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Texas State Equipment and Employees Used for Private Prison Labor Lobbying by Matthew Clarke by Matthew T. Clarke Republican State Representative Ray Allen of Grand Prairie, Texas, Chairman of the Texas House Corrections Committee, has been using his state employees and state equipment to operate a private firm that specializes …
Rhode Island Prisoner Awarded $3,900 for False Imprisonment by A Rhode Island jury awarded a prisoner $3,900 for false imprisonment on April 21, 2004. In August 1994, William Ross was incarcerated and held by the Rhode Island Department of Corrections (RIDOC) on a minor larceny charge. During his incarceration, the …
Article • April 15, 2005 • from PLN April, 2005
Georgia Prison Official Immune, Prison Nurse Not, in Prisoner's Suicide by by Robert H. Woodman The Court of Appeals of Georgia, Second Division, affirmed in part and reversed in part the judgment of the Gwinnett Superior Court in a case brought against a prison official, a prison nurse, and other …
Article • April 15, 2005 • from PLN April, 2005
Race-Based California Prison Job Lockout May Violate Equal Protection by by John E. Dannenberg A divided panel of the Ninth Circuit U.S. Court of Appeals held that during a California prison partial lockdown limited to two ethnic populations, prison officials' exclusion from early return-to-work of pre-screened critical" prisoner workers solely …
Illinois Appeals Court Reinstates Prisoner's Disciplinary Mandamus Petition by The Appellate Court of Illinois, Fourth District, held that prisoner in the Illinois Department of Corrections (DOC) had adequately stated causes of action for mandamus relief pertaining to disciplinary sanctions imposed against him. On September 11, 2002, William Cannon, Jr., a …
New Jersey DOC Liable for Prisoner Death Caused by CMS by Robert Woodman by Robert H. Woodman The Superior Court of New Jersey, Appellate Division, partly affirming a New Jersey prisoner's estate's suit, held that the New Jersey Department of Corrections (DOC) could be held liable for the negligence of …
Article • April 15, 2005 • from PLN April, 2005
No Miranda Error During FBI Office Interrogation Where Parolee Knew He Was Free To Leave by by John E. Dannenberg An en banc panel of the Ninth Circuit U.S. Court of Appeals held that no Miranda violation occurred in failing to suppress an interrogee's statement taken in the office of …
Fifth Circuit Allows Sexual-Orientation Discrimination in Texas Prisoner Rape Suit by Matthew Clarke by Matthew T. Clarke The Fifth Circuit court of appeals held that a homosexual prisoner who prison officials allegedly allowed to be repeatedly sexually assaulted and made a sex slave may sue the prison officials for both …
California Corrections System Officially Declared Dysfunctional" - Redemption Doubtful by California Corrections System Officially Declared Dysfunctional" - Redemption Doubtful by Marvin Mentor Culminating a multi-year crescendo of criticism leveled at California's Corrections system from frustrated legislative, judicial and executive leaders, the Corrections Independent Review Panel (CIRP) recently tasked by Governor …
Article • March 15, 2005 • from PLN March, 2005
Filed under: Sentencing, Good Time, Probation
Five Florida Cases Remanded for Award of Jail or Prison Credits by Florida's Second and Fifth District Courts of Appeals have remanded five separate cases for the award of jail or prison credit. Each case was filed under Florida Rules of Criminal Procedure 3.800(a) alleging illegal sentences were imposed for …
Article • March 15, 2005 • from PLN March, 2005
South Carolina Prison Officials Cheat Charity, Attempt Coverup by South Carolina Prison Officials Cheat Charity, Attempt Coverup by Michael Rigby Officials at South Carolina's Lieber Correctional Institution (LCI) were supposed to be supplying free prison labor to a charity that builds portable housing for the elderly. Instead, they were stealing …
Article • March 15, 2005 • from PLN March, 2005
Ohio Lawyer Suspended for Promising Favor from Judge for Money by Ohio Lawyer Suspended for Promising Favor from Judge for Money by Robert H. Woodman Overruling a more lenient recommendation from the Board of Commissioners on Grievances and Discipline, the Ohio Supreme Court indefinitely suspended Dayton attorney Daniel L. O'Brien …
Article • March 15, 2005 • from PLN March, 2005
Filed under: Guards/Staff, Guard Unions
Washington Guards Settle Lawsuits For $7,270,000 And $810,000, Lose Third by by Michael Rigby When most people hear prison lawsuit," they think of prisoners as the initiators. But the truth is, guards and other disgruntled prison workers are prolific litigators as well. In 2004, for instance, Washington's Pierce County Superior …
Article • March 15, 2005 • from PLN March, 2005
From the Editor by by Paul Wright On February 1, 2005, the Ninth Circuit US court of appeals upheld the injunctions in Prison Legal News v. Lehman, 272 F. Supp.2d 1151 (WD WA 2003) which require that the Washington Department of Corrections deliver PLN's subscription renewal letters, book and subscription …
Article • March 15, 2005 • from PLN March, 2005
Harsher Oregon Parole Statute Cannot Be Applied Retroactively by by John E. Dannenberg A divided panel of the Ninth Circuit U.S. Court of Appeals ruled that Oregon's Revised Statute § 144.125(3)(a) (1993) was an ex post facto law as applied to denying parole to an Oregon prisoner whose crime predated …
Article • March 15, 2005 • from PLN March, 2005
Problems Plague Illinois Jails And Prisons, Employees Watch Television for Pay by Michael Rigby Problems Plague Illinois Jails And Prisons, Employees Watch Television for Pay by Michael Rigby While Illinois Governor Rod Blagojevich was using Department of Corrections (DOC) resources to monitor his image on television, sex, drugs, and violence …
Connecticut Woman Gang-Raped In Sheriff's Van Settles Suit For $480,000 by by Michael Rigby The State of Connecticut has paid $480,000 to settle a lawsuit brought by a female prisoner who was gang-raped by male prisoners in the back of a sheriff's van. On August 18, 1999, S.C. was a …
Article • March 15, 2005 • from PLN March, 2005
Prison Population Still Rising in Mid-Year 2003 by by Robert H. Woodman In May, 2004, the Bureau of Justice Statistics (BJS) reported that as of June 30, 2003, the total State prison and jail population rose 2.6% from the same date in the previous year, while the Federal prison population …
Wrongfully-Convicted Missouri Woman Receives $7.5 Million After 16 Years in Prison by Wrongfully-Convicted Missouri Woman Receives $7.5 Million After 16 Years in Prison by Matthew T. Clarke On September 14, 2004, the St. Louis suburb of Dellwood settled a suit by a woman wrongfully convicted of murder for $7.5 million. …
Exhaustion of Administrative Remedy Requirement May be Excused by The Second Circuit Court of Appeals has held that the failure to exhaust administrative remedies may be excused in limited circumstances and should be excused in this case. This civil rights action arose from events that occurred while Ivan Rodriguez was …
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