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Article • January 15, 2005 • from PLN January, 2005
Filed under: Sentencing, Parole
Washington ISRB Departure From Standard Sentencing Range Upheld by Washington ISRB Departure from Standard Sentencing Range Upheld The Washington Supreme Court has affirmed the State Indeterminate Sentence Review Board's (ISRB) extension of a sex offender's sentence beyond the standard range under the state's Sentencing Reform Act (SRA). Chapter 9.94A RCW. …
Article • January 15, 2005 • from PLN January, 2005
Illinois ETS Injury Claim Allowed To Proceed; Out-of-State Legal Materials Ordered Provided by John E Dannenberg by John K Dannenberg Resolving two distinct complaints of an Illinois state prisoner, the Seventh Circuit U.S. Court of Appeals ruled that (1) where injury from ETS [second-hand cigarette smoke] was alleged at one …
Article • January 15, 2005 • from PLN January, 2005
Public and Press Have First Amendment Right to Access Court Docket Sheets by David Reutter by David M. Reutter The Second Circuit Court of Appeals has held that the public and press enjoy a qualified First Amendment right of access to court docket sheets. This case was filed by the …
Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault by The Sixth Circuit Court of Appeals held a warden may be found to be deliberately indifferent to a male-to-female transsexual prisoner's safety where the prisoner was housed in the Protective Custody Unit (PCU) with a …
Article • January 15, 2005 • from PLN January, 2005
Prisoner Stated Deliberate Indifference Claim, But Summary Judgment Denial Reversed by Prisoner Stated Deliberate Indifference Claim, but Summary Judgment Denial Reversed In a case with a long, unusual procedural history, the U.S. Sixth Circuit Court of Appeals affirmed a federal district court's denial of prison officials' motion to dismiss for …
Article • January 15, 2005 • from PLN January, 2005
Filed under: News, News in Brief
News in Brief by News in Brief: Afghanistan: On December 17, 2004, troops of the American puppet regime stormed the Pul-e Charkhi jail in Kabul where four prisoners, three Pakistanis and an Iraqi, had attempted to escape by killing and disarming a jail guard and using his automatic rifle to …
Article • January 15, 2005 • from PLN January, 2005
Arizona Adopts Favorable Termination Rule in Attorney Malpractice Suits by The Arizona Supreme Court has ruled that a cause of action accrues for attorney malpractice on the date the case is finalized in favor of the defendant because of the attorney's ineffective assistance. This rule is called the favorable termination …
Article • December 15, 2004 • from PLN December, 2004
Illinois Appeals Court Reinstates Prisoner's Telephone Disconnect Suit by The Illinois Court of Appeals for the Third District reinstated a prisoner's lawsuit against Ameritech over the company's alleged fraudulent intentional early disconnecting of prisoner phone calls. Johnnie Flournoy, an Illinois state prisoner, filed suit in state court alleging fraud and …
Article • December 15, 2004 • from PLN December, 2004
Wisconsin District Court Reversed; PLRA Fee Limits Constitutional, Says Seventh Circuit by In a 6-5 decision marked by a plurality opinion and a strongly-worded dissent, the en banc Seventh U.S. Circuit Court of Appeals reversed the U.S. District Court, Western District of Wisconsin, and held that provisions of the Prison …
Nevada Prisoner Killed in Rec Yard Riot by Nevada Prisoner Killed In Rec Yard Riot On July 13, 2004, racial tension at the High Desert State Prison in southern Nevada erupted into a deadly riot. The fighting, reportedly between Blacks and Hispanics on the rock-strewn recreation yard, left one prisoner …
Article • December 15, 2004 • from PLN December, 2004
"Therapeutic Seclusion" of Civilly Committed Sex Offenders Contrary to Professional Judgment by David Reutter "Therapeutic Seclusion" of Civilly Committed Sex Offenders Contrary to Professional Judgment by David M. Reutter The Seventh Circuit Court of Appeals has held that civilly committed sex offenders are entitled, as a matter of due process, …
Article • December 15, 2004 • from PLN December, 2004
BOP Fires Prison Guard Accused of Rape, Attempted Murder by BOP Fires Prison Guard Accused Of Rape, Attempted Murder A federal prison guard charged with the kidnapping, rape, and attempted murder of an 18-year-old woman has been fired from the Federal Correctional Institution in Sheridan, Oregon. Robert James Stamper Jr.'s …
Article • December 15, 2004 • from PLN December, 2004
New Jersey Vegetarian Meals Satisfy Halal Dietary Obligations by John E Dannenberg by John E. Dannenberg The Third U.S. Court of Appeals held that legitimate cost and convenience factors supported the New Jersey Department of Corrections' (NJDOC) decision to provide the 280 observant Muslims with only vegetarian Halal (Islamic ritually …
Article • December 15, 2004 • from PLN December, 2004
Qualified Immunity Granted for Warrantless Parole Search by The Second Circuit Court of Appeals held that parole officers' warrantless entry into a homeowner's residence was per se unreasonable and violated the homeowner's Fourth Amendment right to be free from unreasonable searches. The court further held, however, that the officers were …
New York Prison Officials Denied Qualified Immunity in Revoking Prisoner's Temporary Release by The U.S. Second Circuit Court of Appeals, reversing the U.S. District Court, Southern District of New York, held that prison officials violated a state prisoner's civil rights by revoking his temporary release program participation without a hearing …
Article • December 15, 2004 • from PLN December, 2004
Hermaphroditic Wyoming Prisoner Awarded $1,000 for 14 Months in Solitary by Hermaphroditic Wyoming Prisoner Awarded $1,000 For 14 Months In Solitary In a bench trial, the U.S. District Court for the District of Wyoming has awarded $1,000 to a hermaphroditic Wyoming state prisoner who was made to serve her entire …
Article • December 15, 2004 • from PLN December, 2004
Florida's $4 Administrative Processing Fee for Prisoner Banking Fees Challenged by David Reutter by David M. Reutter A class action suit filed in Florida's Leon County Circuit Court challenges a new law enacted by the Florida Legislature in its 2004 session. That Legislature amended § 944.516, Florida statutes, to add …
Business as Usual by Todd Matthews Wackenhut further angered state officials by saying they must pay for the empty bed space at the Santa Rosa facility caused by transferring prisoners to the Virginia supermax. According to the state's contract, Wackenhut claimed, the state must pay as though the prison is …
Death Exposes Inadequate Mental Health Care in Oregon Prisons by Mark Wilson On April 29, 2002, the tormented life of 45-year-old Oregon prisoner William Owens came to a tragic end in the Disciplinary Segregation Unit (DSU) of the Snake River Correctional Institution (SRCI). His death exposed numerous problems with the …
Article • December 15, 2004 • from PLN December, 2004
Judge Barkett Dissents from Expansion of "In Custody" Meaning for PLRA purposes by Judge Barkett Dissents from Expansion of "In Custody" Meaning for PLRA purposes Judge Barkett has dissented from the denial of en banc review of an Eleventh Circuit Court of Appeals decision that held the Prison Litigation Reform …
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