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Archive: 2005

December

• Privatized Medical Services in Delaware Kill and Maim by David Reutter (p 1)
• Washington State Supreme Court Grants PLN Public Disclosure of Washington DOC Medical Malpractice Re (p 10)
• PLN Sues Bureau of Prisons for Lawsuit Information (p 11)
• From the Editor by Paul Wright (p 12)
• Mexican Prisons in Crisis: Cartels Murder Prisoners and Guards (p 13)
• Excessive Force Claim Nets $3,200 in Attorney's Fees; $1,000 in Damages (p 15)
• Los Angeles County Settles Two Jail Medical Malpractice Wrongful Death Suits For $325,000 (p 16)
• Guards Flee Texas Prisons After Overtime Eliminated by Michael Rigby (p 16)
• Supreme Court Justice Clarence Thomas Accepts (p 17)
• 28 Die in Philippines Jail Uprising (p 18)
• New York Prisoner Assaulted By Guard Awarded $4,200 (p 18)
• 28 Die in Philippines Jail Uprising (p 18)
• Disclosure of Washington State Prisoner Phone RatesDisclosure of Washington State Prisoner Phone Rates Stymied by the Courts (p 19)
• Colorado DOC's Medical Oversight Found Remiss by G.A. Bowers (p 20)
• $820,000 Damages Upheld Against NY Jailer Who (p 21)
• Virginia Governor Warner Restores Felons' Voting Rights, Ignites Controversy (p 22)
• Remedial Plan And $427,158 Attorney Fees In Wyoming Failure to Protect Suit by John E Dannenberg (p 23)
• $200,000 Failure-To-Medicate Award Granted to California (p 24)
• Louisiana's 2002 Exhaustion Requirement (Act 89) Not Retroactive (p 24)
• PLN Sues The Geo Group for Public Records (p 25)
• Michigan Jail Settles Unreasonable Use of Force Case for $130,000 by Amanda Hickman (p 26)
• Ban on Separatist Religious Publication (p 26)
• California Youth Prison Superintendent (p 27)
• Florida Awards Contracts Putting Sex Offenders on GPS Supervision; Other States to Follow (p 28)
• Controversial Ex-Prison Official Lane McCotter Appointed Utah J.P. (p 29)
• Politics Keeps Arizona Clemency Approvals Rare (p 30)
• Wrongfully Convicted Kentucky Man Wins $590,000 Judgment Against Defense Attorney (p 31)
• Fourth Circuit Holds Claims Value Relevant to Frivolous Determination (p 32)
• 85 Year-Old California Prison Doctor Wins $20 Million For Age Discrimination (p 32)
• 2006 Certain Days: Freedom for Political Prisoners Calendar (p 33)
• Florida Violates Sex Offenders for Possessing Common Men's Magazines (p 33)
• "Actual Innocence" Rule Inapplicable to Breach of Contract by Lawyer (p 34)
• Louisiana Prisoners Obscenity Conviction for Masturbation Vacated (p 34)
• California Tort Claim Dismissed For Failure to Fully (p 35)
• Georgia Prison Warden Proper Defendant In § 1983, ADA Suit (p 36)
• No Qualified Immunity from 57-Day Illegal Confinement (p 37)
• Court May Infer Deliberate Indifference from Obviousness of Risk (p 38)
• PLRA Exhaustion Requirement Has (p 38)
• Washington S.Ct. Upholds Persistent Prison Misbehavior Statute (p 39)
• Seventh Circuit Upholds $56.5 Million Jail Murder Verdict (p 40)
• Seventh Circuit Reverses Dismissal of Retaliation Claim (p 40)
• Dismissal of §1983 Complaint Against Ohio CCA Prison Reversed (p 41)
• News in Brief (p 42)
• Former California Warden Allegedly (p 44)

November

• Prison Design Boycott a Challenge to the Professional Business of Incarceration by Raphael Sperry (p 1)
• North Carolina Prosecutors Reprimanded For Intentionally Withholding Crucial Exculpatory Evidence in (p 8)
• Parole for Women in California: Promise or Pathos by Corey Weinstein (p 10)
• From the Editor (p 12)
• California Prison Gang Linked to Guards and Mexican Drug Cartel (p 13)
• CIA Private Jet Takes Prisoners on Torture Trips (p 14)
• Connecticut: Rash of Prisoner Suicides Prompt Questions, Concerns (p 15)
• Rising Deaths and Violence Among Problems In Illinois Prisons, Jails (p 16)
• Jail Policy Barring Abortion Without Court Order Upheld (p 17)
• Oklahoma Prisons Suffer Crisis of Violence and Mismanagement (p 18)
• Overturned Conviction Nets Baltimore Man $1.4 Million (p 19)
• Federal Prison Problematic For Texas Officials by Michael Rigby (p 20)
• Tulia Undercover Deputy Tom Coleman Convicted of Perjury by Hans Sherrer (p 21)
• Los Angeles County Pays $125,000 In Medical Negligence Juvenile Camp Death (p 22)
• Procedural Default In Exhausting State Administrative Remedies Held Not A Bar To Bringing § 1983 Act (p 22)
• Escaped Murderer Found Eleven Years Later (p 23)
• Pro Se Tips and Tactics: Three-Strikes and No More by Daniel E. Manville (p 24)
• Supreme Court Holds Penalty Phase (p 27)
• Fired, Tattooed, Nude-Posing Guard Settles with Maryland DOC for $10,000 (p 28)
• PLN Loses Florida Writer Pay Ban/Censorship by David Reutter (p 29)
• Higher Property Tax Collections Permit 25% Growth Of Los Angeles County Jail Capacity (p 30)
• Mississippi Juvenile Legal Access Class Action Settled (p 30)
• Maryland Prisons MisCalculate Half of All Prisoner Release Dates (p 31)
• $97,000 in Damages and Fees Awarded in Arkansas Over Detention Suit (p 32)
• New York City Settles Wrongful Imprisonment Suit For $1 Million (p 32)
• New York Prisoner Awarded $195,000 for Hand, Knee Injury (p 33)
• New York Employees Families Settle Attica Riot Claims for $12 Million (p 33)
• Virginia Federal Court: Over 47 Hours in (p 34)
• BJS Report Reveals Rising Imprisonment Rates, Trends In 2003 (p 35)
• SABER's Sexual History Disclosure Requirement Violates Fifth Amendment (p 36)
• Accounting Errors Plagued California Criminal Justice Agency (p 36)
• Jail Prisoner Strangles Psychiatrist; Jury Awards $2.6 Million (p 37)
• PLRA Limits Prisoner's Attorney Fees Incurred Defending (p 38)
• Mass Parole Re-Hearings in Tennessee Following AG Opinion by Alex Friedmann (p 39)
• Seventh Circuit Reverses Dismissal of BOP Medical Neglect Case; (p 40)
• News in Brief: (p 41)
• U.S. Corrections Corporation Stock Suit (p 41)
• 133 Prisoners Killed in Dominican Republic Prison Fire (p 44)

October

• California Restitution Fine Collection Rate Raised to 33%
• Washington DOC Seizure from Prisoner Savings Fund Policy Upheld
• No Qualified Immunity for Michigan Prison Warden in Guard's Murder
• Certain Blood for Uncertain Reasons: Reinstating Capital Punishment in Vermont
• Lives (and Votes) Lost by Elizabeth Weill-Greenberg
• Sexual and Physical Abuse at Florida Girl's Prison Under Investigation
• Modern Slavery In North Carolina: Another Peculiar Institution (p 1)
• Indigent Montana Detainee Entitled to Jail Good Time Credit
• Beyond the God Pod by Silja da Talvi
• North Carolina Prosecutors Reprimanded For Intentionally Withholding Crucial Exculpatory Evidence in Capital Case
• $80,000 Punitives Awarded against Sex Offending Canadian Guard
• California Auditor: Prison Industries Loses Money and Fails to Demonstrate Rehabilitative Success
• Washington DOC May Not Conduct Rehearing of Infraction Being Challenged in Collateral Attack
• Prior Sex Offense Plea Qualifies For California Sexually Violent Predator Civil Commitment
• $175,000 Award in Chicago Jail Failure to Protect Case
• Guard's Liability Unaffected by NY Prisoner's Guilty Plea in Excessive Force Claim; $38,000 in Damages Awarded, Plus Fees
• UK Whistle Blowing Prison Guard Awarded £477,000
• Federal Forfeiture Motions are Civil, Subject to PLRA
• No Liberty Interest in Judicially Ordered Work Release
• News in Brief:
• Forced Catheterization of Arrestee for Drug Test Upheld
• Class Certification Discussed in Beach Fee Suit
• UK Prisoners Awarded Nearly 1 Million Pounds
• FL Work Releasee's Reporting to Work Late Doesn't Amount to Escape
• Washington: County Pre-Trial Services Blew $400,000 In 2003
• Many U.S. Prisoners Give Birth In Chains by Michael Rigby
• Court Allows Amendment, Adding New Defendants to Brutality Suit
• New Zealand Court of Appeals Upholds Prisoner's Conditions-of-Confinement Award
• Private Prison Contractor Donates $10,000 to Governor's Fund; Gets $20 Million California Contract Two Months Later
• Florida Juvenile Justice: Check Private "Employee's" Records? What a Concept
• Seventh Circuit Reverses Indemnification for Guard's Abuse; Jury Awards $400,000 in Damages Against
• Habeas Hints: Overcoming Post-Conviction IAC by Kent A. Russell
• Flashbacks: Vietnam And Capital Punishment
• A Spotty Record of Health Care For Children in City Detention
• New York Prisoners Win Class Action On Due Process Of Disciplinary Hearings
• California Limits Participants for Extended Family Visits
• Order Requiring Plan For Compliance With JJDPA Non-appealable
• Cameron County, Texas, Jail Guards Indicted for Drug Smuggling, Theft, Sexual Misconduct
• North Carolina Didn't Waive Sovereign Immunity by Removing State Action to Federal Court
• Wackenhut's Name To Change, But Politics Remain The Same by Michael Rigby
• BJS Analyzes Immigration Offenders
• Ohio Pre-S.B. No. 2 Indeterminately Sentenced Prisoners Who Took a Plea are Entitled to Meaningful N
• OH State Court Must Determine Immunity Before Suit Filed; Guards Not Entitled to Qualified Immunity in Prisoner's Death
• $26,000 Paid in WA DOC Guard's Discrimination/Retaliation Claim
• Private Prison Firm Donates $53,000 to California's Governor Schwarzenegger
• Dismissal of Failure to Protect Claim Reversed; No Showing Necessary to Survive Rule 12(b)(6) Dism
• Problems Mount In Maryland Prisons (p 6)
• Bringing Down The Brotherhood (p 8)
• California County Jail Quietly Settles (p 15)
• From the Editor by Paul Wright (p 16)
• Guards Rape, Sexually Harass and Smuggle at Colorado Prisons (p 18)
• Oklahoma Civil Action Timely (p 20)
• Pennsylvania Control Unit Newspaper, Magazine and Photo Ban Invalidated; Supreme Court Grants Review (p 21)
• Grand Jury Finds Criminal Conduct In Chicago Jail Prisoner Abuse Scandal by Matthew T. Clarke (p 22)
• Rape Behind Bars: Bureau of Justice Statistics Issues First Report (p 24)
• Massachusetts DOC Denies Two, Approves One, Same-Sex Marriages (p 25)
• U.S. Finally Outlaws Execution of Children (p 26)
• Raped New York Prisoner Awarded $25,000 (p 27)
• NY DOC Agrees to Comply with A.D.A. (p 28)
• California Lifer Claims Parole (p 28)
• Prisoners Faced Violent Hazing In Troubled Pennsylvania Jail (p 29)
• Titan Pays $28.5 Million After Pleading Guilty to Three Felonies (p 30)
• Suit Implicates Washington DOC In Near-Fatal Collision, Drug Use Suspected by Michael Rigby (p 30)
• Report Details General Decline In Death Penalty Statistics For 2003 by Michael Rigby (p 31)
• Illinois Jail Conditions Suit Nets $150,000 Attorney Fee Award (p 32)
• Reliance Solely On Guard's Version of Incident Improper (p 32)
• An Expensive Way to Make Bad People Worse:An Essay On Prison Reform from an Insider's Perspective, by Jens Soering, Lantern Books, 2004, $12, 113 pages (p 33)
• Parole Officers Not Absolutely Immune For Conduct Distinct From Parole Decisions (p 34)
• Accounting Errors Plagued California Criminal Justice Agency (p 34)
• Nevada Supreme Court Clarifies Personal Injury Exhaustion Requirements (p 35)
• Denial of New Jersey Work Credits Violates Equal Protection (p 36)
• PLRA Attorney Fee-Award Criteria "Directly Incurred" and "Degree Of Success" Explained (p 36)
• Tennessee Pretrial Jail Credit Mandatory, Not Waivable (p 37)
• Sexual Predator Civil Commitment Detainee May Not Be Housed In Punitive Segregation (p 38)
• Damages Denied To Bilingual Iowa Prisoner Prohibited From Writing Family In Spanish (p 38)
• First Circuit Upholds Order Privatizing Prison Health Care In Puerto Rico by Michael Rigby (p 40)
• News in Brief: (p 41)
• California Family Visiting Appeal Denied (p 44)

September

• Inside the American Correctional Association by Silja JA Talvi (p 1)
• Do You Like Adventure? Prisons for Iraq (p 5)
• What's Wrong With the ACA? by Elizabeth Alexander (p 7)
• From the Editor (p 8)
• USP Beaumont, Texas: Murder and Mayhem in the Thunder Dome by Leah Caldwell (p 10)
• Interest Awarded in New Hampshire Canteen Surcharge Fee (p 12)
• CCA Guard Arrested for Sexually Abusing Vermont Prisoners (p 13)
• First They Came For Lynne Stewart by Marjorie Cohn (p 14)
• Houston Grand Juries Mostly Law-Enforcement by Matthew Clarke (p 16)
• Parole Violators Flood Pennsylvania Prisons by Michael Rigby (p 17)
• Texas Prison Expert Pays the Price for Telling the Truth by Matthew Clarke (p 18)
• Michigan: Money Bilked From Prisoners (p 18)
• Nebraska Law Automatically Restores Felon Voting Rights (p 19)
• $7,500 of Personal Injury Award Exempt From Attachment By Illinois DOC (p 19)
• Habeas Hints by Kent Russell (p 20)
• Antibiotic Resistant Staph Infections Continue to Plague Prisons, Jails by Michael Rigby (p 22)
• Iowa's Governor Grants Ex-Prisoners Automatic Voting Rights Restoration (p 23)
• Florida Bans Sex Offenders from Hurricane Shelters (p 23)
• Mother Of New York Prisoner Awarded $377,200 For Suicide by Michael Rigby (p 24)
• 300 More Washington Prisoners Headed to CCA Prisons (p 24)
• New York Prisoner Awarded $5,250 for Prison Welding Shop Injury (p 25)
• Hawaii Settles Class Action Wrongful Imprisonment Suit for $1.2 Million by Michael Rigby (p 26)
• New York Prisoner Awarded $1,000 For Uncleaned Prosthetic Eye (p 27)
• U.S. Supreme Court: Michigan Plea Bargainers Have Right to Counsel On Appeal (p 28)
• Massachusetts DOC Fails to Meet Women's Special Needs (p 29)
• Acting Pro Se, NJ Prisoner Beats Charges of Spitting on Guard (p 30)
• Only One California Jail Has State-Mandated Psychiatric Treatment Center Licensure (p 30)
• Miami-Dade Pays $6.25 Million to Settle Illegal Strip Search Suit (p 31)
• California Guards Assigned Word Puzzles to Satisfy Training Requirements (p 31)
• Summary Judgment for CMS/NJ DOC Reversed in Physical Therapy Suit (p 32)
• California Guards Union Intimidates Prison Staff For Infracting Guard Misconduct (p 32)
• Ban On Male Guards In Michigan Women's Prisons Upheld by Michael Rigby (p 34)
• Seventh Circuit Reverses Summary Judgment for CMS, Prison Doctor (p 36)
• Seventh Circuit Upholds Indiana Sex Offender's Banishment From City Parks (p 36)
• Ninth Circuit Upholds Preliminary Injunction Against Webcams In Arizona Jail by Michael Rigby (p 37)
• Confiscation of "New Afrikan" Literature May Violate First Amendment (p 38)
• Guard Denied Qualified Immunity in MI Prisoner's Retaliation Claim (p 39)
• Rehabilitated California Ex-Cons Have No Privacy Protection From Media Productions Based Upon Public (p 40)
• Washington Prisoner's Uninformed Disciplinary Plea Agreement Upheld (p 40)

August

• Fatal Justice: The New Maryland by Michael Rigby (p 1)
• Prison Health Services: As Health Care in Jails Goes Private, 10 Days Can Be a Death Sentence (p 1)
• From the Editor by Paul Wright (p 6)
• Arbitrary Draconian Restrictions on Texas Parolees (p 7)
• Former Connecticut Governor Rowland Pleads Guilty to Corruption Charges in Juvenile Prison Kickback Scheme (p 8)
• $600,000 Settlement In Death Of Unmedicated Wisconsin Prisoner (p 9)
• Pennsylvania Jail Prisoner Settles Use-Of-Force Suit For $15,000 (p 9)
• Federal Prisoner Wins Right To Marry, Fees Awarded (p 10)
• $99,981 In Fees Awarded For Successful Massachusetts Court Access Suit by Michael Rigby (p 10)
• Settlements Reached In Alabama Women Prisoners' Class-Action Suit (p 11)
• Prison Health Services: Missed Signals in New York Jails Open Way to Season of Suicides (p 11)
• CCA Finally Loses Contract at Mismanaged Tulsa Jail (p 14)
• U.S. Supreme Court: Michigan Appellate Attorneys Have (p 16)
• New Hampshire Prisoner's Due Process Suit Nets $54,000 in Fees and Damages (p 17)
• Texas Attorney General Clarifies Confiscation Law Governing Prisoner Art Sales by Michael Rigby (p 18)
• $800,000 Awarded to Wrongly Convicted Tennessee Man (p 18)
• National Prison Reform Commission Started by Margo Schlanger (p 19)
• New York Senator Returned To Jail After Illegal Release by Michael Rigby (p 20)
• Fifth Circuit Upholds $5,000 Excessive Force Verdict Against Wackenhut Guard (p 20)
• Michigan Guard Who Procured Hit On Prisoner Must Pay $200,000 Damages (p 20)
• PREA Data Collection Efforts Underway by Michael Rigby (p 21)
• Another CCA Prison in Oklahoma, Another Riot (p 22)
• Federal Immigration Detainee Taken Off Life Support Without Family's Consent (p 23)
• Army Prison Ban On PLN Containing Postage-Stamp-Exchange Ad Is Enjoined, But Ban On Internet Mail Up (p 23)
• California Prison Employee Paid $500,000 To Settle Whistleblower Retaliation Suit (p 23)
• California Prison Guard Gets Time For Setting Up Prisoner Beating (p 24)
• Brain Dead California Prisoner Guarded Around The Clock (p 24)
• Supreme Court Finds Ohio Supermax Placement Policy Constitutional by Bob Williams (p 24)
• Washington DOC Settles Contempt Action For $500,000; Money To Fund Patient Advocate by Michael Rigby (p 26)
• Report: Federal Prison Guards Sexually Abuse Prisoners With Near Impunity by Michael Rigby (p 26)
• Los Angeles County Settles Parolee's Overdetention Suit For $80,000 (p 26)
• $15,000 Settlement In Hawaii Voting Rights Suit (p 27)
• Wackenhut Settles Suit Over Premature Birth for $98,000 (p 27)
• Alabama Workers' Comp Act No Bar to Psychological Torts (p 27)
• U.S. Supreme Court: State Prisoners May Challenge Unconstitutional Parole Procedures Under § 1983 If Earlier Release Doesn't Necessarily Follow (p 28)
• 42 Alabama AIDS Prison Deaths In Five Years Spurs Major Medical Suit Settlement by John Dannenberg (p 28)
• Maricopa County, Arizona, Settles Wrongful Imprisonment Suit For $1.4 Million (p 29)
• Prisoners of Love: Good Advice for Those Separated By Walls But United by Love (p 29)
• RLUIPA Upheld by U.S. Supreme Court (p 30)
• Louisiana Prison Writer Free After 44 Years by Michael Rigby (p 30)
• Jury Trial in Prison Violates Oregon Constitution (p 31)
• Supreme Court Decision Orders Release of 920 Mariel Cubans; ICE: Dumps them In the Streets Without Aid by Mark Wilson (p 32)
• Suit Over Rape of Prisoner By TDCJ Employee Settled for $118,318.56 and Beach Property (p 32)
• Massachusetts Law, Not PLRA, Applies to Attorneys Fee Award in State Court § 1983 Action for Native (p 33)
• California Guard Wins $10 Million Default Judgment Against Assaultive Prisoners (p 33)
• $1 Million L.A. County Jail Rape Award Overturned (p 34)
• Colorado Teenagers Raped By Guards Settle For $165,000 Each by Michael Rigby (p 35)
• Arizona Boot Camp Director Convicted In Teen’s Death (p 36)
• Former Wackenhut Guard Awarded $600,000 For Wrongful Termination (p 36)
• Tennessee Public Records Act Requires Delivery Of Records To Prisoners (p 36)
• Staph Infections Kill Women Prisoners In Pennsylvania; Coroner’s Office Raided by Michael Rigby (p 37)
• Court Holds Temperatures on Florida's Death Row Constitutional; Class Action Exhaustion Explained by David Reutter (p 37)
• Mere Pendency of Proceedings Deprives Court of Jurisdiction in Jail Collect Call Case; Attorney Fee (p 38)
• Kentucky State Auditor Blasts Prison Industries After $377K in Undeposited Payments Found in Manager’s Desk (p 38)
• Florida's Law Libraries Provide Adequate Access to Courts Under State's Constitution by David Reutter (p 39)
• Besmirched California Prison Doctors Sue To Block Higher Qualification Standards (p 39)
• California’s Sex-Offender Internet Site Gets 14 Million Hits In First Four Days (p 39)
• News in Brief: (p 40)
• News in Brief (p 42)
• Ninth Circuit: Kicking Shackled Prisoner In Genitals Is Cruel And Unusual Punishment (p 44)

July

• The History of Prison Legal News by Paul Wright (p 1)
• PLN in Court (p 8)
• From the Editor (p 10)
• $600,000 Awarded To Paraplegic Jail Prisoner Hurt By Riding In Non-Handicap-Accessible Vehicle (p 10)
• Prison Legal News at 15 by Mumia Abu-Jamal (p 11)
• Interview with Leonard Schroeter by Todd Matthews (p 12)
• Alabama Prisoner Awarded $90,000 For Work-Related Eye Injury (p 13)
• Pro Se Tips and Tactics by Daniel Manville (p 14)
• Summary Judgment Reversed in Louisiana Jail Conditions Case (p 16)
• Crime Lab Problems Continue In Texas, Elsewhere by Michael Rigby (p 18)
• Three California Prisons Ration Water Due To Contaminated Wells (p 19)
• Two Pennsylvania Prisoners Win $1.2 Million For MRSA Skin Infections Contracted County Jail (p 20)
• California Parole Condition Prohibiting Computer Access For Molester Ruled Unreasonable (p 21)
• U.S. Supreme Court Holds California Policy Of Double-Celling By Race During Prison Intake Must Pass by Marvin Mentor (p 22)
• U.S. Department of Justice Reports Soaring Justice Expenditures (p 23)
• Contraband Cell Phones On The Rise In U.S. Prisons (p 24)
• Sex Offenders Living In Nursing Homes (p 25)

June

• Shocked and Stunned: The Growing Use of Tasers by Anne-Marie Cusac (p 1)
• $150,000 for Inadequate Oregon Sex Offender Supervision Resulting in Death of Child (p 6)
• Audit Finds Colorado DOC Loses Large Quantities of Drugs (p 7)
• $1.45 Million To Be Paid In Death Of Florida Juvenile Prisoner by Michael Rigby (p 8)
• NY Prisoner Awarded $160,000 for Lost Testicle (p 9)
• From the Editor (p 10)
• Private Youth Prison Gouging Michigan Taxpayers (p 11)
• Habeas Hints by Kent A. Russell (p 12)
• What Some People Have to Say About PLN's 15th Anniversary (p 14)
• $1,000 Awarded After Surgeon Loses Broken Instrument in NY Prisoner's Mouth (p 15)
• California's Parole-Violator Cell-Study Education Program Portends Increase In Recidivism (p 16)
• U.S. Supreme Court Holds § 1983 Proper to Challenge Execution Procedure (p 17)
• ACLU-WA Challenges Washington Ex-Felon Disenfranchisement Law (p 18)
• Mystified Felons Blamed In Washington Election Challenge (p 19)
• Starved for Attention How do you break a high-security hunger strike? Put a lid on it. (p 20)
• Florida Prison Uprising (p 21)
• $95,000 Settlement For Imprisonment Based On Falsified Police Report (p 22)
• Fifth Circuit Holds Sleep Deprivation From Constant Illumination Constitutional (p 22)
• Texas Now Requires D.A.'s Approval For Wrongful Conviction Compensation (p 23)
• CSC May Be Liable For Retention of Sexually Abusive Employee (p 24)
• Restitution Payments By Federal Defendant Whose Direct Appeal Was Final Held Not Reimbursable Upon L (p 24)
• Ohio Awards $1,402.92 Award For 11 Days False Imprisonment (p 25)
• Ohio Supermax Placement is Atypical & Significant Hardship; Supreme Court Grants Review (p 26)
• Flight From California Parole Agents' Attempted Arrest Constitutes Felony Escape (p 26)
• Dental Treatment Denial Claim Cannot Be Subdivided By Court (p 26)
• Los Angeles County Pays $32,500 To Settle Public Defender's Legal Malpractice (p 27)
• Ohio Prisoner Awarded $500 For Lost Property (p 27)
• $195,900 in Damages, Fees/Costs Awarded in Prison Sexual Abuse Case; PLRA Fee Caps Inapplicable to Former Prisoners (p 28)
• Failure to Protect from HIV-Positive Prisoner Negates Qualified Immunity Defense (p 29)
• California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees (p 30)
• Guantanamo: Nine Months after the Supreme Court Victory, the Island Remains a Prison Beyond the Law. by Rachel Meeropol (p 30)
• Immigration Detainee Wins Appointed Counsel And New Trial In Brutality Suit Against CCA (p 32)
• Overdue California Lifer Entitled To Immediate Parole Release After Prevailing At Rescission Hearing by John Dannenberg (p 33)
• PHS Responsible For Deaths Of New York Prisoners (p 34)
• Recharacterization Requires Notice Or Opportunity To Withdraw (p 34)
• California Jail Suicide Lawsuit Settled For $840,000; Contract Health Care Inadequate (p 34)
• Veteran California Prison Official Promoted Despite Checkered Past; Folsom Lieutenant Fired After Be (p 35)
• Noncompliance With South Carolina Prevailing Wage Statute Grievable (p 35)
• Battle Over Judicial Secrecy Continues (p 36)
• Eighth Circuit Reverses Summary Judgment Against Pretrial Detainee's Dental Claim by Robert Woodman (p 36)
• Guard Sues Over Smoke Grenade Injury (p 36)
• California State Auditor Criticizes Prison Outside-Hospital Contract Costs (p 37)
• Court Discusses Deliberative Process Privilege (p 37)
• Colorado Settles Mail Censorship Lawsuit with Due Process Guarantees (p 38)
• Fifth Circuit Reinstates Texas Prisoner's Property Confiscation/Retaliation Suit (p 38)
• Sixth Circuit Clarifies "Verifying Medical Evidence" Requirement Of Napier (p 39)
• Chicago Jail Still Rife With Prisoner Abuse, Crimes By Guards (p 39)
• Guantánamo: What the World Should Know by Jules Siegel (p 40)
• President Bush Signs Mentally Ill Offender Treatment And Crime Reduction Act Of 2004 (p 41)
• News in Brief (p 42)
• Prison Health Issues Affect Public (p 42)
• Federal Court Orders Independent Evaluation, Training And Credentialling Of All California Prison Healthcare Practitioners by John E Dannenberg (p 44)
• Washington DOC Fined $22,503 For Fuel Spill (p 44)
• Georgia Sheriffs Illegally Profit From Captive Workforce (p 46)
• News in Brief by Paul Wright (p 50)

May

• PHS Medical Care at Rikers Fails in Evaluation by Paul von Zielbauer (p 17)
• Court Orders Washington DOC to Stop Dragging Its Feet on Sex Offender Release Plans by Hank Balson (p 18)
• From the Editor by Paul Wright (p 18)
• Over 96% of CCA Donations Go to GOP (p 19)
• New York Appeals Court Upholds Former Senator’s Return To Rikers (p 21)
• " by Michael Rigby (p 22)
• Ohio Death Row Moving to Supermax by Bob Williams (p 25)
• New York City Settles False Imprisonment Suit For $1.25 Million (p 31)
• Texas: "Prison-Rape Capital Of The Country" by Michael Rigby (p 33)
• Michigan's Restrictive Placement Of HIV+ Prisoners Enjoined; $2 Million Damages Awarded (p 34)
• $12,003.74 in Fees/Costs Awarded in Excessive Force Use; PLRA Fee Cap Inapplicable to Stipulated Set (p 35)
• Texas Prisoner Kills Prison Employee and Himself (p 35)
• Concentration Of Paroled Illinois Sex Offenders Stirs Controversy by Michael Rigby (p 36)
• Florida Jury Awards $3,000,000 for Medical Negligence Causing Prisoner's Death (p 38)
• Michigan Prisoner Awarded $376,525 For Back Injury Sustained In Crash (p 44)
• Vermont DOC Settles PLN Writer's Suicide Suit for $750,000 by David Reutter (p 48)
• Qualified Immunity Granted to Doctor Who Failed to Order Interferon Treatments for HCV+ Prisoner (p 48)
• Vermont DOC Settles PLN Writer's Suicide Suit for $750,000 (p 48)
• American Gulag: Inside U.S. Immigration Prisons, By Mark Dow University Of California Press, 413 pages, $27.50 by Ashley Makar (p 49)
• Texas: Prison-Rape Capital Of The Country by Michael Rigby (p 49)
• News in Brief (p 50)
• Los Angeles County Pays $300,000 To Settle Public Defender's Legal Malpractice (p 52)

April

• Abu Ghraib's Stain on Military Medicine by Steven Miles (p 1)
• New Jersey County Settles With Imprisoned Deaf Man For $175,000 (p 7)
• From the Editor (p 8)
• PLN's ADX Censorship Suit Partially Survives Motion to Dismiss (p 9)
• Wisconsin Enacts Law, Prison Reforms Regarding Sex Assaults (p 10)
• California Establishes Statewide Hepatitis-C Management Program (p 12)
• Wisconsin County Pays $6.95 Million To Settle Strip-Search Suit (p 13)
• Four Guards Suspended By CCA Following Their Murder of Prisoner in Tennessee Jail (p 14)
• Five Homicides In L.A. County Jail Blamed On Security Lapses; 25 Sheriff's Deputies May Be Disciplined (p 16)
• PLN Wins Washington DOC Bulk Mail Suit, Again by John E Dannenberg (p 18)
• Untreated Dental Infection Kills California Prisoner (p 20)
• Nine California Guards Fired For Prisoner Assaults (p 21)
• New Federal Civil Rights Tax Relief Act Ends Double Taxation On Attorney Fee Awards (p 22)
• CCA Pays House Majority Leader’s Personal Charity $100,000 (p 22)
• Phone Companies Gouge California Jail Prisoners' Families (p 23)
• California Criminal Fine Surcharges Ruled Ex Post Facto (p 24)
• New Federal Civil Rights Tax Relief Act Ends Double Taxation On Attorney Fee Awards (p 24)
• New York Legislator Pays For CSC-Chauffeured Rides (p 26)
• Concubine and Children Cannot Sue for Wrongful Death of Federal Prisoner (p 26)
• California Awards MCI WorldCom Another Sole-Source Prisoner Phone Contract (p 27)
• Louisiana Jail Settles Suicide Suit For $3 Million (p 28)
• California Youth Authority Fires Six For Pummeling Prisoners And Filing False Reports (p 28)
• Court Holds Florida's Administrative Processing Fee is Constitutional (p 29)
• Florida's Faith-Based Programs Under Watchful Eyes by David Reutter (p 30)
• $40,000 To Settle Excessive Force Claim At Los Angeles County Jail (p 31)
• Texas State Equipment and Employees Used for Private Prison Labor Lobbying by Matthew Clarke (p 32)
• Rhode Island Prisoner Awarded $3,900 for False Imprisonment (p 32)
• Georgia Prison Official Immune, Prison Nurse Not, in Prisoner's Suicide (p 33)
• Race-Based California Prison Job Lockout May Violate Equal Protection (p 34)
• Illinois Appeals Court Reinstates Prisoner's Disciplinary Mandamus Petition (p 34)
• New Jersey DOC Liable for Prisoner Death Caused by CMS by Robert Woodman (p 35)
• No Miranda Error During FBI Office Interrogation Where Parolee Knew He Was Free To Leave (p 36)
• Fifth Circuit Allows Sexual-Orientation Discrimination in Texas Prisoner Rape Suit by Matthew Clarke (p 37)
• Ohio Appeals Court Upholds $7,820 Award for 70 Days Unlawful Incarceration (p 38)
• D.C. Prisoner Receives $19,500 Settlement for Slip-and-Fall (p 38)
• BOP Good-Time Statute Upheld By Three Circuits (p 39)
• First Circuit Rejects Interlocutory Appeal for Authorities Accused of Frame-Up (p 40)
• Heck Doesn't Apply to Parole Revocation Incarceration Without Attorney or Hearing (p 41)
• News in Brief (p 42)
• Triple-Dipping Jail Psychiatrist Fired For Past Medicare Fraud Conviction (p 44)

March

• California Corrections System Officially Declared Dysfunctional" - Redemption Doubtful (p 1)
• Pay To Play: Guard Union Spreads the Wealth (p 5)
• New York Jail Settles Strip-Search Suit For $2.7 Million (p 8)
• Five Florida Cases Remanded for Award of Jail or Prison Credits (p 9)
• South Carolina Prison Officials Cheat Charity, Attempt Coverup (p 10)
• Washington Guards Settle Lawsuits For $7,270,000 And $810,000, Lose Third (p 12)
• Ohio Lawyer Suspended for Promising Favor from Judge for Money (p 13)
• From the Editor (p 14)
• Harsher Oregon Parole Statute Cannot Be Applied Retroactively (p 14)
• Problems Plague Illinois Jails And Prisons, Employees Watch Television for Pay by Michael Rigby (p 15)
• Connecticut Woman Gang-Raped In Sheriff's Van Settles Suit For $480,000 (p 16)
• Prison Population Still Rising in Mid-Year 2003 (p 17)
• Exhaustion of Administrative Remedy Requirement May be Excused (p 18)
• Wrongfully-Convicted Missouri Woman Receives $7.5 Million After 16 Years in Prison (p 18)
• Judges Of Death by Mumia Abu-Jamal (p 19)
• U.S. v. Booker: The Left Wing Gives and the Right Wing Takes Away by David Zuckerman (p 20)
• Delaware Prisoner's $100,000 Damage Award For Retaliation Upheld (p 21)
• Fulton County Jail under Federal Control (p 22)
• 9th Circuit Explains Habeas Jurisdiction Under 28 U.S.C. § 2254, Upholds Washington Transfer to Priv (p 24)
• NO FTCA or IIED Claims Stated in Oregon Testicular Radiation Case (p 25)
• Uprising by Vermont Prisoners Damages CCA Prison in Kentucky by Matthew Clarke (p 26)
• Destruction of Exculpatory Disciplinary Evidence May Violate Due Process Clause (p 28)
• New York Jail's Strip Search Policy Permanently Enjoined (p 29)
• Washington Community Custody Sanctions Upheld (p 30)
• Oregon Ban On Sexually Explicit Mail, Fantasy Games Upheld, State Law Claims Remanded (p 30)
• Delaware Prisoner Killed In Hostage Standoff, Counselor Raped (p 31)
• Summary Judgment Reversed In Los Angeles Jail Over-Detention Suit (p 32)
• Harsh Pre-trial Conditions of Confinement Justify Reduced Federal Sentence (p 32)
• Fourth Circuit Reinstates Federal Prisoner's FTCA Claim (p 32)
• Pennsylvania Statute Banning Sex Between Staff and Prisoners Upheld (p 34)
• $78,435 in Attorney Fees for Successful Challenge to Pennsylvania's Megan's Law (p 35)
• PHS and Florida Sheriff Fight Over Liability in Jail Beating Death Suit (p 36)
• Mailbox Rule Applies to Texas Prisoners Civil Filings (p 36)
• Civil Punitive Damages On Top Of Criminal Punishment Is Not Double Punishment (p 37)
• Arizona Appellate Court Vacates Restitution Order In Escape Case (p 38)
• Idaho Prisoner States Valid Retaliation Claim Against Parole Commission (p 38)
• Lucasville: The Untold Story of a Prison Uprising by Karen Thimmes (p 39)
• Missouri Post-Conviction Proceedings Not Encompassed By PLRA Payment Scheme (p 40)
• Massachusetts Court Imposes Time Limits For Unrepresented Criminal Defendants (p 41)
• News in Brief: (p 42)
• Washington Absconding Does Not Toll LFO Collection Statue (p 44)

February

• HR-4079: A National Crime Emergency? by Michael Rigby (p 1)
• Kentucky Prison Guard Awarded $34,000 in Sexual Harassment Suit (p 5)
• California Latino Gang Members Locked Down Over 20 Months; Narrow U.S. Attorney Criminal Review Finds "No Abuses" (p 6)
• Tenth Circuit Reverses Dismissal of PLN Suit Challenging Kansas DOC Ban On Gift Subscriptions by John E Dannenberg (p 7)
• From the Editor by Paul Wright (p 8)
• Report Lambastes New York Lockdowns by Michael Rigby (p 9)
• Report Lambastes New York Lockdowns (p 11)
• Habeas Hints by Kent A. Russell (p 12)
• Oregon HCV Class Action Settled; Limitations Period for Individual Damages Actions Tolled by Mark Wilson (p 14)
• Expert Panel Significantly Revises Oregon's HCV Guidelines (p 16)
• Alabama Settles Class Action Medical Suit; Institutes HCV Treatment Protocol by John E Dannenberg (p 18)
• Jury Awards $500,000 to Massachusetts Jail Guard Harassed for Breaking Code of Silence (p 19)
• Three Americans Convicted of Running Sham Military Jail in Afghanistan (p 20)
• South Carolina Prison Industry Program Problematic, Audit Finds by Michael Rigby (p 22)
• Doctors of Death and the Medicalization of State Murder by Michael Rigby (p 23)
• California Sex Offender Satisfies Registration Obligation If He Mails Notice (p 24)
• Prisoner's Release Fails to Excuse PLRA's Exhaustion Requirement (p 24)
• New Jersey Jail Guard Settles Elevator Fall Suit for $750,000 (p 26)
• AEDPA One-Year Clock Starts When Administrative Parole Appeal Is Denied by John E Dannenberg (p 26)
• Tough Justice Leads To Quadriplegic's Death In CCA-Operated D.C. Jail by Michael Rigby (p 27)
• Government Says No Criminal Conduct in New Jersey Mass Prisoner Beating, But Jury Awards Abused Prisoner $19,000; Sexual Harassment Suit Settled for $250,000 (p 28)
• Rikers Island Gunshot Victims' Suit Dismissed (p 28)
• Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment by Bob Williams (p 29)
• CMS Liable for Prisoner's Failed Hip Prosthesis; $75,000 Awarded by Robert Woodman (p 30)
• California Prisoner Trust Accounts Allegedly Used To Launder Gang Drug Taxes (p 30)
• Absolute Immunity For Acting On Court Order Denied In Failure To Protect Claim by Bob Williams (p 31)
• New York Prisoner Awarded $105,000 for Shoulder Injury (p 32)
• California Sexual Predator Unconditionally Released (p 32)
• New York's Felon Disenfranchisement Law Not Saved By Federal Voting Rights Act by John E Dannenberg (p 33)
• Connecticut Prison Writers Settle Lawsuit, Writing Program Reinstated by Michael Rigby (p 34)
• Seventh Circuit Interprets "Brought" As Used 42 U.S.C. § 1197e(a) (p 35)
• Los Angeles County Pays $800,000 To Settle County Jail Medical Suit for Untreated Lupus by John E Dannenberg (p 35)
• Oregon Prisoner's Allegation of Economic Damages States Sufficient Claim (p 36)
• Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation by Marvin Mentor (p 36)
• BOP Ad-Seg Rules Create a Liberty Interest by David Reutter (p 37)
• Oregon Parole Increase Following Appeal Violates Due Process, Presumption of Vindictiveness Applies (p 38)
• Massachusetts Jail Prisoner Awarded $20,000 For Crushed Knuckle (p 38)
• Federal Court Orders Mississippi to Desegregate HIV+ Prisoners (p 39)
• California Demands $1.6 Million In Diverted Telephone Revenues From Private Prison Contractor by John E Dannenberg (p 39)
• Texas County, Deputy Settle Sex Assault Case For $50,000 (p 40)
• Iowa Must Give Kosher Meals to Civilly Committed Sex Offender by John E Dannenberg (p 40)
• Are Prisons Obsolete? by Silja JA Talvi (p 41)
• News in Brief (p 42)
• California Prosecutor Fights Deportation Of Paroled Sex Offenders (p 44)

January

• Florida's Private Prison Industry Corporation Under Siege by David Reutter (p 1)
• Is There A Winning Argument Against Excessive Rates For Collect Calls From Prisoners? by John E Dannenberg (p 6)
• Prison Needle Exchanges Around the World by Julie Falk (p 7)
• Latest Honduran Prison Massacre: "Homies Were Burning Alive" by Tom Hayden (p 8)
• Texas "Gang Expert" Indicted for Sex Assaults (p 11)
• From the Editor by Paul Wright (p 12)
• Ex-Rikers Island Chief Indicted (p 12)
• Massachusetts Court Enjoins Sheriff from Charging Jail Prisoners Assorted Fees by Michael Rigby (p 13)
• Don't Build It Here - The Hype Versus the Reality of Prisons and Local Employment by Clayton Mosher (p 14)
• Washington Jail Settles Wrongful Death Suit For $1.6 Million by Michael Rigby (p 17)
• California Initiative To Soften "3-Strikes" Law Defeated; DNA Collection From Arrestees Approved (p 18)
• Washington Prison's Water System and Meat Contaminated With Feces by Roger Smith (p 19)
• New York Prisoner's Retaliation Suit Remanded for Trial (p 20)
• Qualified Immunity Denied to Supervising Driver's License Examiner in Oklahoma Prisoner's Rape by David Reutter (p 20)
• HIV Is Occupational Disease for Connecticut Prison Guards (p 21)
• DNA Profiling of Conditionally Released Federal Offenders Upheld by John E Dannenberg (p 22)
• Los Angeles Voters Reject 5,000 More Cops; Invest In Clear Ocean Instead by John E Dannenberg (p 23)
• Misidentification Requires Washington Jail Officials Take Reasonable Steps to Confirm Identity (p 24)
• Washington ISRB Departure From Standard Sentencing Range Upheld (p 24)
• Texas Supreme Court clarifies Procedures For Civil Court Prisoner Appearances (p 25)
• Uprisings at CCA Prisons Reveal Weaknesses in Out-of-State Imprisonment Policies (p 26)
• Colorado DOC Report: CCA At Fault for Crowley Uprising (p 31)
• City Settles In Death of Prisoner at CCA-Operated Tulsa Jail (p 32)
• Kansas Supreme Court Upholds Gift Subscription Ban (p 33)
• Non-Contact Visits for Pennsylvania Sex Offenders Upheld (p 34)
• Total Confinement: Madness and Reason in the Maximum Security Prison by David C Fathi (p 35)
• Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault by John E Dannenberg (p 36)
• Gang Validation in Retaliation for Filing Grievances Is Actionable by Marvin Mentor (p 36)
• Illinois ETS Injury Claim Allowed To Proceed; Out-of-State Legal Materials Ordered Provided by John E Dannenberg (p 38)
• Public and Press Have First Amendment Right to Access Court Docket Sheets by David Reutter (p 39)
• Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault (p 40)
• Prisoner Stated Deliberate Indifference Claim, But Summary Judgment Denial Reversed (p 40)
• News in Brief (p 42)
• Arizona Adopts Favorable Termination Rule in Attorney Malpractice Suits (p 44)