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Articles by John Dannenberg

Illinois Supreme Court Holds Prisoner Medical Co-Payment Fee Can’t Be Deducted From Future Funds

Illinois Supreme Court Holds Prisoner Medical Co-Payment Fee Can't Be Deducted From Future Funds

by John E. Dannenberg

The Illinois Supreme Court held that the Illinois Department of Corrections' (IDOC) regulation levying a $2 medical/dental co-payment fee against an "indigent" prisoner's trust account and placing a hold on all future ...

GAO Audit: Alien Detention Facilities Suffer Continuing Deficiencies

by John E. Dannenberg

An often overlooked segment of the nation's prison population, alien detainees, was the subject of a Government Accountability Office (GAO) audit between May 2006 and May 2007. While the largest problem noted was limited access to free telephones to call attorneys and consulates, numerous other deficiencies ...

U.S. Supreme Court: Colorado Prisoner Alleging Injury From Suspension Of Medical Treatment Stated Adequate Claim To Preclude Dismissal

by John E. Dannenberg

In a per curiam ruling, the U.S. Supreme Court held that a Colorado state prisoner seeking reinstatement of his Hepatitis-C medical treatment had stated an adequate claim per Federal Rules of Civil Procedure 8(a)(2) to preclude having his case summarily dismissed below.

Colorado Department of Corrections ...

New Jersey Supreme Court Orders DOC to Codify Prisoner Healthcare Responsibilities

by John E. Dannenberg

The Supreme Court of New Jersey, incensed with the inhumane treatment of a state prisoner who was systematically denied Hepatitis-C treatment for four years, ordered the New Jersey Department of Corrections (NJDOC) to enact regulations codifying its responsibility for prisoners? healthcare.
The ruling also mandated that ...

Absence of Parole Revocation Administrative Appeal Process Entitles Prisoner to Trial Court Determination of Custody Credits

by John E. Dannenberg

The California Court of Appeal, Sixth District, held that when a parolee both violated parole and committed a new offense, and disputed his parole revocation hearing findings but had no administrative appeals process available to challenge them, he was entitled to have the sentencing court immediately ...

BOP May Not Foreclose Transfer to Community Corrections Center Based on Length of Remaining Sentence

The Second Circuit U.S. Court of Appeals has held that federal Bureau of Prisons (BOP) prisoners seeking transfers to community correctional centers (CCC) before reaching a point when they have the greater of six months or ten percent of their terms remaining to serve, cannot be denied such transfers solely ...

Findings of Fact by Indiana Disciplinary Panel Not Entitled toPresumption of Correctness for Federal Habeas Purposes

by John E. Dannenberg

Seeking to clarify an "established proposition frequently ... overlooked in litigation arising from Indiana's prison system," the Seventh Circuit U.S. Court of Appeals held that the lower burden of proof that attaches to prison disciplinary panel findings of fact is insufficient to "entitle prison defendants to ...

Sixth Circuit Now Permits § 1983 Complaint to Proceed Even if Prisoner Did Not Initially Plead Exhaustion Below

by John E. Dannenberg

The Sixth Circuit U.S. Court of Appeals has vacated its precedent which held that a prisoner had an affirmative burden to plead exhaustion of administrative remedies in a § 1983 complaint. Following the recent U.S. Supreme Court ruling contra in Jones v. Bock, 127 S.Ct. 910 ...

California DOC Finally Discloses Some Records In $4.1 Billion Of Public Contracts

by John E. Dannenberg

Four years after California?s Department of General Services (DGS) ordered the Department of Corrections and Rehabilitation (CDCR) to publicly post details on $4.1 billion worth of contracts, CDCR complied in late March 2007.

In 2003, DGS advised CDCR that it was required that all their contracts ...

California Contract Healthcare Management Firm Locked Out; Fees Withheld;

State Officials Resign

by John E. Dannenberg

California?s federal receiver over prison healthcare, Robert Sillen, took umbrage with Florida-based private contractor Medical Development International (MDI) by withholding $2.6 million in fees and locking MDI out of two southern California prisons in February 2007. Two high-level state prison health care officials ...