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Brief • December 7, 2009
Schwarzenegger v. Plata, CA, Joint MTD, Prison Overcrowding and Medical Neglect, 2009 No. 09-416 IN THE GOVERNOR ARNOLD SCHWARZENEGGER, et. al., Appellants, v. MARCIANO PLATA AND RALPH COLEMAN, et. al., Appellees. Appeal from the United States District Courts For the Eastern District of California and The Northern District of California …
Pennsylvania County Prisons Mired in Conditions Litigation by David Reutter by David M. Reutter Whether or not a large number of lawsuits is indicative of management or operational problems at a prison or jail is a matter of debate that depends on one’s perspective – that is, which side of …
Article • November 15, 2009 • from PLN November, 2009
Former North Dakota State Psychologist Who Treated Sex Offenders Busted for Child Porn by Facing a sentence ranging from 5 to 30 years, Joseph Belanger, a North Dakota psychologist who treated sex offenders at the State Hospital in Jamestown, was sentenced on January 28, 2009 to 84 months in federal …
Devoe v. Broaddus, CO, Second Amended Complaint, Medical Negligence, 2009 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00711-PAB-BNB DEBRA KAY DEVOE, Plaintiff, vs. MARK BROADDUS in his Individual Capacity as Warden, SUSAN ROBERTS in her Individual Capacity as CNM, NP, JENNIFER COUNTRYMAN-TRUJILLO, in …
Article • October 15, 2009 • from PLN October, 2009
Perpetrators and Enablers of Torture in the US by Corey Weinstein by Corey Weinstein, MD, CCHP During the past 25 years I’ve spent a lot of time with survivors of torture, men and women enduring long term solitary confinement in California’s prisons. They are the most urgent victims of US …
Article • October 15, 2009
Filed under: Mental Health
Is It Time to Ban Solitary Confinement? by Julia Dahl By Julia Dahl (The Crime Report) Some call it torture, some call it proper punishment. But in Maine, long-term solitary confinement may soon be illegal. Last week’s episode of Law & Order: SVU centered around a man who, after assaulting …
Problems at Washington’s Civil Commitment Center Continue by Matthew Clarke by Matt Clarke On July 30, 2008, Paepaega Matautia, Jr., 39, a mail room guard at the Special Commitment Center (SCC) for sex offenders on McNeil Island in Washington state, was arrested on federal charges of attempting to possess and …
$1.8 Million Settlement in Beating of Florida Jail Prisoner by by David M. Reutter Florida’s Broward County Sheriff’s Office (BCSC) agreed to pay $1.8 million to settle a civil rights action, in mid-trial, brought by a former prisoner who was left brain damaged after a beating from other prisoners, who …
$4.7 Million Settlement for Brain Damage Caused by Washington Jail Negligence by Washington State’s Kitsap County Jail paid $4.7 million to settle a lawsuit that alleged its failure to properly care for a developmentally disabled man left him brain damaged from dehydration. William E. Trask, 44, was born developmentally disabled. …
Article • October 15, 2009 • from PLN October, 2009
Florida: For Sentence Calculation Purposes, Civil Commitment Detention Same as Jail Confinement by Florida’s Fourth District Court of Appeal has held that there is no meaningful distinction between incarceration in prison or jail and confinement in a sex offender civil commitment facility for the purposes of sentence calculation. The Court’s …
Article • October 15, 2009 • from PLN October, 2009
$145,000 Settlement in Iowa Prisoner’s Self-Mutilation Mental Health Claim by David Reutter by David M. Reutter The Iowa Department of Corrections (IDOC) paid $144,523.20 to settle a civil rights action that claimed prison officials sat idly watching a mentally ill prisoner physically maim herself. In 1976 at the age of …
Article • September 15, 2009 • from PLN September, 2009
Using Chemical Agents on Mentally Ill Prisoners Unconstitutional by David Reutter by David M. Reutter As the mentally ill become more prevalent within the nation’s prison population, guards and prison administrators face a dilemma when confronted with such a prisoner who is not conforming to prison rules. While it said …
Article • September 15, 2009 • from PLN September, 2009
$1 Million Settlement in Santa Clara, California Jail Suicide by California’s Santa Clara County paid $1 million to the estate of a mentally ill prisoner who committed suicide at the Santa Clara County Jail (SCCJ). The estate’s federal civil rights complaint claimed jail officials failed to provide necessary medical treatment …
Article • September 15, 2009
New Research on Prisoner Gambling: Correctional Considerations and Implications for Re-entry by D J Williams by Dr. D J Williams Independent Researcher, Los Angeles, CA Exclusive article written for Prison Legal News (October 2009) *The author wishes to thank the Alberta Gaming Research Institute for funding his research on prisoner …
Article • September 15, 2009
Sentence Enhancements Do Not Affect DOSA Sentence by A DOSA (Drug Offender Sentencing Alternative) sentence may include time that arises from a sentencing enhancement, the Court of Appeals of the State of Washington decided. Ray Roy Gutierrez pleaded guilty to delivery of a controlled substance. He was sentenced to 40 …
State May Lawfully Punish Sex Offender for Refusing to Participate in Sex Offender Program by Sex offenders may be denied certain privileges for refusing to participate in a sex offender treatment program without running afoul of the First and Fifth Amendments, the U.S. Court of Appeals for the Third Circuit …
$112,500 Settlement in Kitsap County Jail Wrongful Death by Washington State’s Kitsap County Jail paid $112,500 to settle the lawsuit of the estate of Desiree Wilson, who hanged herself with a bed sheet tied to the smoke detector in her cell on April 22, 1997. Her death left her 4-year-old …
Article • September 15, 2009
California Appellate Court Orders Release of Sexually Violent Predator by In August 2001, Edwin V. Franklin was deemed by a jury to be a sexually violent predator (SVP) and, pursuant to California law, was civilly committed to Atascadero State Hospital. Two years later, Franklin's case was reviewed, was again found …
Article • September 15, 2009
Conviction Mandatory to Civilly Commit Under Sexually Violent Predator Act by The Supreme Court of California has held that in order to continue Sexually Violent Predator (SVP) proceedings against someone whose conviction has been reversed, the state must once again convict that person. In 1982, as well as 1988, David …
Article • September 15, 2009
Ninth Circuit Clarifies Standard for Forcibly Medicating Incompetent Defendant by United States prisoner Jose Hernandez Vasquez (defendant) appealed his court ordered forced medication to render him competent to stand trial. The order was vacated and remanded to institute parameters for government physicians' administration of medication and for a dangerousness inquiry. …
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