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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
