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Article • December 15, 2003
Magistrate Judge Cannot Enter Order on Post-Trial or Dispositive Motions by The Sixth Circuit Court of Appeals held that a magistrate judge does not have authority to rule upon motions seeking the award of attorney fees and costs, and a district court's failure to make a de novo review of …
Article • December 15, 2003
RFRA Still Applies to Federal Government by The Religious Freedom Restoration Act remains applicable to federal entities notwithstanding the decision in City of Boerne that its application to states exceeded Congress's remedial authority under section 5 of the Fourteenth Amendment. At 1219: "Of course, Congress uses its enumerated powers in …
Article • December 15, 2003
Deadly Drug-Resistant Staph in Prisons Throughout USA by by Matthew T. Clarke A deadly outbreak of drug resistant staph (MRSA) is occurring at prisons throughout the country. It is often misdiagnosed as a spider bite or non-resistant staph, delaying treatment until it is too late. This has already lead to …
California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Nonetheless Merit by California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Nonetheless Meritless by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that because the two-year interval between recurring civil commitment trials for …
Article • December 15, 2003
Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals by Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals The U.S. Supreme Court, in an action where prospective relief was granted, held …
Article • December 15, 2003
$15,000 Paid in WA DOC Sexual Discrimination Claim by Kristy Ray was a guard at Stafford Creek Correction Facility when she began receiving sexual advances from Sergeant Chad Wheelock. Ray rebuffed these advances, and after multiple complaints an investigation ensued. Ray was placed on leave without pay while Wheelock was …
Article • December 15, 2003
European Human Rights Court Upholds French Guerrilla's Solitary Confinement; Awards 10,000 Euros by European Human Rights Court Upholds French Guerilla's Solitary Confinement; Awards 10,000 Euros French political prisoner Ilich Ramirez Sanchez appealed a decision of the Chamber of the First Section of the European Court of Human Rights that being …
Article • December 15, 2003
Audit Finds Colorado DOC Loses Large Quantities of Drugs by by Matthew T. Clarke A $436,484 shortage in the Colorado Department of Corrections's pharmacy budget in 2003 prompted an internal audit. The audit found that close to a half-million dollars worth of drugs have been lost by the prison system. …
Article • December 15, 2003
Sovereign Immunity No Bar to BOP Prisoners' Eighth Amendment Mandamus Suit by The Tenth Circuit Court of Appeals has held that a federal prisoner's mandamus action alleging an Eighth Amendment violation is not barred by the doctrine of sovereign immunity. This action was brought by Bureau of Prisons (BOP) prisoner …
Article • December 15, 2003
Court Upholds Prison Library Purge of Titillating Material by Court Upholds Prison Library Purge of Titillating Material The plaintiff challenged the censorship of "the 'Paper Wings' line of books, an adult-fiction serial" after exhausting. During discovery, he said that he had found similar material in the prison library. Prison officials …
Article • December 15, 2003
Filed under: Media
Tennessee Prisoner Libel Proof by The Tennessee Court of Appeals held that a prisoner's conviction resulting in incarceration for 99 years renders any reputation he may have virtually valueless," and that he was, in the eyes of the law, libel proof." This action was filed by a prisoner convicted of …
Article • December 15, 2003
Australia Fined $42,500 for Prisoner Work Injury by Australia's Department of Justice was fined $42,500 and ordered to pay $4,870 in costs after pleading guilty to violating the Occupational Health and Safety Act, causing a prisoner severe injury. Maximum security prisoner Justin Adams had three fingers amputated and his right …
Virginia: Stun Gun Implicated In Death, CMS Implicated In Coverup by by Michael Rigby Documents filed as part of a $204 million lawsuit directly, contradict the Virginia Department of Correction's (DOC) initial assertion that a stun gun played no role in the death of Lawrence James Frazier, and may implicate …
Guards Abusing Prisoners in Boston Leads to Jury Awards and Disciplinary Action by by Matthew T. Clarke Widespread reports of guards having sex with, raping, and beating prisoners in Suffolk County (MA) jails have led to the indictment of guards, firing of guards, disciplinary action against-guards, and jury awards against …
Article • December 15, 2003
Uncooperative Prisoner Removed From Disciplinary Hearing by The Eleventh Circuit Court of Appeals held that a state prisoner who is recalcitrant to disciplinary hearing formalities may be removed from a prison disciplinary hearing without violating his rights. Freddie Battle, a Florida state prisoner, was found to be in possession of …
BOP Proper Defendant in Work Release Change Suit under ADA by The plaintiffs are criminal defendants who received judicial recommendations that they serve their sentences in a community corrections center, but were denied such placement pursuant to the Department of Justice's abruptly announced change of policy barring it except for …
Article • December 15, 2003
Number of Presidential Pardons Declining by Michael Rigby In spite of a rising number of requests, presidential pardons have become virtually non-existent under the George W. Bush administration. During his first two years in office Bush neither granted any pardons nor commuted any sentences. On December 23, 2002, Bush finally …
Article • December 15, 2003
Filed under: Police, False Arrest
Arrest Without Probable Cause Suit Settled Against New Jersey Police Department by Arrest Without Probable Cause Suit Settled Against New Jersey Police Department Oki Dzivenu, an African-American male, entered into a settlement with the Borough of Paramus (New Jersey), its police department and employees thereof on his behalf in the …
Bloated Prison Budget Fuels California's Degenerative Incarceration Spiral by John E Dannenberg by John E. Dannenberg California's $5.3 billion prison spending plan was shaved only a miniscule $35 million in the August 2, 2003 $100 billion annual state budget - a "budget" that is admittedly $38.2 billion out of balance …
Article • November 15, 2003 • from PLN November, 2003
From the Editor by Paul Wright SouthLand Prison News was a bi-monthly magazine published by Virginia prisoner Joseph Houck. In August, 2003, they published their last issue after almost five years of publishing. I am saddened at their passing as it illustrates the ongoing problems of the prison press in …
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