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Whether, in federal habeas review of a Texas death sentence, procedural default of an ineffective assistance of appellate counsel claim may be excused when the cause of the default is initial-collateral review counsel鈥檚 own ineffectiveness.

Whether the Ninth Circuit鈥檚 鈥減rovocation rule鈥� that police officers may be held liable for using force when they provoked a threatening reaction with a Fourth Amendment violation is consistent with the Supreme Court鈥檚 use of force analysis in Graham v. Connor and subsequent cases?

The ACLU, the Southern Poverty Law Center (SPLC), the Law Offices of Elizabeth Alexander, and the law firm of Covington & Burling LLP, filed a petition for class certification and expert reports for a federal lawsuit on behalf of prisoners at the East Mississippi Correctional Facility (EMCF). The lawsuit, which was filed in May 2013, describes the for-profit prison as hyper-violent, grotesquely filthy and dangerous. EMCF is operated "in a perpetual state of crisis" where prisoners are at "grave risk of death and loss of limbs." The facility, located in Meridian, Mississippi, is supposed to provide intensive treatment to the state's prisoners with serious psychiatric disabilities, many of whom are locked down in long-term solitary confinement.

This case was filed on behalf of prisoners following a serious disturbance in 1991 at the Montana State Prison (MSP) that resulted in seven deaths. The lawsuit challenges inadequate medical and mental health care, overcrowding, and inadequate environmental and fire safety conditions, classification policy, and sex offender policies. The parties settled all issues except those related to treatment of protective custody prisoners, which were ultimately tried in a separate case filed by the Department of Justice. A settlement was reached in 1995, but it required monitoring by experts to assure compliance with the terms of the settlement.