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Article • April 15, 2004 • from PLN April, 2004
Jail Rape Results in Reduced Sentence by An Alabama federal district court has reduced a female prisoner's sentence by a three-level downward departure based on her rape by a jail guard. Deborah Rodriguez pled guilty to possession with intent to distribute 382 kilograms of cocaine hydrochloride. After being raped by …
Article • April 15, 2004 • from PLN April, 2004
A Culture of Prosecutorial Misconduct by Peter Schmidt Review by Peter Schmidt The Center for Public Integrity (CPI), a non-profit, investigative journalism organization based in Washington, D.C., has recently published a major study on prosecutorial misconduct in America. The lengthy, empirical study, entitled Harmful Error: Investigating America's Local Prosecutors, which …
Article • April 15, 2004 • from PLN April, 2004
Court Questions Federal Assault Conviction on Private Prison Guard by Court Questions Federal Assault Conviction on Private Prison Guard In a case applicable to all federal pris-oners incarcerated in private and state prisons the Fifth Circuit Court of Appeals held a federal prisoner who assaults a private person employed at …
Article • April 15, 2004 • from PLN April, 2004
Blind Prisoner Must Exhaust Administrative Remedies by Blind Prisoner Must Exhaust Administrative Remedies The Fifth Circuit Court of Appeals held that a blind prisoner is not excused from the administrative exhaustion requirement of the PLRA, and that a state court finding the prison systems grievance procedure violates Louisiana's State Constitution …
Article • April 15, 2004 • from PLN April, 2004
Filed under: Sentencing, Good Time
California Presentencing Credits Upheld For Jail Time in Another County by John E Dannenberg California Presentencing Credits Upheld For Jail Time in Another County by John E. Dannenberg The California Supreme Court ruled that while a prisoner was on pre-trial bail from one county, but had been arrested for an …
Impeding Grievance Exhaustion May Violate Access to Courts by A U.S. District Court for the Eastern District of Wisconsin held that a prisoner's access to court was impeded because jail officials interfered with his ability to exhaust his administrative remedies with respect to several non-frivolous claims, which were dismissed for …
§ 1983 Disciplinary Challenge Available to Parolee Because Habeas Would Be Moot by John E Dannenberg § 1983 Disciplinary Challenge Available To Parolee Because Habeas Would Be Moot by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that a prisoner suing under 42 U.S.C. § 1983 for …
Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process by Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process The Ninth Circuit Court of Appeals held that under Oregon law, state mental hospitals have a duty to accept mentally incapacitated criminal defendants for evaluation and treatment, once certified as mentally incapacitated by …
Virginia Drug Treatment Program Still Violates Establishment Clause by Virginia Drug Treatment Program Still Violates Establishment Clause A federal district court in Virginia held that the Therapeutic Community Program (TCP) of the Virginia Department of Corrections violated the Establishment Clause of the First Amendment. The court also held, however, that …
$108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E Dannenberg $108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals approved attorney fees/costs totaling $108,352 for litigation efforts in gaining injunctive relief under the Americans …
Article • March 15, 2004 • from PLN March, 2004
Prison Rape Elimination Act of 2003 Signed into Law; Commission to Be Formed Soon by Paige Welch On September 4, 2003, President Bush signed the Prison Rape Elimination Act of 2003 (H.R. 1707), creating the first ever federal law to address rape behind bars. Appointing members to the new National …
CCA Closes Oklahoma Prison, Settles Tax Lawsuit Over Ohio Prison by Michael Rigby The turbulent economy of the past decade has led many communities across America to foolishly seek prisons as a recession proof industry and rural welfare program for poor whites. But prisons can be a double edged sword, …
Cornell Company - The Prison Industry's Enron by Gary Hunter It was not an earthshaking day when Cornell Corrections was founded in 1991. It was more like a pebble plummeting over a cliff, leading to a landslide of greed and corruption. Backed by Dillon Read Venture Capital, David Cornell's callous …
Article • February 15, 2004 • from PLN February, 2004
Justification for California Prisoner Shooting Death Disputed by Fresno County, California sheriff's investigators and California Department of Corrections' (CDC) officials disputed whether the shooting death of a Pleasant Valley State Prison (PVSP) prisoner on October 12, 2003 during a prison yard disturbance was justified based upon CDC's use-of-lethal-force protocol. Alejandro …
Article • February 15, 2004 • from PLN February, 2004
From the Editor by Paul Wright In this issue of PLN we report the filing of PLN's lawsuit against the federal Bureau of Prisons for their blanket ban on PLN at the ADX facility in Florence, Colorado and our suit against the Florida Department of Corrections for their blanket ban …
$40.1 Million Verdict Against CSC in Texas Prisoner's Medical Neglect Death by John E Dannenberg by John E. Dannenberg A Tarrant County, Texas jury awarded $35 million for negligence in the death of a boot camp prisoner, plus $5.1 million in punitive damages, against Florida-based Correctional Services Corp. (CSC) and …
Escaped New Hampshire Prisoners Caught Camping by Gary Hunter Three escaped New Hampshire pris-oners were captured at a Massachusetts campground just one day after their daring daylight getaway. Kevin Gil, Philip J. Dick and Christopher McNeil negotiated their temporary freedom from New Hampshire State Prison (NHSP) in Concord by cutting …
Article • February 15, 2004 • from PLN February, 2004
Feces Flinging Prisoners Receiving Lengthy Sentences by An emerging trend of sentences reveals that courts are imposing lengthy sentences on prisoners who throw bodily fluids on guards. In recent years, State Legislators have created new felony offenses that heavily penalize anyone who flings bodily fluids on guards. The philosophy behind …
Article • February 15, 2004 • from PLN February, 2004
Work-time Credits Commence Jan. 1, 2004, in California Reception Centers by Beginning January 1, 2004, all California state prisoners in reception centers who are statutorily eligible for Penal Code § 2933 day-for-day work-time credits will automatically earn such credits by participating in a new mandatory in-cell-study educational program. This applies …
Chicago's Brutal Jail Guards by by Matthew T. Clarke A series of brutal beatings of prisoners by guards at the Cook County (IL) Jail in Chicago has already resulted in more than $1.5 million being paid to prisoner victims with several unsettled lawsuits still in court. Two jail guards resigned …
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