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Article • March 15, 2005 • from PLN March, 2005
Judges Of Death by Mumia Abu-Jamal As the nation pondered the fate of a young California man being sentenced to death, the case of another man, one lesser-known, one without wealth or whiteness, comes back before the nation's highest court, after having been shunted through a series of killing courts …
Article • March 15, 2005 • from PLN March, 2005
Filed under: Sentencing
U.S. v. Booker: The Left Wing Gives and the Right Wing Takes Away by David Zuckerman U.S. v. Booker: The Left Wing Gives and the Right Wing Takes Away by David Zuckerman As federal prisoners are well aware, the facts found by a jury often bear little relation to the …
Article • March 15, 2005 • from PLN March, 2005
Fulton County Jail under Federal Control by by David M. Reutter For the second time since 1999, Georgia Federal District Judge Marvin H. Shoob has taken over supervision of the Fulton County Jail. Fulton County Jail Sheriff, Jacquelyn H. Barrett, told the court to go ahead, telling the court that …
Delaware Prisoner's $100,000 Damage Award For Retaliation Upheld by by Michael Rigby A disabled Delaware prisoner's $100,000 damage award for retaliation will stand, a federal district court in Delaware has held. On August 20, 1999, Roger Atkinson, a blind prisoner with a host of medical problems, sued Delaware prison officials …
NO FTCA or IIED Claims Stated in Oregon Testicular Radiation Case by The Ninth Circuit Court of Appeals held that a prisoner who voluntarily participated in testicular radiation experiments while in prison did not establish a Federal Tort Claims Act (FTCA) violation. The court also held that the prisoner did …
Uprising by Vermont Prisoners Damages CCA Prison in Kentucky by Matthew Clarke by Matthew T. Clarke On September 14, 2004, a prisoner uprising rocked the 816-bed, 88-acre Lee Adjustment Center (LAC), a private prison owned and operated by Corrections Corporation of America (CCA) in Lee County, Kentucky. The Prison LAC …
Article • March 15, 2005 • from PLN March, 2005
9th Circuit Explains Habeas Jurisdiction Under 28 U.S.C. § 2254, Upholds Washington Transfer to Priv by 9th Circuit Explains Habeas Jurisdiction Under 28 U.S.C. § 2254, Upholds Washington Transfer to Private Prison The U.S. Court of Appeals for the Ninth Circuit has held that a state prisoner serving time on …
Destruction of Exculpatory Disciplinary Evidence May Violate Due Process Clause by The U.S. Court of Appeals for the Second Circuit has affirmed the U.S. District Court for the Southern District of New York's order denying prison officials' motion for summary judgment on qualified immunity grounds in a prison discipline case. …
Article • March 15, 2005 • from PLN March, 2005
Pay To Play: Guard Union Spreads the Wealth by From January 3, 2000 to February 9, 2004, 26 of the 40 California state Senators and 50 of the 80 Assembly Members received funds - ranging from $1,000 to $333,000 - from the California Correctional Peace Officers Association (CCPOA), the guards …
Article • March 15, 2005 • from PLN March, 2005
New York Jail Settles Strip-Search Suit For $2.7 Million by On March 10, 2004, the parties involved in a class action lawsuit over unlawful strip-searches performed during intake at the Rensselaer County (New York) Jail agreed to settle the case for $2.7 million. On various occasions between June 26, 1999 …
Article • March 15, 2005 • from PLN March, 2005
Fourth Circuit Reinstates Federal Prisoner's FTCA Claim by In an unpublished decision involving a prisoner's lawsuit under the Federal Tort Claims Act (FTCA), the U.S. Fourth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of the prisoner's claim. Dwayne Manning, a federal prisoner, alleged …
Article • March 15, 2005 • from PLN March, 2005
Summary Judgment Reversed In Los Angeles Jail Over-Detention Suit by In a suit for damages against Los Angeles County Sheriff Leroy Baca for over detention of jail prisoners court-ordered for release, the Ninth Circuit U.S. Court of Appeals held that summary judgment for Baca was not available where the facts …
Article • March 15, 2005 • from PLN March, 2005
Filed under: Searches, Arrestee Searches
New York Jail's Strip Search Policy Permanently Enjoined by A federal court in New York held that the Orange County Correctional Facility's (OCCF) strip search policy violated the Fourth Amendment by authorizing strip searches without individualized reasonable suspicion that a detainee possessed contraband. The court found that the balance of …
Article • March 15, 2005 • from PLN March, 2005
Washington Community Custody Sanctions Upheld by The Washington State Court of Appeals for Division 2 has affirmed a trial court's imposition of sanctions for community custody violations, for which the State Department of Corrections (DOC) had previously sanctioned Michael David Collins. In January 2002, Collins was convicted of assault with …
Article • March 15, 2005 • from PLN March, 2005
Oregon Ban On Sexually Explicit Mail, Fantasy Games Upheld, State Law Claims Remanded by The Ninth Circuit federal Court of Appeals held that Oregon prison officials did not violate a prisoner's rights to freedom of speech and due process by refusing to deliver publications purportedly containing sexually explicit and role-playing …
Harsh Pre-trial Conditions of Confinement Justify Reduced Federal Sentence by Harsh Pre-trial Conditions of Confinement Justify Reduced Federal Sentence by Matthew T. Clarke A New York federal court has held that harsh pre-trial conditions of confinement justify a downward departure in the Federal Sentencing Guidelines. Jubelequis Mateo, a New York …
Article • March 15, 2005 • from PLN March, 2005
Pennsylvania Statute Banning Sex Between Staff and Prisoners Upheld by In a unanimous decision, the Pennsylvania Supreme Court reversed a trial court ruling that had found a Pennsylvania statute prohibiting sex between prisoners and prison staff unconstitutional. The court remanded the case to the lower court for trial. Eileen Mayfield …
Delaware Prisoner Killed In Hostage Standoff, Counselor Raped by By Michael Rigby On July 12, 2004, Scott A. Miller, a Delaware prisoner serving a 699-year sentence for rape, assault and kidnapping, was shot to death by a prison guard at the Delaware Correctional Center. The shooting ended a 6 ½ …
Article • March 15, 2005 • from PLN March, 2005
$78,435 in Attorney Fees for Successful Challenge to Pennsylvania's Megan's Law by by Matthew T. Clarke A federal court in Pennsylvania has awarded the plaintiff's attorneys $78,435 in attorney fees and costs in an action that challenged the application of the community notification provision-of Pennsylvania's Registration of Sex Offenders Act …
Article • March 15, 2005 • from PLN March, 2005
PHS and Florida Sheriff Fight Over Liability in Jail Beating Death Suit by Florida's Second District Court of Appeals has reversed the grant of summary judgment to the Florida Association of Counties Trust (FACT) and the Sheriff of Polk County in a lawsuit seeking indemnification by Prison Health Services (PHS). …
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