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Article • April 15, 2013 • from PLN April, 2013
Law Man: My Story of Robbing Banks, Winning Supreme Court Cases, and Finding Redemption, by Shon Hopwood and Dennis Burke (Crown, August 2012). 320 pages, $25.00 hardcover by Lisa McElroy Book review by Lisa McElroy In the Spring of 2003, the phone on Seth Waxman’s desk rang. “Will you accept …
Article • April 15, 2013 • from PLN April, 2013
Ninth Circuit Vacates Federal Prison Sentence Imposed by Non-trial Judge by by Derek Gilna Federal prisoner William Harris’ 188-month sentence for assaulting a prison guard was reversed by the Ninth Circuit Court of Appeals on May 25, 2012, based on a violation of Federal Rule of Criminal Procedure 25(b) “with …
Article • April 15, 2013 • from PLN April, 2013
California: Condition of Parole Restricting Parolee from Residing Near Victim’s Next of Kin Held Invalid by The California Court of Appeals has held that Penal Code section 3003(f), which limits a parolee convicted of certain offenses from living within 35 miles of the victim or witness to the crime – …
Article • April 15, 2013 • from PLN April, 2013
Native Americans Overrepresented in Prison; Problems with Tribal Police Cited by The Trail of Tears lives on. It still winds its way through dilapidated Native American villages on reservations across the United States that are impoverished, starved of resources and pockmarked by dysfunction and discrimination. Almost two centuries after indigenous …
Article • April 15, 2013 • from PLN April, 2013
Utah Potentially Liable for Juvenile’s Death; Incarceration Exception to State’s Immunity Inapplicable by The Utah Supreme Court has that the “incarceration exception” to the state’s waiver of sovereign immunity does not apply to a juvenile offender’s placement in an unsecured community-based proctor home. Sixteen-year-old Dillon Whitney was charged with several …
Article • April 15, 2013 • from PLN April, 2013
Seventh Circuit: Cost Bond Improper Tool to Address Prisoner’s Frivolous Filings by On May 30, 2012, the Seventh Circuit Court of Appeals reversed an Illinois federal district court’s order that imposed a cost bond on an indigent prisoner which the court knew he could not afford, holding that such an …
Article • April 15, 2013 • from PLN April, 2013
Time for Sentencing Reform by George Gascón From the Capitol to the courtrooms, prosecutors can chart a new path on public safety by championing at both local and state levels one of the biggest ways we can transform our justice system in this generation – sentencing reform. Right now, the …
Article • April 15, 2013 • from PLN April, 2013
Filed under: Work, Prison Industries
California Prison Industry Authority Loses $24 Million in Last Two Years but Reduces Recidivism by In January 20013, California's Prison Industry Board (PIB) submitted its annual report to the state legislature regarding the activities and financial status of the California Prison Industry Authority (CALPIA), the agency it is charged with …
Article • April 15, 2013 • from PLN April, 2013
More Oregon Prison Employees Accused of Sexual Abuse by As previously reported in PLN, between 2006 and 2009, employees at Oregon’s only women’s prison were charged with sexually abusing more than a dozen female prisoners. [See: PLN, Nov. 2010, p.18; July 2009, p.47]. The abuse continues unabated, with at least …
Article • April 15, 2013 • from PLN April, 2013
Filed under: News, News in Brief
News in Brief by Maryland: Jerod Pridget, 29, incarcerated at the Western Correctional Institution, died on November 28, 2012 after being severely beaten by another prisoner and transferred to an outside medical facility. Pridget was serving an 18-month sentence; his family said he was “unrecognizable” due to the injuries to …
$1,008 in Damages Awarded to Illinois State Prisoner by A federal jury awarded Gregory J. Turley, an Illinois state prisoner, $1,008 in compensatory and punitive damages for the retaliatory actions of two guards. Turley sued guards Julie Marry and Robert Gales, and Warden Roger Cowan for retaliation. In May 200, …
Article • April 15, 2013
1st Circuit Affirms Federal Tort Claims Judgment Against FBI in Bulger Cases by Derek Gilna The U.S. Court of Appeals for the 1st Circuit has affirmed the judgments entered against the Federal Bureau of Investigation, (FBI), under the Federal Tort Claims Act, (FTCA). In the most recent chapter of the …
Article • April 15, 2013 • from PLN April, 2013
FBI’s National Crime Data Found to be Flawed, Manipulated by As it turns out, the FBI's annual reports on crime in the United States are only slightly more credible than campaign promises and Big Foot sightings. An August 2012 investigative analysis by the Milwaukee Journal-Sentinel found that the overwhelming majority …
Article • April 15, 2013 • from PLN April, 2013
Filed under: News
Colorado Seeks New Use for Empty Prison by When Colorado Governor John Hickenlooper announced the closure of the Fort Lyon Correctional Facility in Las Animas, Brent County officials became despondent. The prison was an economic mainstay of the tiny county. “There’s no question the jobs leaving the community are some …
Article • April 15, 2013 • from PLN April, 2013
Pennsylvania Officials Link Halfway House Payments to Recidivism Rates by Derek Gilna Community corrections centers, also known as halfway houses, receive a great deal of money to help prepare prisoners to reenter society. Unfortunately, according to a recent study in Pennsylvania, the state’s 38 halfway houses with 4,313 beds have …
Article • April 15, 2013 • from PLN April, 2013
Forcible Cutting of Illinois Prisoner’s Dreadlocks Found Unconstitutional by The Seventh Circuit Court of Appeals has held that an Illinois prison guard violated the First Amendment rights of a prisoner by ordering his dreadlocks to be forcibly shorn. The appellate court further held the guard was not entitled to qualified …
Article • April 15, 2013 • from PLN April, 2013
Defendants Must Challenge Joint and Several Liability for Attorney Fees on Initial Appeal or Issue is Waived by On May 22, 2012, the Ninth Circuit Court of Appeals held that defendants found liable for civil rights violations had failed to challenge in their initial appeal an order that they were …
Delaware Court Decides Financial Dispute Involving Prison Healthcare Company by Derek Gilna A complaint brought in the Court of Chancery of Delaware to appraise the value of a prison healthcare company inadvertently shed light on the big business of providing contracted correctional services. Certain shareholders of Just Care, Inc., a …
Article • April 15, 2013 • from PLN April, 2013
Court Upholds California Prison Guard’s Termination for Telling Prisoner to Hang Herself by In March 2012, the California Court of Appeal, 4th District, affirmed a lower court’s judgment that reinstated the termination of a former state prison guard, Thomas Norton, who had told a mentally ill female prisoner to hang …
South Carolina Sheriff Indicted; Fourth Sheriff to Face Criminal Charges in Three Years by Christopher Zoukis A South Carolina Sheriff has been removed from office following his indictment on criminal charges of misconduct and furnishing contraband to prisoners. Chesterfield County Sheriff Sanford (“Sam”) Marion Parker, Jr. was suspended by Governor …
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