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Article • May 15, 2007
Supreme Court Sets Standard in Establishment Clause Suits by The United States Supreme Court held that state statutes from Rhode Island and Pennsylvania, which supplemented teacher's salaries in religious schools, violated the religious establishment clause of the First Amendment. A federal district court found that Rhode Island's provision, which provided …
FTCA Does Not Apply to Prisoner's Property Mailed Outside Prison by Affirming the District Court of Kansas, the U.S. Tenth Circuit Court of Appeals held that the Federal Tort Claims Act (FTCA) does not apply to a federal prisoner's personal property mailed outside of prison. Samuel Haywood Myles, a prisoner …
Article • May 15, 2007
No Witness Protection Program for Famous Author Informant by The court of appeals for the Eighth circuit held that prisoners are not entitled to placement in the federal Witness Protection Program (WPP) and the courts will not enjoin transfers among federal prisons when prison officials claim they will take special …
Tennessee Prison Contracting Official Engaged to Contractor by The Tennessee Department of Corrections (TDOC) is investigating whether a romance between a prison contract oversight official and a prison contractor involved any impropriety. TDOC purchasing director Nola Butler disclosed her romantic relationship with prison commissary contractor Martin Jennen, president of American …
Article • April 15, 2007 • from PLN April, 2007
Illinois DOC Capitulates On Prison Newspaper Ban by John Dannenberg by John E. Dannenberg The Illinois Department of Corrections (IDOC) settled a publisher?s civil rights complaint challenging the arbitrary ban of Stateville Speaks, a nascent newspaper containing writings by IDOC prisoners. The IDOC amended its mail regulations regarding ?unacceptable publication? …
Corruption and Violence Plague South Africa’s Post-Apartheid Prisons by Gary Hunter Corruption and Violence Plague South Africa's Post-Apartheid Prisons by Gary Hunter Corruption plagues South African (SA) prisons at every level as prisoners suffer violence and torture from both prisoners and warders alike. Former high court judge Thabani Jali was …
Chicago Juvenile Detention Center Workers Resist Court-Ordered Reforms by John Dannenberg by John E. Dannenberg In June 1999, the American Civil Liberties Union (ACLU) won a suit against Chicago?s Cook County to abate unconstitutionally sordid, unsafe and abusive conditions at its Juvenile Temporary Detention Center (JTDC), conditions that had been …
Article • April 15, 2007 • from PLN April, 2007
Maryland’s Public Information Act Exempt from Administrative Exhaustion Requirements by Maryland's Public Information Act Exempt from Administrative Exhaustion Requirements The Maryland Court of Appeals has held that a prisoner is not required to exhaust administrative remedies to bring an action under the Public Information Act. Before the Court was a …
California Sexual Predators’ Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John Dannenberg California Sexual Predators' Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John E. Dannenberg A class of 600 civilly committed sexually violent predators (SVP) sued the California Department of Mental Health (DMH) under 42 U.S.C. …
Article • April 15, 2007 • from PLN April, 2007
California Prisoner Fed Finger Settles with Florida Food Manufacturer by On January 31, 2006, a Florida food company reached a confidential settlement agreement with a California state prisoner who found a three-quarter inch long human finger tip in one of the company?s prepackaged meals. While confined in isolation at California?s …
Ninth Circuit: Before Conducting Warrantless Parole Search, Police Need Probable Cause to Believe Parolee Lives There by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals has held that ?before conducting a warrantless search pursuant to a properly imposed parole condition, law enforcement officers must have …
BOP Mail Rule Banning Internet Downloads and Soft Cover Publications Not Sent by Publisher Held Unconstitutional by John Dannenberg by John E. Dannenberg On October 26, 2006, in an unpublished order, the U.S. District Court (D. Colo.) held that 28 C.F.R. § 540.71(a)(2), which restricts Bureau of Prisons (BOP) prisoners …
Article • April 15, 2007 • from PLN April, 2007
Marin County, California Settles Wrongful Jail Death For $1 Million by John Dannenberg by John E. Dannenberg Marin County, California settled with the surviving family of a man who died after being hog-tied upon his arrest by Marin County Sheriff deputies. Cary Grime was a pedestrian at 2 a.m. in …
Oklahoma Orthodox Jewish Prisoners Win Kosher Diet by John Dannenberg by John E. Dannenberg Three Orthodox Jewish state prisoners won both preliminary and permanent injunctive relief requiring the Oklahoma Department of Corrections (ODOC) to provide them a Kosher diet at no personal cost. Prisoners Dennis Fulbright, Jon Cottriel and Jerry …
Article • April 15, 2007 • from PLN April, 2007
California State Prisoner Wins $21,800 for 250 Days Excess Incarceration by On July 5, 2006, a jury awarded $21,800 to a California state prisoner after the California Department of Corrections and Rehabilitation (CDCR) miscalculated his good time/work time credits on his twelve year sentence. Jorge Gallegos, a Mexican national, was …
Article • April 15, 2007 • from PLN April, 2007
California Prisoner IFP State Civil Filing Fee Statutes Interpreted by John Dannenberg by John E. Dannenberg In an important ruling for all California in forma pauperis (IFP) prisoner state civil complaint plaintiffs, the California Court of Appeal interpreted the application of the mandatory prisoner civil filing fee statutes, Government Code …
Ninth Circuit: Failure to Timely Set Fractured Thumb is Actionable by John Dannenberg by John E. Dannenberg A California prisoner who severely fractured his right thumb when falling from an upper bunk stated sufficient facts to assert an Eighth Amendment claim for deliberate indifference to his serious medical needs, as …
Article • April 15, 2007 • from PLN April, 2007
Sensitive Illinois DOC Personnel Records Compromised by The Illinois Department of Corrections (IDOC) recently mishandled personnel information on ?virtually all? of its 13,500 employees. Additionally, the Department of Transportation lost data on 40 of its employees. An angry public employees? union demanded to know when the breach occurred, what had …
Expungement, Not Rehearing, Mandated in Colorado Disciplinary Reversals by Bob Williams In an unpublished opinion, the Colorado Court of Appeals has held that expungement of a prisoner?s disciplinary record, not a rehearing, is an appropriate remedy when reversed on administrative or judicial review. Colorado prisoner Lewis Simpson was convicted of …
Article • April 15, 2007 • from PLN April, 2007
Filed under: News, News in Brief
News in Brief: by Brazil: On September 12, 2006, Colonel Ubiritan Guimaraes, a former military police commander who in 1992 oversaw the storming of the Carandiru prison in which 111 prisoners were murdered by police, was found dead in his Sao Paulo apartment of a single gunshot wound to his …
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