Tag Archive: lawsuits

Daniel McGowan Sues the BOP

daniel_mcgowan_FREE!From HuffPost:

Daniel McGowan may have been the first person thrown in solitary confinement for writing a HuffPost blog. Now he’ll be the first person to sue the Bureau of Prisons over it.

The environmental activist and former prisoner filed a lawsuit on Wednesday against the prison system over an April 2013 incident in which U.S. Marshals threw him in a Brooklyn federal jail — ironically, for criticizing earlier violations of his free speech.

“The Bureau of Prisons does not like criticism and their reaction was unsurprisingly to try and crush someone who stepped out of line,” McGowan told HuffPost Tuesday in an email.

After a federal judge labeled him a terrorist in 2007 for arson committed with the Earth Liberation Front, McGowan spent years in some of the federal prison system’s most restrictive prisons, the communication management units (CMUs). The Bureau of Prisons denies it, but internal prison files strongly suggest McGowan was placed there because of his continued outspoken association with the environmental movement. (more…)

Russell Maroon Shoatz released from solitary confinement – first time in general population in more than 22 years

maroonFrom Abolitionist Law Center

February 20, 2014: Pittsburgh PA —  Russell Maroon Shoatz was released from solitary confinement into the general prison population at State Correctional Institution (SCI) Graterford this morning, ending more than 22 consecutive years in solitary confinement. The news was confirmed by Maroon during a legal call with an attorney from the Abolitionist Law Center.

Maroon’s son, Russell Shoatz III, said, “We are very excited that this day has finally come. My father being released from solitary confinement is proof of the power of people organizing against injustice, and the importance of building strong coalitions. I especially want to thank all of those who have supported the collective struggle to end my father’s solitary confinement, including my siblings and members of the Shoatz family, the Human Rights Coalition, Abolitionist Law Center, Scientific Soul Sessions, the entire legal team, UN Special Rapporteur Juan Mendez, the 5 Nobel Peace Laureates, the National Lawyers Guild, Center for Constitutional Rights, along with the dozens of other organizations and thousands of individuals who have participated in this effort.”

The move comes after Maroon, who turned 70-years-old in August 2013, was transferred to three different Pennsylvania prisons in the past nine months. It marks the first time that Shoatz has been in the general prison population in the state of Pennsylvania since 1983, when he was placed in solitary confinement due to his work with the Pennsylvania Association of Lifers to abolish life-without-parole sentences. For a 17-month period between 1989-1991, Maroon was held in the general prison population at the federal penitentiary at Leavenworth, Kansas. (more…)

Pharmacy won’t provide lethal drug for Missouri execution

Revamped lethal injection room at San Quentin State Prison supplied by the California Department of Corrections and Rehabilitation.

Revamped lethal injection room at San Quentin State Prison supplied by the California Department of Corrections and Rehabilitation.

From RT

An Oklahoma pharmacy has agreed not to supply compounded pentobarbital for an upcoming execution in Missouri, following a lawsuit filed by the convict arguing the substance is likely to cause “ultimately inhumane pain.”

The lawsuit was filed by Michael Taylor, whose execution is scheduled for February 26 and who alleged that Missouri could obtain the lethal drug – pentobarbital – from the Apothecary Shoppe of Tulsa.

A federal judge ruled last week that the pharmacy must suspend the supply of the drug to Missouri until further review. The Apothecary Shoppe chose to settle the case out of court.

The Apothecary Shoppe has agreed that it will not prepare or provide pentobarbital or any other drug for use in the execution of Michael Taylor,” Carrie Apfel, Taylor’s attorney, said in a written statement, according to St Louis Public Radio. She also said the pharmacy had not sold any drugs to the Department of Corrections for this execution yet.

The settlement comes as US states which implement capital punishment face a growing shortage of lethal substances, following the 2011 decision by the EU to stop altogether the sale and export to the US of drugs that could potentially be used for executions. (more…)

Federal judge upholds the government’s right to search electronics at the border

borderFrom The Verge

A US judge has declared that the government can still search and confiscate your electronic devices when you cross the border — dismissing a lawsuit against the policy largely on the grounds that such searches are rare occurrences.

In a ruling released on Tuesday, a judge out of the Federal District Court for the Eastern District of New York declared that the lawsuit plaintiffs didn’t have grounds for their case. “There is not a substantial risk that their electronic devices will be subject to a search or seizure without reasonable suspicion,” he noted. And even if the lawsuit had moved forward, the judge added that the government doesn’t need reasonable suspicion to confiscate or search devices like laptops or cellphones. (more…)