• Search Content
• Brief Bank
• Publications
• PLN Back Issues
• PLN Audio
• PLN Photos
• PLN Videos

Archive: 2004

December

• Business as Usual by Todd Matthews (p 1)
• Death Exposes Inadequate Mental Health Care in Oregon Prisons by Mark Wilson (p 6)
• PAMII Requires Records Release in Connecticut Prisoners' Deaths (p 8)
• CMS Must Pay $1.75 Million in Illinois Jail Suicide by John E Dannenberg (p 10)
• Exculpatory Evidence Must Be Disclosed at Prison Disciplinary Hearing by David Reutter (p 12)
• From the Editor by Paul Wright (p 12)
• Wisconsin County Settles Negligent Death Claim for $1.2 Million (p 13)
• Pro Se Tips and Tactics: The Pro Se Complaint by Daniel E. Manville (p 14)
• California Prisons' Joint-Venture Program Under Statewide Court Injunction by John E Dannenberg (p 16)
• New York Prisoner Informant Awarded $7.65 Million In Failure-To-Protect Suit by Michael Rigby (p 17)
• California Parole Board Must Vacate Parole Denial And Give Lifer New Hearing by John E Dannenberg (p 18)
• Private Capitol Punishment: The Florida Model by David Reutter (p 19)
• Judge Barkett Dissents from Expansion of "In Custody" Meaning for PLRA purposes (p 20)
• New York City: Thousands Unnecessarily Imprisoned at Enormous cost (p 20)
• Washington Supreme Court Rejects Federal Mail-Box Rule (p 21)
• Washington Prison Labor Program Struck Down by Paul Wright (p 22)
• Guards Fornicate, Sell Drugs in Pennsylvania Jails (p 23)
• Vermont Auditor's Report Blasts CCA and CMS by David Reutter (p 24)
• Abuse, Torture and Rape Reported at Unlisted U.S.-Run Prisons in Iraq by Lisa Ashkenaz Croke (p 26)
• Iowa Sex Offender Residence Restrictions Unconstitutional (p 28)
• Untimely Grievances Satisfy PLRA; $70,000 Beating Verdict Upheld (p 29)
• California Lifer Parole Rescission Upheld On One Of Five Grounds Alleged; Federal Ex Post Facto Appeal Is Moot by John E Dannenberg (p 30)
• Illinois Appeals Court Reinstates Prisoner's Telephone Disconnect Suit (p 31)
• Nevada Prisoner Killed in Rec Yard Riot (p 32)
• Wisconsin District Court Reversed; PLRA Fee Limits Constitutional, Says Seventh Circuit (p 32)
• "Therapeutic Seclusion" of Civilly Committed Sex Offenders Contrary to Professional Judgment by David Reutter (p 33)
• BOP Fires Prison Guard Accused of Rape, Attempted Murder (p 34)
• New Jersey Vegetarian Meals Satisfy Halal Dietary Obligations by John E Dannenberg (p 34)
• Qualified Immunity Granted for Warrantless Parole Search (p 35)
• Hermaphroditic Wyoming Prisoner Awarded $1,000 for 14 Months in Solitary (p 36)
• New York Prison Officials Denied Qualified Immunity in Revoking Prisoner's Temporary Release (p 36)
• Florida's $4 Administrative Processing Fee for Prisoner Banking Fees Challenged by David Reutter (p 37)
• Punitive Transfer After Winning Administrative Appeal Is Actionable by John E Dannenberg (p 38)
• Arrestee Cannot Be Charged With Bringing Drugs Into Jail (p 39)
• International Red Cross Suspects U.S. Hiding Foreign Detainees (p 39)
• News in Brief (p 40)
• Seventh Circuit Invalidates Wisconsin News Clippings Ban (p 42)
• Prisoner Lawsuits Not Subject to Heightened Pleading Standard in Seventh Circuit (p 42)
• Jury's $108,000 Verdict in New York Prisoner's Medical Claim Vacated (p 43)
• Oklahoma Family Buries Wrong Man (p 44)

November

• A Death in Custody: Massachusetts DOC Wracked by Scandal by Peter Costanza (p 1)
• From the Editor by Paul Wright (p 8)
• $15 Million Class Settlement In Sacramento Jail Strip-Search Suits (p 9)
• Habeas Hints by Kent Russell (p 10)
• Wrongfully Convicted Pennsylvania Prisoner Settles for $2.3 Million; Forensics Expert Fired (p 12)
• Study Shows Boot Camps Are a Failure (p 12)
• Texas Court of Criminal Appeals Clarifies Law Crediting "Street Time" (p 13)
• Connecticut Settles Wrongful Death Lawsuit for $2.9 Million by Michael Rigby (p 14)
• Ohio Prisoners Not Entitled to Memory Typewriters (p 14)
• New York Prisoners Win Injury Awards, Lack of Expert Testimony Detrimental by Michael Rigby (p 15)
• Texas Prisoner's Retaliation Claim Survives Summary Judgment (p 16)
• Prison Town Legislators Represent Prisoners' Interests? Not Quite by Peter Wagner (p 16)
• $600,000 Settlement in California Prisoner Shooting Death by Marvin Mentor (p 17)
• Nevada Trust Account Interest, Less Accounting Costs, Belongs To Prisoners (p 18)
• Prisons, Profits and Prophets by Bill Berkowitz (p 20)
• Michigan Prison Art Project by Buzz Alexander (p 21)
• California Prisoner Trust Account Interest Recoverable Only Upon Proof Of Individual Loss (p 22)
• Indiana Jail Held in Contempt, Sanctions Imposed (p 22)
• Last Chance For Washington Prisoners To Request Postconviction DNA Testing is December 31, 2004 (p 23)
• Washington Police Kill Unarmed Escapee in Botched Raid; Prisoner Also Killed by Michael Rigby (p 24)
• Cowboy Justice: BOP Guards Convicted by Alan Pendergast (p 26)
• PLRA Fee Cap Upheld, Applied to Parole Case; Allows Fees-on-Fee Award by David Reutter (p 32)
• Fifth Circuit Affirms Termination of Guajardo (Texas Prison Mail) Suit (p 33)
• Challenge To Washington Felon Disenfranchisement Scheme Remanded For Racial Bias Test by John E Dannenberg (p 34)
• Class Action Challenges Treatment of Florida's "Sexual Predator" Civil Detainees by David Reutter (p 35)
• No Restraint, No Consequences: Privatizing Overseas Intelligence Extraction (p 36)
• Gates of Injustice - The Crisis in America's Prisons by Tom Murlowski (p 38)
• Wisconsin PLRA Fee-Limit Does Not Violate Equal Protection (p 39)
• Alaska Prisoners Cannot Challenge Conditions of Confinement Under State Post-Conviction Relief Statute by Roger Smith (p 40)
• Ohio County Juvenile Facility Not Immune from Suit in Rape Claim (p 40)
• News in Brief (p 41)
• Texas Prison Guard's Sentence for Rape Reinstated (p 44)

September

• Iraqi Dungeons and Torture Chambers Under New, American Trained Management by Leah Caldwell (p 1)
• $10,000 Awarded in Colorado Magazine Confiscation by Bob Williams (p 6)
• Former Ohio Parole Chief, Parole Attorney Alliance Raises Ethical Concerns by Michael Rigby (p 6)
• From the Editor by Paul Wright (p 8)
• Settlement Brings Alabama DOC's Diabetic Treatment into 21st Century by David Reutter (p 9)
• Pro Se Tips and Tactics by Daniel E. Manville (p 10)
• World Court Rules Against U.S. for Consular Notification Failures (p 12)
• California Private Prison Uprisings Kill 2, Injure 66 by Marvin Mentor (p 13)
• Report Faults Vermont Policies in Prisoner Deaths; Retaliation Precedes PLN Writer's Suicide by David Reutter (p 14)
• Captive Audience: Ohio Wants to Bring Prisoners to Jesus, the Law Be Damned by Kevin Hoffman (p 18)
• Four Prisoners Injured in Shooting at Washington D.C. Jail (p 21)
• The American Correctional Association  A Fraud on Texas Taxpayers by C.C. Simmons (p 22)
• BOP Good Time Credits Must Be Calculated Against Sentence, Not Pro-Rated to Time Served by John E Dannenberg (p 23)
• Ill-Equipped: U.S. Prisons and Offenders with Mental Illness by Tara Herivel (p 24)
• U.S. Supreme Court: ADA Title II Implicates Due Process Right of Physical Access To The Courts by John E Dannenberg (p 26)
• Texas Prisoners Have Right to Specific Notice of Mandatory Supervision Hearing (p 27)
• New York State Prisoner Awarded $30,000 for Work Related Injuries (p 28)
• Manipulation of Crime Statistics and Use of Tax Dollars for Campaigning Revealed by David Reutter (p 28)
• Austin, Texas, Settles Wrongful Conviction Suit for $9 Million (p 29)
• Idaho Incompetence Delays Prisoners' Release, Taxpayers Foot The Bill by Michael Rigby (p 30)
• California Prison Guard Union Scandal Goes Public by Woody Morgan (p 31)
• Supreme Court Justice Criticized Over No Recording Policy, Federal Agent's Actions (p 32)
• Prisoner Shot Dead by Guard in California Prison Riot (p 32)
• California Changes Policies for Prison Gangs and Security Housing Units by Charles F.A. Carbone (p 33)
• Survivors of Prisoner Killed in Texas County Jail Awarded $2,500,000 (p 34)
• Complaints Amended to Change John Doe Defendants' Names Don't Relate Back (p 34)
• Former Illinois Governor Indicted on Federal Charges (p 35)
• FTCA Claims for Sentence Miscalculation Accrues Upon Reversal; Statute of Limitations Tolled (p 35)
• $76,000 in Fees and Damages Awarded in Kansas Excessive Force Claim by Bob Williams (p 36)
• Washington Jail Trustees Entitled to L&I Benefits (p 38)
• Washington Jail Settles Conditions Lawsuit (p 38)
• Prison AIDS Cases, Deaths Increase; HIV Infections Decrease (p 39)
• Administrative Remedies Deemed Unavailable Based on Physical Injury by Bob Williams (p 39)
• Federal Halfway House Litigation by Todd Bussert (p 40)
• Prison Guards With Criminal Records Work in Texas Prison by Gary Hunter (p 41)
• News in Brief (p 42)

August

• The Complicity of Judges in Wrongful Convictions by Hans Sherrer (p 1)
• Washington Persistent Prison Misbehavior Statute Upheld (p 9)
• Exporting the American Way of Crime (p 10)
• From the Editor by Paul Wright (p 12)
• Federal DNA Statute Not Challengeable in Criminal Appeal (p 12)
• Texas Boot Camp Denied Immunity for Ignoring Serious Medical Needs (p 13)
• Habeas Hints by Kent A. Russell (p 14)
• Montana BMPs Are Cruel and Unusual Punishment by Mark Wilson (p 16)
• Illinois Appeals Court Overturns Warden's Reckless Homicide Convictions (p 18)
• Former Texas Prison Guard Awarded $275,000 in Race Discrimination Suit (p 18)
• Local Officials Tell Prisoners: "You don't live here" by Peter Wagner (p 19)
• CCA Medical Contract Doesn't Violate 8th Amendment (p 20)
• No Qualified Immunity for Florida Jail Guards in Prisoner Murder (p 20)
• New Jersey Civil Commitment Hearings Secret, Biased by Michael Rigby (p 21)
• Rape of Women Prisoners Rampant in Ohio by Michael Rigby (p 22)
• Facts Contained in Administrative Remedies Not Automatically Deemed Facts Alleged in Complaints (p 23)
• California Prison Guards Organize to Sue Assaultive Prisoners (p 24)
• Executions Rose in 2002; Texas Led in Number of Deaths (p 24)
• No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints (p 26)
• Florida's Felon Disenfranchisement Law Under Spotlight by David Reutter (p 27)
• California Guard's Obscene Behavior Towards Prisoner Is Actionable by Marvin Mentor (p 28)
• California No-Parole-Policy Suits For Damages And Injunctive Relief Fail by John E Dannenberg (p 28)
• Denial of Dentures States Eighth Amendment Claim (p 29)
• Ohio Supreme Court Holds Some Sex Predators Not Required to Register (p 30)
• Permanent Injunction Against California Book Ordering Restrictions Affirmed by John E Dannenberg (p 30)
• Georgia Sheriff as "Arm of the State" Entitled to Eleventh Amendment Immunity by Bob Williams (p 31)
• Washington Court Establishes Procedures for Community Placement Violation Hearings (p 32)
• Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion by John E Dannenberg (p 33)
• Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation (p 34)
• Mailbox Rule Applied To Administrative Forfeiture Proceeding by Bob Williams (p 35)
• Mentally Ill Texas Prisoner Not Entitled to Hepatitis Treatment (p 36)
• California Credit Restoration Denial Ruled Ex Post Facto by John E Dannenberg (p 36)
• Tennessee: Staph Outbreak, Delayed Treatment, Death Highlight Prison Healthcare Problems by Michael Rigby (p 37)
• Two Courts Interpret Provisions of Federal Appellate Rule 4; Prisoner Appeals Dismissed as Untimely (p 38)
• 2004 Supplement to the California State Prisoners Handbook by John E Dannenberg (p 38)
• No Qualified Immunity in Jail Suicide Attempt (p 39)
• PLRA Indigency Provision Inapplicable When Filing Fee Paid (p 39)
• Intentional Delay to Prevent Prisoner's Suicide Precludes Qualified Immunity (p 40)
• Washington Agencies Must Explain Reasons for Denying Public Disclosure Requests (p 40)
• News in Brief (p 42)
• Virginia SCC Without Jurisdiction to Hear Prisoner Phone Rate Challenge (p 44)

July

• Abu Ghraib, USA by Anne-Marie Cusac (p 1)
• From the Editor by Paul Wright (p 6)
• Thirty Three Years after Attica: Many more Blacks in prison, but not as guards by Peter Wagner (p 7)
• Washington DOC Fined $60,000 for Bogus Water Pollution Reports (p 7)
• Is It Criminal to Be a Muslim Civilian or Military Prison Chaplain? (p 8)
• Supreme Court Holds Guantanamo Detainees Can Challenge Detention (p 9)
• Virginia Prison Drives Women to Depression and Suicide by Gary Hunter (p 10)
• California Agrees to Provide Kosher Prison Diet Program by John E Dannenberg (p 11)
• Tennessee Prison Audit Blasts DOC, CCA and CMS by Michael Rigby (p 12)
• Oklahoma Man Misidentified as Pedophile Awarded $3.7 Million by Michael Rigby (p 13)
• Overcrowding Forces Alabama Prisoners Into Private Prison Web by Gary Hunter (p 14)
• Arizona Prisoners Seize Tower; State Officials Point Fingers by Michael Rigby (p 16)
• BJS Looks at Probation, Parole in 2002 (p 17)
• Texas Jury Awards BOP Prisoner $4 Million for Rape by Guard by Alex Coolman (p 18)
• $3 Million in Settlements for Wrongful Illinois Convictions (p 18)
• Record Number of "Lifers" Now in U.S. Prisons (p 19)
• Florida Jail Pays Prisoner's Family $2.5 Million in Methadone Withdrawal Death (p 20)
• BJS Finds Low Recidivism among Released Sex Offenders (p 20)
• New York Prisoner Awarded $800,000 for Undiagnosed, Untreated Throat Cancer (p 21)
• Arizona Prison Director Has Poor Track Record by Michael Rigby (p 22)
• $1.5 Million Verdict in NYC Jail Medical Malpractice Death (p 22)
• Private Probation Companies Prove Corrupt in Tennessee by Gary Hunter (p 23)
• Controversy and Lawsuits Surround South Texas Private Prison Deals (p 24)
• Warden Sentenced for Stealing Dali Painting From Rikers Island Jail (p 25)
• California Class Action Lawsuit Targets Unauthorized Prison Phone Charges (p 26)
• Court Vacates Connecticut Jury Award of $30,000 for Failure to Exhaust Administrative Remedies by David Reutter (p 26)
• Wisconsin Contract for Faith-Based Program Does Not Violate First Amendment by Bob Williams (p 27)
• Washington State Prison Continues To Pollute Local Environment Despite Repeated Citations by John E Dannenberg (p 28)
• Michigan Supreme Court Allows Seizure of Prisoner's Pension Despite ERISA (p 30)
• Failure to Treat Transsexual for Self-Mutilation States Claim (p 31)
• Section 1983 Complaint Dismissed as Mixed Petition, But Amendment Allowed (p 31)
• Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality (p 32)
• Oklahoma "Civil Death" Statute Does Not Preclude Prisoner Tort Actions (p 32)
• No PLRA Fee Cap When Injunctive Relief Obtained by John E Dannenberg (p 33)
• Sanctions Against Ohio Paralegal Firm Upheld (p 34)
• Qualified Immunity Test Hinges Upon SHU Sentence Imposed, Not SHU Time Served (p 34)
• Oregon Trial in Prison Did Not Violate Constitution (p 35)
• California Sex Offender Prison Classification Label Approved for Dismissed Charge by John E Dannenberg (p 36)
• Interest on Legal Financial Obligations Not Dischargeable in Bankruptcy (p 36)
• No Qualified Immunity in Civil Commitment Phone Monitoring (p 37)
• Prisoner Allowed to Amend Retaliation, Legal Mail Complaint (p 37)
• District of Columbia May Be Liable for Prisoner's Inadequate Medical Care (p 38)
• Challenge to State Parole Revocations Must Be Brought Under § 2254 (p 38)
• Ninth Circuit Dismisses California's Motion To Exclude Female Prisoners From Medical Suit by John E Dannenberg (p 39)
• Fifth Circuit Vacates $70,000 Award Against Texas Prison Officials by Michael Rigby (p 40)
• Florida Prisoner Awarded Costs in Successful Records Request Litigation by David Reutter (p 40)
• No Summary Judgment for Ohio Guards Who Used Excessive Force, Case Loses At Trial (p 41)
• News in Brief (p 42)
• Michigan Grievances Exhausted Upon Fair Notice of Claim (p 44)

June

• Welcome to Guantanamo World by Tom Engelhardt (p 1)
• Ex Con "Helps Police" by Trying to Murder Sex Offenders by Gary Hunter (p 7)
• Law-and-Order Former Texas Attorney General Lands in Federal Prison (p 8)
• From the Editor by Paul Wright (p 10)
• Court Continues Oversight and Orders Corrections in Georgia Jail by David Reutter (p 10)
• $450,000 Settlement in California Prison Murder Suit (p 11)
• California's Proposition 36 Parole Violator Drug Treatment Program Covers Probation Violators by John E Dannenberg (p 11)
• Pro Se Tips and Tactics by John Midgley (p 12)
• Florida's Incarceration Cost Recovery Statute Constitutional (p 13)
• Federal Supermax Terrorist's New Home and Bargaining Chip; $1 Million Cells Planned by Bob Williams (p 14)
• Wackenhut Changes Name to Geo Group, Politics Remain the Same by Michael Rigby (p 16)
• 2000 Census of Prisons, Prison Populations Published (p 17)
• The Inmate's Guide to Prison Health Care by John E Dannenberg (p 18)
• $22 Million Washington Parole Liability Verdict Affirmed, Review Granted by State Supreme Court (p 18)
• Videotapes Prove Abuse of 9/11 Detainees by Federal Guards (p 19)
• Nebraska Prisoners Win Summary Judgment on Phone Access and Monitoring Issues (p 20)
• Suits in Michigan and New Jersey Seek to Force HCV Treatment (p 20)
• U. S. Supreme Court Rules Consent Decrees May Be Enforced (p 21)
• Capitalist Punishment: Prison Privatization & Human Rights by Mark Wilson (p 22)
• California's Budget Secret: Prisoners Form Core of Forest Fire Fighting Army by Peter Wagner (p 22)
• New York Prisoner Awarded $335,000 for Non-Treatment of Fistula (p 23)
• Amended Pennsylvania Parole Statute Ruled Ex Post Facto; Third Circuit Orders Release on Parole by John E Dannenberg (p 24)
• Jury Finds for Corcoran Guards in Prisoner Rape Suit by Paige Welch (p 25)
• $1.4 Million Awarded in Kansas Prisoner Death (p 26)
• Actual Damages Required to Maintain Suit Under Federal Privacy Act (p 26)
• $135,000 Paid in New York Jail Sexual Harassment Settlement (p 27)
• Missouri Guards Liable for Refusing Prisoner's Seatbelt Request by John E Dannenberg (p 27)
• $1.5 Million Illinois Prison Rape Verdict Overturned (p 28)
• Indictment Dismissed for Failure to Comply with Interstate Agreement on Detainers (p 29)
• Pro Se Indiana Prisoner Awarded $100,000 in Failure to Protect Suit (p 30)
• Illinois Segregation Brutality Suit Fails Because Injury Was De Minimis by John E Dannenberg (p 30)
• Jury Awards Maryland Prison Guard $1.6 Million for Discrimination by Michael Rigby (p 31)
• Do New York Shiite Prisoners Have a Right to Separate Services? (p 31)
• Ninth Circuit Affirms California Parole Denial Based On "Some Evidence" by John E Dannenberg (p 32)
• California Prisoner Not Earning Wages Is Denied Workers' Comp by John E Dannenberg (p 32)
• D.C. Prisoners Serving Life Sentences Have No Right to Earn Good Time Credits on Maximum Terms (p 33)
• California Pays $1.25 Million for Woman Crushed by State Prison Bus (p 33)
• Unearned Good Time Credits May Not Be Withheld as Disciplinary Sanction by Bob Williams (p 34)
• County Must Disclose Detention Center Settlement to Newspaper by Bob Williams (p 34)
• Preliminary Injunction Automatically Expired in 90 Days for Alabama Women Prisoners by Bob Williams (p 35)
• Pauper's Declaration Sufficient for Cost Bond in Texas Medical Malpractice Suit (p 35)
• Administrative Hearings and Judicial Reviews Mandated for Sex Offender Classifications Without Current Felony Conviction. by Bob Williams (p 36)
• RFRA May Protect Federal Prisoners' Right to Cast Spells (p 36)
• Capello Decision Remains Good Law (p 37)
• Injunctive Relief Granted for Parole Rescission Based on Free Speech (p 37)
• Kansas Trial Courts Have Latitude in Setting Restitution Payments (p 38)
• Consent Decree Entered in Unconstitutional BOP Parole Revocation Procedures by Bob Williams (p 38)
• Notice Required in Texas Parole Date Rescission (p 38)
• Plaintiff Entitled to Trial on Question of Whether Mental Illness Warrants Tolling Statute of Limitations (p 39)
• Qualified Immunity Appeal Deemed Frivolous; California Pays Beaten Prisoner $149,500 (p 39)
• Kansas Good Time Regulations Enacted After Prisoner's Crime May Not Be Applied Retroactively (p 40)
• Arkansas Work Release Prisoner Entitled to Unemployment Benefits (p 40)
• PLRA Only Requires Exhaustion of Applicable Remedies (p 40)
• Los Angeles County Pays $2.75 Million for Illegal Strip Searches by John E Dannenberg (p 41)
• BJS Says 1 in 15 Adults Will Go to Prison (p 41)
• News in Brief (p 42)
• Common Fund Required for Incentive Award (p 44)

May

• Prisons Nationwide Fail to Treat HCV Epidemic by John E Dannenberg (p 1)
• BOP Doctor Indicted, Pleads Guilty to Sexual Assault by Bob Williams (p 6)
• From the Editor by Paul Wright (p 6)
• $50,000 HCV Settlement and New Treatment Protocol Approved in Colorado by Bob Williams (p 7)
• Colorado Slammed by West Nile Virus But Ignores Prisoners by Bob Williams (p 8)
• Denial of Grievance Forms Excuses Failure to Exhaust (p 9)
• Florida Work Release Prisoners Ripped Off by Private Transport Company by David Reutter (p 10)
• Excessive Heat Still Plagues Baltimore Women Detainees by Bob Williams (p 11)
• Third-Party Beneficiaries Can Enforce Terms of Settlement by Bob Williams (p 12)
• Another Troubled North Carolina Jail by Michael Rigby (p 12)
• Virginia Legislature Awards Wrongfully Convicted Man $1.5 Million (p 13)
• $13,500 Damages Paid to Two Illegally Detained Washington DOC Prisoners (p 13)
• PLRA Physical Injury Rule Applied to Non-Prison Case (p 14)
• Mandamus Available to Review Oregon Disciplinary Orders (p 14)
• Missed HIV Medication Did Not Create a Serious Medical Need (p 15)
• Washington Medical Claim Reinstated (p 16)
• California Rules Violation for "Repeated Pattern" Must Involve Same Offense (p 16)
• Private Settlement Agreement Prohibits Award of Attorney Fees and Costs by David Reutter (p 17)
• Physical Injury Rule Doesn't Bar Strip Search Suit (p 18)
• County Public Defender Liable for Wrongful Conviction (p 18)
• Local Rule Cannot Justify Summary Judgment When Factual Dispute Exists by David Reutter (p 19)
• Beating Judgment for Jail Affirmed on Appeal; Costs Issue Remanded (p 20)
• PHS Liable for Denying Insulin to Diabetic New Jersey Jail Prisoner (p 20)
• New Jersey Prisoners May Confront Accusers in Disciplinary Hearings by Michael Rigby (p 21)
• Two Level Review Required for Publication Rejection, but Qualified Immunity Granted (p 22)
• New Jersey Supreme Court Upholds $1.6 Million Harassment Verdict (p 22)
• BOP Rule Denying Early Release Eligibility Violates APA (p 23)
• Certification for Interlocutory Appeal Order Discussed in California Prison Labor Suit (p 24)
• Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused (p 24)
• No Ex Post Facto Violation in Forcing Washington Prisoner to Take Stress and Anger Classes (p 25)
• New Trial Ordered in Washington Strip Cell Conditions Suit (p 26)
• Pretrial Detainee Has Limited Right to Litigate Civil Matters (p 26)
• Applicability of FTCA to BOP Causes Circuit Split by David Reutter (p 27)
• $15 Million Award for Wrongful Conviction Upheld (p 28)
• Absence of AEDPA in Texas Law Library May Toll Limitations (p 28)
• NYPD Commissioner Charged With Stealing $112,733.98 from Jail Prisoner Fund (p 29)
• Dismissal Sanction for Prisoner's Refusal to Be Deposed Without Court Order Reversed (p 30)
• Kansas Grievance Procedures Inapplicable in Negligence Action (p 30)
• Illinois County Necessary Party in Suit Against Elected Official (p 31)
• Confinement for Willful Failure to Pay LFOs Upheld (p 31)
• No Crueler Tyrannies: Accusation, False Witnesses, and Other Tyrannies of Our Times by Robert Woodman (p 32)
• Texas Monitors Prisoners for-Signs of Al-Qaeda Recruitment (p 32)
• Virginia Prison Vendors Lose Contracts to Out-of-State Supplier by Gary Hunter (p 33)
• BOP Medical Detainees Not Subject to PLRA (p 33)
• Jailhouse Snitch Enlisted in War on Terrorism Behind Bars by Bob Williams (p 34)
• Innocent Ohio Man Paid $750,000 for 10 Years Imprisonment (p 35)
• Tennessee Officials Pay $450,000 to Settle Lawsuit in Detainee's Murder by Guards by David Reutter (p 35)
• Texas Probation Officer Charged With Having Juvenile Probationer's Baby by Gary Hunter (p 36)
• $252,000 Awarded in Kansas Prisoner's Suicide (p 36)
• Ohio Native American Prisoner Granted Injunction to Grow Long Hair by David Reutter (p 37)
• Dismissal of Prisoner's Divorce Petition Is Abuse of Discretion (p 37)
• DOJ Investigation: Conditions in Arkansas Prisons Unconstitutional by Michael Rigby (p 38)
• Washington Prisoners Get Credit for Time Spent at Liberty (p 39)
• California's New Governor Must Reconsider Former Governor's Parole Reversal by John E Dannenberg (p 40)
• Tennessee Supreme Court Holds No Procedural Protection Needed for $5 Fine (p 40)
• Washington Failure to Disclose Prison-Phone-Rate Suit Dismissed, State Supreme Court Grants Review by Sam Rutherford (p 41)
• Indiana Appeals Court Allows Prisoner to Sue to Receive Pornography (p 41)
• News in Brief (p 42)
• Minnesota Pay-To-Stay Programs Don't Deliver (p 44)
• Former Military Police Officer Jailed for 17 Yrs Describes Routine Mistreatment and Brutality in U.S. Prisons

April

• Jails for Jesus by Samantha M. Shapiro (p 1)
• City Immune in California Drunk Tank Beating Suit Because Prisoner Was Criminal, Not Civil Detainee (p 5)
• Kansas Gift Subscription Ban Rejected by State Court But Upheld By Federal Court by John E Dannenberg (p 6)
• From the Editor by Paul Wright (p 8)
• Alabama Restores Voting Rights to Some Ex-Prisoners (p 9)
• Another Death in a Wisconsin Prison by Gary Hunter (p 10)
• PLRA Fee Payments Cease Upon Release from Prison (p 11)
• Thirty-Two Years of Resistance: Free the Angola Three! by Shana Griffin (p 12)
• Thirty Years in Segregation May State Claim by Michael Rigby (p 14)
• Prison Nation Wins Human Rights Award (p 15)
• First Circuit Holds ADA Title II Abrogated State Sovereign Immunity by Bob Williams (p 15)
• BOP, FBI Investigations in Texas, Oregon, Arizona, and California Federal Prisons by Michael Rigby (p 16)
• Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983 (p 17)
• Disarray in Colorado: Prisoners Hurt by Host of Problems by Bob Williams (p 18)
• $475,000 Settlement for Wrongly Convicted Indiana Ex-Con (p 20)
• Eighteen Indicted for Drug Smuggling and Weapons Possession Inside Puerto Rican Prisons by Lonnie Burton (p 20)
• Brooklyn MDC Guard Pleads Guilty to Raping Prisoner (p 21)
• The Soft Cage: Surveillance in America, From Slave Passes to the War on Terror by Scott Christianson (p 22)
• New York Prisoner Awarded $435,000 in Tire Accident (p 22)
• Asset Forfeiture Defense Manual by John E Dannenberg (p 23)
• California Parole Violators' Due Process Rights Upheld in Settlement (p 24)
• Former Warden and Two Jailers Sentenced for Philadelphia Jail Beating (p 25)
• Mississippi Death Row Conditions Unconstitutional; Sweeping Reforms Ordered by Bob Williams (p 26)
• Constitutional Amendment Effort Launched to Bar Florida's Prison Privatization by David Reutter (p 28)
• Canadian Prisoner Dies After Drinking Drug-Laced Vomit, Others Charged by Michael Rigby (p 28)
• Permanent Injunction Requires Full HCV Retreatment for Florida Prisoner by John E Dannenberg (p 29)
• Disabled Missouri Prisoner Awarded Backpay after Passing GED Test (p 30)
• Brief Statement of Operative Facts Satisfies Texas Pleading Requirement (p 30)
• Jail Rape Results in Reduced Sentence (p 31)
• Texas Prisoners Have Right to Judicial Review of Administrative Finding (p 31)
• Court Questions Federal Assault Conviction on Private Prison Guard (p 32)
• A Culture of Prosecutorial Misconduct by Peter Schmidt (p 32)
• California Presentencing Credits Upheld For Jail Time in Another County by John E Dannenberg (p 33)
• Blind Prisoner Must Exhaust Administrative Remedies (p 33)
• Impeding Grievance Exhaustion May Violate Access to Courts (p 34)
• § 1983 Disciplinary Challenge Available to Parolee Because Habeas Would Be Moot by John E Dannenberg (p 35)
• Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process (p 36)
• Virginia Drug Treatment Program Still Violates Establishment Clause (p 37)
• Washington DOC/King County Settles Negligent Supervision Case for $3.1 Million (p 38)
• $108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E Dannenberg (p 38)
• Supplemental Parole Violation Warrant Filed After Sentence Expiration Illegal (p 39)
• Fighting for Fair Phone Rates by Deborah M Golden (p 39)
• California Initial Cell Assignments By Race Upheld, U.S. Supreme Court Grants Review by John E Dannenberg (p 40)
• County May Be Liable for Private Prison's Customs and Policies by Bob Williams (p 41)
• Wisconsin Pro Se Co-Plaintiffs Must Maintain Separate § 1983 Actions (p 41)
• News in Brief (p 42)
• Prior To Reversal And Reconviction, California Prison Credits, Not Jail Credits, Apply (p 43)
• Prison Mailbox Rule Applies to Civil Rights Complaint by Jon Michael Withrow (p 44)

March

• Prison Rape Elimination Act of 2003 Signed into Law; Commission to Be Formed Soon by Paige Welch (p 6)
• CCA Closes Oklahoma Prison, Settles Tax Lawsuit Over Ohio Prison by Michael Rigby (p 14)

February

• Cornell Company - The Prison Industry's Enron by Gary Hunter (p 1)
• Justification for California Prisoner Shooting Death Disputed (p 8)
• From the Editor by Paul Wright (p 8)
• $40.1 Million Verdict Against CSC in Texas Prisoner's Medical Neglect Death by John E Dannenberg (p 9)
• Escaped New Hampshire Prisoners Caught Camping by Gary Hunter (p 10)
• Feces Flinging Prisoners Receiving Lengthy Sentences (p 11)
• Work-time Credits Commence Jan. 1, 2004, in California Reception Centers (p 11)
• Chicago's Brutal Jail Guards (p 12)
• PLN Sues Bureau of Prisons Over ADX Censorship (p 15)
• When Incarcerated Parents Lose Contact With Their Children by Denise Johnston (p 16)
• California Has Difficulty Placing First Released Sexually Violent Predator (p 18)
• Book Review: The Disciplinary Self-Help Litigation Manual: A Guided Tour of Wonderland by Stuart G. Friedman (p 19)
• Prisoners and Guards Charged With Murder as Drugs and Brutality Plague State Prisons (p 20)
• California DOC Under Fire For Ex-Con Job Placements by Lonnie Burton (p 22)
• $177,000 Awarded in California Jail Medical Neglect Trial by John E Dannenberg (p 23)
• Palestinian Child Political Prisoners Detained by Israel by Catherine Cook (p 24)
• Washington Sex Offenders' Release Plans Must Be Processed (p 26)
• $850,000 Settlement in LA County Jail Failure to Medicate Wrongful Death (p 26)
• PLN Sues Florida DOC Over Censorship and Writer Punishment (p 27)
• CCA Abuse Goes Unpunished at New Jersey INS Detention Center by Mark Dow (p 28)
• Montana Supreme Court Denies Hepatitis-C Treatment (p 29)
• Nassau County NY Settles Prisoner's Beating Death Suit for $7.75 Million (p 30)
• Virginia Downsizing Overbuilt Supermaxes (p 31)
• Court Mail Is Legal Mail; Damages and Fees Upheld in Legal Mail Opening by Daniel E. Manville (p 32)
• Book Review: Inner Lives: Voices of African American Women in Prison by Silja JA Talvi (p 33)
• Exceeding Doctor's Work Limit Order Actionable Under Eighth Amendment (p 34)
• Missouri Jail Guard Convicted of Urinating on Prisoners, County Settles for $100,000 (p 34)
• News in Brief (p 35)
• $900,000 Settlement in California Alcoholic's Jail Death From "DTs" (p 36)

January

• Prison Labor Fuels American War Machine by Ian Urbina (p 1)
• Verdict, Damages in Ohio Prisoner Disciplinary Case Reversed on Appeal (p 4)
• James Quigley November 9, 1950-October 7, 2003 by Paul Wright (p 6)
• From the Editor by Paul Wright (p 6)
• Two of Three Hawaii, Parole Board Members Resign, Shutting Board Down (p 7)
• CCA Packs Positions With High-Profile Politicians by Michael Rigby (p 7)
• Invisible Punishment: The Collateral Consequences of Mass Imprisonment by Silja JA Talvi (p 8)
• $250,000 Settlement Paid to Seattle Jail Guard Assaulted by Released Prisoner (p 9)
• Death at North Carolina Lock Up Spotlights Troubled Jail System by Michael Rigby (p 10)
• Santa Fe Guards Rape Prisoners, Neglect Kills Another by Gary Hunter (p 12)
• Massachusetts Jail Guards Assault Mentally Disabled Prisoner by Michael Rigby (p 13)
• New Iowa Law Creates Sex Offender Residency Zones (p 14)
• No Presumption of Collateral Consequences from California Disciplinary Proceeding by John E Dannenberg (p 15)
• Seventh Circuit Remands § 1983 Medical Negligence Suit to State Court (p 16)
• Private Transport Company Settles Female Prisoner's Sexual Assault Suit (p 16)
• Kickbacks Dominate Fresno Jail Contracts by Gary Hunter (p 17)
• California Habeas Handbook, 4th Edition by John E Dannenberg (p 18)
• Frivolous Litigator Must Prepay Appellate Filing Fees (p 18)
• $25,000 Awarded to Former New York Prisoner in Medical Malpractice Suit by Lonnie Burton (p 19)
• Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim by John E Dannenberg (p 20)
• Pool Cue Not a Weapon, Says Second Circuit (p 20)
• Sentences Upheld for TransCor Driver Who Raped and Terrorized Prisoners (p 21)
• New Hampshire Prison Commissary Surcharge Ruled an Illegal Tax by John E Dannenberg (p 22)
• Maryland Detainee Chained to Pole Awarded Damages, but No Fees (p 22)
• Ohio Warrantless Arrestees Must Be Arraigned Within 48 Hours of Arrest (p 23)
• First Circuit Applies Mailbox Rule to § 1983 Complaints (p 24)
• Diet of Raw Cabbage and Food Loaf States Eighth Amendment Claim (p 25)
• Massachusetts Constitution Entitles Prisoners to Wear Kufi Caps (p 25)
• Successive Petition Habeas Rule in Parole and Disciplinary Cases (p 26)
• Bond Fees State Eighth Amendment Claim (p 26)
• Oregon Prisoner Stated Negligence Claim Concerning Lost Property (p 27)
• Use of Pepper Spray States Eighth Amendment Claim (p 27)
• Immunity Granted to Wisconsin Sex Offenders in Treatment (p 28)
• Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus (p 28)
• Alabama Highway Labor Kills Three Prisoners, Three More Injured (p 29)
• County Liable for Sheriff's Failure to Remove Invalid Warrant From Computer (p 29)
• Supreme Court Upholds Federal Tolling Statute; $80,000 Verdict Reinstated (p 30)
• Wisconsin Prisoners' Riot Charges Expunged From Records (p 30)
• $124,000 Awarded in New York Prison Bus Crash (p 31)
• U.S. Parole Law Amendment Ruled Ex Post Facto as Applied by John E Dannenberg (p 31)
• Qualified Immunity Standards Tightened in Prison Murder Suit by John E Dannenberg (p 32)
• Administrative Exhaustion Required in Pre-PLRA BOP Phone Suit (p 33)
• No Constitutional Right to Privacy for Naked Woman Arrestee (p 33)
• News in Brief (p 34)
• Evidentiary Hearing Required to Determine Communion Service Frequency (p 36)