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Articles by Mark Wilson

Single Oregon Probation Violation Requires Concurrent Sanctions

Single Oregon Probation Violation Requires Concurrent Sanctions

by Mark Wilson

The Oregon Court of Appeals held that multiple sanctions for a single probation violation must be concurrent.

“If more than one term of probationary supervision is revoked for a single supervision violation, the sentencing judge shall impose the incarceration sanctions ...

Three Ohio Prison Suicides in a Month Prompts Review; Guards Falsified Tier Check Logs

Three Ohio Prison Suicides in a Month Prompts Review; Guards Falsified Tier Check Logs

by Mark Wilson

The party was set, invitations were in the mail and Ohio officials were fussing over all the last minute details to ensure that August 7, 2013 was a night to remember.

Unfortunately, however, ...

New York Impedes Department of Justice Juvenile Custodial Sexual Abuse Analysis

New York Impedes Department of Justice Juvenile Custodial Sexual Abuse Analysis

by Mark Wilson

Ten percent of New York juvenile offenders reported being sexually abused while in custody in 2010, which was consistent with the 12 percent national average. In 2013 the number dropped to zero, but only because New ...

Report Finds Criminal Justice Reforms across the Nation

Report Finds Criminal Justice Reforms across the Nation

by Mark Wilson

In 2012, 6.98 million Americans were under some form of correctional supervision, with 2.2 million in prison or jail and another 4.8 million on probation or parole, according to a January 2013 report of The Sentencing Project (TSP). The ...

Oregon Prison Staffing Audit Reveals Little to No Potential Cost-Savings

Oregon Prison Staffing Audit Reveals Little to No Potential Cost-Savings

by Mark Wilson

As Oregon prison officials scramble to reduce a $1.4 billion bi-annual corrections budget, the Secretary of State released an audit concluding that they are unlikely to find significant cost-savings in prison staffing.

The average daily cost of ...

Massachusetts: Wrongful Death Claims Survive Summary Judgment in Prisoner Suicide Case

Massachusetts: Wrongful Death Claims Survive Summary Judgment in Prisoner Suicide Case

by Mark Wilson

n September 15, 2014, a Massachusetts superior court denied summary judgment to jail officials on a wrongful death claim related to a prisoner’s suicide, though the court dismissed deliberate indifference claims against three defendants.

Eric Adams ...

Second Circuit: Rule 41 Dismissal Requires Five Factor Analysis

Second Circuit: Rule 41 Dismissal Requires Five Factor Analysis

by Mark Wilson

In September 24, 2014, the Second Circuit Court of Appeals held that a district court had improperly dismissed a New York prisoner’s lawsuit for failure to prosecute, without weighing the required factors.

Federal prisoner Harry Baptiste filed suit ...

Wyoming Prisoner Escapes from Private Transport Van, Remains on the Run

Wyoming Prisoner Escapes from Private Transport Van, Remains on the Run

by Mark Wilson

If his history is any indication, Wyoming fugitive Kenneth James Ward probably didn’t need a head start. But he got one when a private prison transport company let him get away and did not report the ...

Ninth Circuit: Plata Doesn’t Bar Individual Injunctive Relief Claims; $26,000 Settlement

Ninth Circuit: Plata Doesn’t Bar Individual Injunctive Relief Claims; $26,000 Settlement

by Mark Wilson

The Ninth Circuit Court of Ap­peals has held that an individual California prisoner’s medical care injunctive relief claims are not barred by Plata v. Brown, the class-action suit that seeks systemic reform of California’s prison ...

Automatic Oregon Death Row Confinement Pending Resentencing Enjoined

Automatic Oregon Death Row Confinement Pending Resentencing Enjoined

by Mark Wilson

On October 10, 2014, an Oregon federal judge enjoined prison officials from automatically segregating death sentenced prisoners who have had their sentences vacated and are awaiting resentencing.

Oregon Department of Corrections (ODOC) prisoners are assigned custody levels pursuant to ...