor Skip Campbell will first meet with commission members to...more

Kosher Meals for Prisoners: U.S. Department of Justice Wins Claim of Religious Discrimination against the Florida Department of...

by Robinson & Cole LLP on

A federal court has ruled that the Florida Department of Corrections’ (Department) refusal to provide kosher meals to inmates violates the Religious Land Use and Institutionalized Persons Act (RLUIPA). The court’s decision in...more

Connecticut Home Invasion Killer/Death Row Inmate Sues Under RLUIPA for Kosher Food

by Robinson & Cole LLP on

In 2007, Steven Hayes and Joshua Komisarjevsky invaded a home in Cheshire, Connecticut, where they horrifically murdered a mother and her two children. Hayes and Komisarjevsky were sentenced to death for their crimes. ...more

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

by Ronald Shapiro on

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

by King & Spalding on

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

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

by Best Best & Krieger LLP on

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

by Cozen O'Connor on

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...

by Best Best & Krieger LLP 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...

by Best Best & Krieger LLP on

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

by Baker Donelson on

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

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Cybersecurity

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