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California Inspector General: $1 Billion In DOC Drug Treatment Program “A Complete Waste Of Money” by Marvin Mentor California Inspector General: $1 Billion In DOC Drug Treatment Program "A Complete Waste Of Money" by Marvin Mentor California's Inspector General Matthew Cate issued a scathing 52-page report in February 2007 which …
California’s Solution To Prison Overcrowding: $7.4 Billion To Build 53,000 New Beds by Marvin Mentor California's Solution To Prison Overcrowding: $7.4 Billion To Build 53,000 New Beds by Marvin Mentor Faced with three federal judges threatening to place a population cap on California's overcrowded prison system, the state Legislature and …
Article • August 15, 2007 • from PLN August, 2007
Prior Drug Use Stable Among State Prisoners, Rises For Federal Prisoners by Matthew Clarke by Matthew T. Clarke In October 2006, the Bureau of Justice Statistics of the U.S. Department of Justice released a report on prior drug use among state and federal prisoners. The report compared the years 1997 …
Dismissal of Prisoner Civil Rights Complaint Against State Sponsored Substance Abuse Program Affirmed by Dismissal of Prisoner Civil Rights Complaint Against State Sponsored Substance Abuse Program Affirmed Colorado state prisoner David K. Jenner, and several other prisoners, filed a federal complaint pursuant to 42 U.S.C. §§ 1983 and 1985 alleging …
Drug Program Removal Requires Due Process by The Eastern District Court of New York held that prisoners in New York States High Impact Incarceration Program had a state created liberty interest in remaining in the program. Removal from the program required due process. Michael Galloway was a state parole violator …
$150,000 Verdict in Failure to Train Suit for Withdrawal Death of CT Jail Prisoner by $150,000 Verdict in Failure to Train Suit for Withdrawal Death of CT Jail Prisoner A jury awarded $150,000 to the estate of a 41 year old Polish prisoner who died in his jail cell of …
Article • May 15, 2007
HIV+ Plaintiff Can Be Anonymous in Needle Exchange Police Harassment Suit by Intravenous drug users who used state-authorized needle exchange programs alleged that they were harassed by the police. The plaintiffs had standing to seek injunctive relief. There is no minimum number of past incidents that must be pled to …
ADA Suit by Alcoholic Work Release Residents Dismissed by Residents of a halfway house for alcoholics were disabled for purposes of the disability statutes, since alcoholism is a recognized disability and since the halfway house only admitted persons who inter alia were determined to be unable to abstain without continued …
Alcoholism is a Disability by Alcoholism is an "impairment" under the disability statutes; to be a disability, an impairment must substantially limit one or more major life activities, and the impact must be "permanent or long-term." Major life activities include caring for one's self, performing manual tasks, walking, seeing, hearing, …
Forced Prayers in Drug Treatment Program May Violate Establishment Clause by The plaintiff alleged that she enrolled in a voluntary drug treatment program which turned out to close every day with a prayer ceremony. Though she was not required to verbalize a prayer, she was required to participate by standing …
Years Later, $95,000 Attorney Fees Paid in Essex County Jail Conditions Suit by After 12 years of disputing the amount to be paid to Massachusetts Correctional Legal Servicer (MCLS) for attorney fees relating to a class action suit, officials in Essex County agreed on July 8, 2004, to pay $95,069.89 …
Washington DOC Pays $40,000 in Chair Collapse by In 1999, the Department of Corrections and the State of Washington paid Michael Debruyne $40,000. Debruyne, a free citizen of the State of Washington, was employed by Beginning Alliance, a contractor with the DOC providing alcohol and drug rehabilitation counseling at the …
Heroin Withdrawal a Serious Medical Need in Addict's Jail Death by A Maryland federal district court has held that withdrawal from a heroin addiction is a serious medical need. This action was filed by the widow of a pretrial detainee who died two days after being incarcerated at Maryland's Cecil …
Prison Doctor's Lack of Knowledge Does Not Constitute Deliberate Indifference by The Ninth Circuit U.S. Court of Appeals held that a Hawaii prison doctor's medical malpractice resulting in the death of a prisoner, while demonstrating negligence, did not rise to the level of "deliberate indifference" to establish Eighth Amendment cruel …
Denial of PI Affirmed, But Claim Has "Colorable Merit" by Denial of PI Affirmed, But Claim Has "Colorable Merit" The U.S. Second Circuit Court of Appeals held that a federal district court did not err in denying a prisoner a preliminary injunction. Francis Conti, a New York State prisoner, sued …
BOP Substance Abuse/Early Release Regulation Violates APA by The Ninth Circuit Court of Appeals held that a 1997 Bureau of Prisons (BOP) regulation precluding substance abuse treatment and early release to prisoners convicted of firearm offenses violated the notice and comment provisions of the Administrative Procedures Act (APA). In 1990, …
Article • May 15, 2007
Alcoholics Anonymous Parole Requirement Violates Establishment Clause by Alcoholics Anonymous Parole Requirement violates Establishment Clause The supreme court of Tennessee held that the Tennessee parole board's method of determining prisoner parole eligibility, by circulating and reviewing case files individually, does not violate the state's open records act. The court held …
Article • May 15, 2007
Drug Addicted WA Prisoners not Entitled to Treatment by The Washington Supreme Court held that state prisoners do not have a constitutional right to treatment for drug addiction. Bradley Bresolin, a prisoner at the Washington State Penitentiary, filed a petition for writ of mandamus claiming that prison officials had breached …
Article • May 15, 2007
Alcoholic WA Prisoners not Entitled to Individualized Treatment by The Washington Supreme Court held that prisoners were not entitled to "individualized comprehensive treatment modalities" for alcoholism. Four prisoners at the Washington State Penitentiary filed petitions for writs of mandamus, claiming that state law guaranteed them the right to comprehensive alcoholism …
California DOC Substance-Abuse Contractor Audits Reveal $5 Million in Overcharges by John Dannenberg by John E. Dannenberg California?s Inspector General (IG), the state?s overseer of the California Department of Corrections and Rehabilitation (CDCR), discovered $5 million in past overcharges from three substance-abuse treatment contractors, plus $258,250 in overstated expenses and …
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