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Article • March 15, 2013
Filed under: Family, Fathers in Prison
Pennsylvania Supreme Court Clarifies Incarcerated Parents’ Rights by The Pennsylvania Supreme Court entered orders in two separate cases that affect the rights of incarcerated parents. The first reiterates the principle that a parent’s incarceration, standing alone, cannot constitute proper grounds for the termination of his or her parental rights. The …
Tenth Circuit Faults Kansas Prisoners' Representation; Upholds Dismissal of Compulsory Savings Account Challenge by Thanks largely to profoundly incompetent representation, the Tenth Circuit Court of Appeals affirmed the dismissal of a constitutional challenge to compulsory Kansas prison savings account policies. The Kansas Department of Corrections (KDOC) adopted policies requiring that …
Dismissal for Inability to Pay Monetary Sanctions Reversed by The Seventh Circuit Court of Appeals reversed the dismissal for failure to pay a $9,055.14 attorney fee sanction against an indigent Plaintiff. Bruce A. Williams brought federal suit against four Illinois police officers for false arrest and excessive force. He alleged …
Fifth Circuit Disallows Louisiana Deputy's Interlocutory Appeal by Matthew Clarke by Matt Clarke In an opinion filed on November 18, 2011, the Fifth Circuit Court of Appeals held that it had no jurisdiction over a Louisiana deputy's appeal from the denial of his motion for summary judgment based on qualified …
Article • March 15, 2013
Filed under: Appeals, Mail, Legal Mail
Oregon Service by Mail Adds 3 Days by The Oregon Court of Appeals vacated a lower court's dismissal of a prisoner's appeal as untimely. The court held that a state rule of civil procedure added three days to the applicable time limit. Oregon prisoner William Harvey sued Elizabeth Christie in …
Washington Appeals Court Denies Prisoner's Prison Account Funds Suit by The Court of Appeals of the State of Washington has upheld the state superior court's grant of summary judgment in which James A. Boyd had challenged the authority of Washington State to deduct funds from his prison account for an …
Seventh Circuit Affirms Imprisonment Does Not Promote Correction and Rehabilitation by Derek Gilna The Seventh Circuit Court of Appeals overturned the above-guidelines sentence wherein the sentencing judge stated he wanted the defendant to "get mental health treatment." In so ruling, the Seventh Circuit followed the case of Tapia v. United …
Article • March 15, 2013
Idaho Supreme Court Denies Bail Bondsmen Damage Claims by Derek Gilna In a recent decision, the Supreme Court of the State of Idaho has ruled against Allied Bail Bonds, Inc., who had appealed a lower state court decision denying it relief for several claims, including the alleged breach of a …
Article • March 15, 2013
Seventh Circuit Rules for State Officials in Prisoner Medical Co-pay Dispute by Derek Gilna The Seventh Circuit has upheld the district court dismissal of prisoner Peter Poole III’s complaint again the Big Muddy River Correctional Center in downstate Illinois over its refusal to waive what he felt was an unnecessary …
Article • March 15, 2013
Sixth Circuit Remands Wrongful Death Case to Reduce Punitive Damage Award by Derek Gilna Dorothy V. Freudeman was an elderly lady in poor health who was a resident of the Landing of Canton, (Ohio), an assisted living facility. While there she was apparently mistakenly given anti-diabetic medication, which resulted in …
Article • March 15, 2013
South Carolina Prisoner's Case Dismissed Under Three Strikes Rule of PLRA by Derek Gilna Prisoner James G. Blakely, according to the decision, “has pursued over forty cases in federal district court, ten appeals in this Court, and numerous suits in state court.” The case before the Fourth Circuit Court of …
Article • March 15, 2013
Filed under: Media, Censorship
NAACP Sues over Censorship of Criminal Justice Reform Ad by The NAACP has partnered with the ACLU of Pennsylvania to sue the city of Philadelphia, charging its rejection of an advertisement promoting criminal justice reform to appear at the Philadelphia International Airport (PHL) violates the First Amendment. The ad was …
Article • March 15, 2013
Wisconsin Prisoner Injured Dismantling Horse Stalls Awarded $14,000 by On July 2, 2010, the Wisconsin Supreme Court affirmed an award of about $14,000 to a prisoner injured while disassembling metal horse stalls at the state fair. The award followed the trial court’s finding a state fair supervisor was negligent in …
Article • March 15, 2013
Filed under: Telephones, Telephone Rates
Prepaid Telephone Credits Theft Leads to Change of Provider in Wisconsin Jail by On September 21, 2011, the Lake County, Wisconsin, Board of Commissioners voted unanimously to change the telephone service provider at the Lake County Jail from Public Communications Service (PCS) of Los Angeles to Telemate, LLC of Ontario, …
Article • March 15, 2013
California: Confidential Lifer Files Found Discarded in Dumpster Outside Prison by Mysteriously, the files of eight California prisoners serving life sentences turned up in a dumpster at a Shell gas station outside the California Men’s Colony (CMC) in San Luis Obispo. The files were found by a homeless couple looking …
Article • March 15, 2013
California: Corrections Department Donates Confiscated Cell Phones to Domestic Violence Awareness and Prevention Organizations by In recognition of October as Domestic Violence Awareness Month, the California Department of Corrections and Rehabilitation (CDCR) announced plans to donate thousands of confiscated cell phones to organizations that help victims of domestic violence. In …
Article • March 15, 2013
Denial of Satanic Bible Results in $100 Settlement by Brandon Sample Yellowstone County, Montana agreed to pay $100 to settle First Amendment and RLUIPA claims brought by a prisoner who was denied a Satanic Bible. While incarcerated at the Yellowstone County Detention Facility, Jason Indreland, a practicing Satanist, requested that …
Article • March 15, 2013
California: CDCR Pays $5,000 to Settle Failure-to-Protect Suit Brought by Pre-Operative Transsexual Prisoner by In April 2010, the California Department of Corrections and Rehabilitation (CDCR) signed off on a settlement agreement of $5,000 to Lorenzo Carl Paynes in exchange for a voluntary dismissal of Paynes’ federal lawsuit alleging that CDCR …
Article • March 15, 2013
Conflict of Interest Alleged in Termination of Probation Services Contract by Georgia’s Dekalb County has a $1 million contract with Judicial Correctional Services (JCS) to operate the County’s probation services. With the recommendation of his campaign manager, County CEO Burrell Ellis terminated JCS’s contract; a termination shrouded in controversy when …
Brief • March 15, 2013
Appell v. Stewart, TX, Amended Complaint, Jail Suicide, 2013 Case 1:12-cv-01027-SS Document 19 Filed 03/15/13 Page 1 of 10 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION § § § § § v. § § DONNY STEWART, SCOTTIE § SCOGGINS in their individual capacities, § SHERIFF BILL BLACKBURN, …
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