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Sixth Circuit Orders Retrial of Retaliation Suit by by Matthew T. Clarke The Sixth Circuit court of appeals has ordered the retrial of a lawsuit by the surviving mother of a deceased ex-prisoner against a guard who allegedly retaliated against her son because the mother requested the guard's name and …
Liberty Interest In New York Work Release by Ronald Young By Ronald Young The court of appeals for the Second circuit held that a prisoner has a protected liberty interest in her continued participation in a work release program, and entitled to a hearing which states the reason for her …
Nevada Religious Group Gets Federal Money to Help Prisoners, Delivers Nothing by Nevada Religious Group Gets Federal Money to Help Prisoners, Delivers Nothing by Matthew T. Clarke Alliance Collegiums Association of Southern Nevada (ACASN), a faith-based organization led by black ministers with the stated mission of providing prisoners with support …
New York Work Release Suit Dismissed by In the February, 1997, issue of PLN we reported Roucchio v. Coughlin, 923 F. Supp. 360 (ED NY 1996), which held that New York prisoners may have a due process liberty interest in work release status. In this ruling, the same court held …
Article • March 15, 1999 • from PLN March, 1999
Work-Release Prisoners Eligible to Vote on Union Representation by Apanel of the National Labor Relations Board (NLRB), upon reconsideration of its original determination, has held that four work-release employees share a sufficient "community of interest" with the regular "free-world" unit employees, so they are eligible to vote in union representation …
Abuse of Discretion to Dismiss Medical Suit by The Seventh Circuit court of appeals has held that a district court abused its discretion when, on technical procedural grounds, it refused to grant a prisoner leave to amend his suit adding the full names of defendants and dismissed the suit. Ralphfield …
Article • October 15, 1998 • from PLN October, 1998
Kansas Prisoners Entitled to Halfway House Credits by The Kansas court of appeals held that prisoners whose halfway house status is revoked are entitled to credit for the time spent in the facility, but are not entitled to credit for time spent on house arrest. Bradley Cordill, a Kansas state …
Article • January 15, 1998 • from PLN January, 1998
New York Work Release Creates Liberty Interest by Afederal district court in New York held that prisoners have a liberty interest in that state's Temporary Release Program (TRP) which requires due process before they can be removed from it. Franklin Greaves was a TRP participant, as such he lived and …
$5,000 Verdict for Snitch Jacketing Affirmed by The court of appeals for the tenth circuit affirmed a $5,000 judgment in favor of a jail prisoner who was assaulted after a guard told other prisoners he was a snitch. The court also affirmed an award of $93,649.61 in attorney fees and …
No Frivolousness Review Allowed When Filing Fee Paid by The court of appeals for the eighth circuit held that a district court erred when it dismissed portions of a pro se prisoner's complaint after the filing fee had been paid. The lower court also erred when it instructed the defendants …
Article • May 15, 1997 • from PLN May, 1997
US Supreme Court: Oklahoma Pre-Parole Program Requires Hearing Before Removal by by Paul Wright On March 18, 1997, justice Clarence Thomas released a ruling for a unanimous U.S. supreme court holding that an Oklahoma "pre-parole" program designed to relieve prison overcrowding was sufficiently similar to parole to require a due …
Article • February 15, 1997 • from PLN February, 1997
New York Work Release Creates Liberty Interest by A federal district court in New York held that state law creates a due process liberty interest which requires a hearing before prisoners can be removed from work release. The court also held that res judicata did not bar a § 1983 …
No FLSA Protection for Work Release Prisoners by The court of appeals for the fifth circuit held that neither the Federal Fair Labor Standards Act (FLSA) nor Louisiana law offered relief to a work release prisoner challenging a contractual provision requiring he contribute ten percent of his net earnings to …
U.S. Supreme Court to Review Cases by Washington Disc. Case On April 29, 1996, the US Supreme Court announced it would hear an appeal by Washington state prison officials involving a prisoner's challenge to the loss of good time during a prison disciplinary hearing. Jerry Balisok filed suit under 42 …
New York Work Release Creates Liberty Interest by A federal district court in New York held that prisoners retain a due process liberty interest in remaining in work release. Quentin Hollingsworth, a New York state prisoner, was participating in a work release and home furlough program while nearing the end …
Article • April 15, 1996 • from PLN April, 1996
Oklahoma Pre-Parole Status Creates Liberty Interest by The court of appeals for the tenth circuit has held that Oklahoma's pre-parole conditional supervision program creates a due process liberty interest which mandates a hearing before prisoner's can be removed from it. This case is significant because it was decided in the …
Article • October 15, 1995 • from PLN October, 1995
Worked to Death: OH Work Release Programs by Dan Cahill By Dan Cahill Many of us have been concerned about the possibility of abuse and tragedy in the unprotected use of prison labor. Over the past several years Ohio legislators have made it legal to market prison labor to private …
Article • October 15, 1995 • from PLN October, 1995
U.S. Supreme Court: Time on Bail Doesn't Count by The US supreme court has held that the time a defendant spends "released" on bail doesn't count towards completion of his/her sentence even if the "release" is under highly restrictive conditions that are tantamount to jail. Ziya Koray was charged with …
Work Release Revocation Requires Hearing by Billy Jackson was an Arkansas state prisoner. She was placed in work release but later quit her job and her parole officer could not locate her at her address of record. She was later arrested on charges of public drunkenness, returned to prison and …
Gender Based Treatment Disparity Violates Equal Protection by Ed Mead If you are a woman and you break the law in Nebraska, and if you are required to serve a prison sentence, you will be sent to the Nebraska Center for Women (NCW). NCW is located in York, a small …
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