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Article • August 15, 2013
Filed under: Gay/Lesbian, Transgender
D.C. Guards Fired for Failing to Recognize Female Prisoner in Male Unit by The District of Columbia Jail has fired three guards that failed to realize a woman was being held in the male detention center, even after she had been strip searched and forced to shower with male prisoners. …
Article • August 15, 2013
Delaware Supreme Court Reverses Escape Conviction by In December 2012, the Delaware Supreme Court reversed an escape conviction because the prisoner’s request to represent himself was improperly denied. While serving a sentence for robbery at the Plummer Center in Wilmington, Delaware, prisoner Maurice Williams requested and received a medical pass …
Article • August 15, 2013
$5,001 Paid for Failing to Protect Florida Prisoner by While held at Florida’s Martin Correctional Institution in January 1992, the plaintiff prisoner was attacked by two prisoners, sustaining serious stab wounds to the head, face, shoulders, as well as multiple minor injuries, along with a broken dental plate. Plaintiff alleged …
Article • August 15, 2013
$30,000.00 Settlement Reached in False Imprisonment Suit Against Washington Department of Corrections by A $30,000 settlement was reached in an action filed against the Washington Department of Corrections (D.O.C.) for miscalculation of good-time credits resulting in false imprisonment. Charles D. Hardt was a prisoner at Airway Heights Correctional Center. With …
$450,000 Settlement in Prisoner’s Heroin Withdrawal Death Suit by In May, 2003, Prison Health Services (PHS) agreed to pay the family of Candace “Candy” Brown $450,000 to settle a lawsuit alleging inadequate medical care that resulted in Brown’s death. Brown was arrested in 2000 and taken to New York’s Monroe …
Article • August 15, 2013
Filed under: Searches, Strip Searches
$800,000 Settlement in Illegal Strip Search Claim Against Kentucky Jail by The parties to a class action lawsuit that alleged persons arrested for non-violent, non-drug-related misdemeanor offenses were strip searched illegally at Kentucky’s Bullitt County Detention Center (the Jail) have reached a settlement agreement. Under its terms, the Jail will …
Article • August 15, 2013
A Federal Prisoner Found Guilty of Making False Statements by A federal jury convicted a prisoner of making false statements against guards at a federal prison in Florida. A jury in the U.S. District Court in Miami, Florida, convicted Dalin Pico Rodriguez under Title 18, U.S.C., Section 1001 of two …
Article • August 15, 2013
Affordable Housing Reduces Crime by The Justice Policy Institute (JPI), a Washington, D.C.-based think tank dedicated to ending society’s reliance on incarceration, issued a research brief examining the correlation between housing and public safety. America has the highest incarceration rate in the world, with 1.4 million people in prison and …
Article • August 15, 2013
Angry Oregon Prisoner's Excessive Force Suit Dismissed Mid-Trial by A former Oregon prisoner who turned down a $60,000 excessive force settlement, fired his attorney and represented himself at trial was his own worst enemy. Fed up with his disruptive, disrespectful behavior, a federal judge dismissed his case mid-trial. On April …
Article • August 15, 2013
Attorney’s Fees Not Automatic Under Florida Rule 1.380 by Florida’s Fourth District Court of Appeals has held that a defendant is not entitled to attorney’s fees for a plaintiff’s refusal to admit the central issue of fact in a civil case. Before the Court was the appeal of Walter Shaw …
Article • August 15, 2013
Bodily Injury Enhancement in Federal Guidelines Requires Significant Injury by The Tenth Circuit Court of Appeals held that injuries sustained by a jail guard were insufficient to sustain a two-level sentence enhancement for bodily injury. While imprisoned at Utah’s Weber County Jail on November 21, 2004, federal prisoner Francisco Mejia-Canales …
Article • August 15, 2013
Filed under: Sentencing, Good Time
BOP Good Time Regulation Promulgated in Violation of the APA; No Relief for Violation Ninth Circuit Holds by The Bureau of Prisons (BOP) regulation affording federal prisoners 54 days of good conduct time (GCT) for each year served was promulgated in violation of the Administrative Procedures Act (APA), the U.S. …
An Innocent Man Speaks: PLN Interviews Jeff Deskovic by On April 9, 2013, Prison Legal News editor Paul Wright sat down with Jeffrey Deskovic as part of PLN's ongoing series of interviews concerning our nation's criminal justice system. Previously, PLN interviewed famous actor Danny Trejo [PLN, Aug. 2011, p.1] and …
Article • August 15, 2013 • from PLN August, 2013
Filed under: News, News in Brief
News in Brief by Alabama: Alabama Department of Corrections guard Bryant Thompson and former guard Quincy Walton are the subjects of a 29-count indictment unsealed on March 8, 2013, charging them with federal tax crimes. They are accused of a scheme in which Thompson obtained prisoners' Social Security numbers and …
Article • August 15, 2013 • from PLN August, 2013
Report: BOP Fails to Monitor Effects, Conditions of Segregated Housing by Derek Gilna In May, 2013, the U.S. Government Accountability Office (GAO) issued a report critical of the federal Bureau of Prisons' (BOP) use of segregated housing. The report found that the percentage of prisoners held in segregated housing, including …
Article • August 15, 2013 • from PLN August, 2013
From the Editor by Paul Wright As I write this month's editorial, prisoners in California are staging the largest hunger strike and food boycott in U.S. history to protest the California prison system's policy and practice of indefinite solitary confinement for thousands of prisoners spanning years and even decades. For …
Article • August 15, 2013 • from PLN August, 2013
Filed under: International, Immigration
Supreme Court Holds Padilla Not Retroactive by Derek Gilna In Padilla v. Kentucky, 130 S.Ct. 1473 (2010) [PLN, Aug. 2010, p.11], the U.S. Supreme Court held that attorneys have an obligation to advise their non-citizen clients that they face the collateral consequence of deportation if they plead guilty to a …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Civil Procedure, Sanctions
Sixth Circuit Addresses Spoliation Sanction Standard by In holding that the determination of a spoliation sanction should be left to the discretion of the district court, considering the facts of each case individually, the Sixth Circuit Court of Appeals held it would not upset a district court's decision unless it …
Article • August 15, 2013 • from PLN August, 2013
Please Stop "Reforming" Pelican Bay by Maya Schenwar Please Stop "Reforming" Pelican Bay by Maya Schenwar "I took my first photograph last November. That's one picture in 17 years," Pelican Bay prisoner Jimmy Flores writes to me. He lives in the California prison's Secure Housing Units (SHUs) – solitary confinement …
Article • August 15, 2013 • from PLN August, 2013
West Virginia Court-Supervised Parole and Condition Barring Association with Spouse Upheld by West Virginia's Supreme Court has upheld a circuit court's authority to impose court-supervised parole, and affirmed a parole condition that barred a parolee's association with convicted felons – including her spouse. On June 9, 2009, Karen Tanner pleaded …
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