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Legal

Legal issues in the correctional system encompass various topics, including inmate rights, staff conduct, and compliance with state and federal laws. This directory offers articles and resources on the legal aspects of correctional facility operations, helping staff stay informed about the regulations and policies that govern their work. Understanding legal responsibilities is essential for minimizing liability and ensuring facilities operate within the law. For more information, explore our section on Corrections Policies.

Analysts said closing the prison would reduce infrastructure costs as CDCR projects $2.5 billion in maintenance needs at 25 facilities
A medical audit of the Bernalillo County Metropolitan Detention Center links systemic breakdowns in detox, chronic care and emergency response to ongoing constitutional violations
Policy changes at the Norfolk City Jail include RN-led intake screenings, expanded mental health staffing and enhanced deputy training
Judge April Newbauer wrote that officials “utterly failed” to prevent the crisis at Rikers Island despite clear warning signs
A DOC spokesperson says not being able to hire 18-year-olds “really limits” the agency
The man responsible had been released from prison in 2016 after serving a little more than three years of a 10-year sentence for manslaughter
No compassionate release was granted for a child sex offender who had yet to undergo treatment in the correctional facility
Veteran CO Keisha Williams pressed for the measure with help from other female union board members
A law librarian says she placed the plastic toy on the inmate’s desk as a joke; ODOC says the “gift” is contraband and indicates an inappropriate personal relationship
Court says no to compassionate release request for convicted murderer and drug kingpin in this recent case
Robert Garcia, a 12-year law enforcement veteran, said he acted to protect another officer
The suit was filed on behalf of women arrested for minor offenses who had photos taken of tattoos on or near intimate body parts during booking
The Supreme Court’s Kingsley decision resolved a federal circuit split regarding an “objective reasonableness” standard vs. a “subjective intent” standard
DOC screeners cited numerous assaults on previous cellmates in their recommendation to house James Boyd alone; officials overturned it without explanation
While the state has protocols in place to screen and confiscate outgoing inmate mail, Multnomah County says their hands are tied
The publisher of Prison Legal News and Criminal Legal News is suing for unspecified damages and an end to the practice
Henry Montgomery, who was convicted of killing a sheriff’s deputy at age 17, has been released from prison after 57 years
The Supreme Court has ruled that legality of force directed at convicted prisoners by prison officials must include not only an analysis of the nature and degree of the force used, but also a review of the rationale and purpose for the use of force
Maria Olga Tahara says she was physically and verbally harassed by her officer in charge; the jury agreed
Tyrone Johnson escaped from the Lerdo Pre-Trial Facility in April and remained on the loose for two months
A surprise Marshals Service inspection last month found unsanitary and abusive conditions
A majority of justices expressed concern that granting John Henry Ramirez’s request could lead to a string of cases asking for other accommodations
When the new requirements cannot be accommodated, such as during a security risk, written documentation must be provided explaining why
“He has always stated the only reason he used force was to get the young man under control,’’ said an attorney for one of the COs
Their attorneys described the discipline tactics as “torture events”
ICE
In addition to $17.3M for immigrant detainee back pay, the private prison company owes Washington state nearly $6M
The appellate court addresses the degree of deference corrections facilities have when it comes to prison regulation
“If an inmate would require medical attention en route to an emergency room at a hospital, the EMS ambulance crew is better prepared than my deputies” Westmoreland County Sheriff James Albert said
“These are pretty extraordinary cases that include sexual assault, rapes, murder,” said District Attorney John Wentworth
Jamal Sutherland died in January after deputies repeatedly used stun guns and kneeled on his back to restrain him
Attorneys argue the low-IQ inmate should have been given help understanding the prison paperwork that laid the groundwork for the planned lethal injection
The case comes after the Massachusetts State Police unsuccessfully sued Gov. Charlie Baker
The inmate, who is accused of assaulting police officers, has yet to receive treatment for a broken wrist sustained in May