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Article • June 15, 2004 • from PLN June, 2004
Qualified Immunity Appeal Deemed Frivolous; California Pays Beaten Prisoner $149,500 by ( In a prisoner 42 U.S.C. § 1983 suit alleging the brutal beating of a San Quentin prisoner by six guards, United States District Judge Charles Breyer (N.D. Cal.) threatened sanctions against California's State Attorney General Bill Lockyer if …
Plaintiff Entitled to Trial on Question of Whether Mental Illness Warrants Tolling Statute of Limitations by The United States Court of Appeals for the First Circuit recently held that a mentally ill woman presented sufficient evidence to warrant a trial on her claim that mental illness prevented her from filing …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Good Time
Kansas Good Time Regulations Enacted After Prisoner's Crime May Not Be Applied Retroactively by Kansas Good Time Regulations Enacted After Prisoner's Crime May Not Be Applied Retroactively The Kansas Supreme Court recently held that an amended version of the Department of Corrections (DOC) regulation governing the award of good time …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Work Release, Work, Prison Labor
Arkansas Work Release Prisoner Entitled to Unemployment Benefits by The Arkansas Court of Appeals, Division, II, held that a work release prisoner who loses his job as a result of a transfer to a prison to prepare him for parole is entitled to unemployment benefits as a result of losing …
DOJ Investigation: Conditions in Arkansas Prisons Unconstitutional by Michael Rigby Conditions at the McPherson and Grimes Correctional Units in Newport, Arkansas are unconstitutional, the U.S. Department of Justice concluded after an 18-month investigation. According to the investigation report, dated November 25, 2003, investigators found that prisoners at both units experienced …
Article • May 15, 2004 • from PLN May, 2004
Washington Prisoners Get Credit for Time Spent at Liberty by The Washington State Supreme Court has held that prisoners mistakenly released early by the State Department of Corrections (DOC) are entitled to credit against their sentences for the time they spend out of custody. In so ruling, the state supreme …
Tennessee Supreme Court Holds No Procedural Protection Needed for $5 Fine by Tennessee Supreme Court Holds No Procedural Protection Needed for $5 Fine by Matthew T. Clarke On August 23, 2003, the Supreme Court of Tennessee (SCTN) held that 30-days punitive segregation followed by administrative segregation of unstated duration were …
Article • May 15, 2004 • from PLN May, 2004
Filed under: Sentencing, Parole
California's New Governor Must Reconsider Former Governor's Parole Reversal by John E Dannenberg by John E. Dannenberg The California Court of Appeal found that former Governor Davis's reversal of the grant of parole for a second degree murderer was not wholly supported by "some evidence," and returned the case for …
Article • May 15, 2004 • from PLN May, 2004
Filed under: Telephones, Telephone Rates
Washington Failure to Disclose Prison-Phone-Rate Suit Dismissed, State Supreme Court Grants Review by Sam Rutherford Division I of the Washington State Court of Appeals has affirmed a trial court dismissal of an action challenging phone companies' failure to disclose the rates for collect calls made by Washington prisoners. Relief was …
Article • May 15, 2004 • from PLN May, 2004
Indiana Appeals Court Allows Prisoner to Sue to Receive Pornography by The Court of Appeals of Indiana, partly reversing the Marion Superior Court, held that an Indiana Department of Corrections (DOC) prisoner can sue the DOC for its refusal to let him receive pornographic material. Jerry Montgomery is a DOC …
Article • May 15, 2004 • from PLN May, 2004
Filed under: News, News in Brief
News in Brief by Alabama: On February 3, 2004, Phillip Brown, 23, a former state prisoner, boarded a work release bus transporting prisoners to work and abducted prisoner Okoni Lattimore, 28, at gunpoint. Lattimore later turned himself in to prison officials. He suffered a severe beating, including the loss of …
Article • May 15, 2004 • from PLN May, 2004
Minnesota Pay-To-Stay Programs Don't Deliver by Minnesota counties are finding out that charging prisoners for staying in jail is not the cash cow they had hoped for. Forcing prisoners to pay for their own incarceration has become a national trend. In the summer of 2003 the Minnesota legislature followed suit, …
Beating Judgment for Jail Affirmed on Appeal; Costs Issue Remanded by The U.S. Tenth Circuit Court of Appeals affirmed a district court grant of judgment as a matter of law to a Kansas county in an excessive use of force claim brought against county jailers after a jury ruled against …
PHS Liable for Denying Insulin to Diabetic New Jersey Jail Prisoner by The U.S. Third Circuit Court of Appeals reversed the U.S. District Court (New Jersey) on its dismissal of a pretrial detainee's state law medical malpractice claims and summary judgment for jail defendants of the detainee's claims under 42 …
Article • May 15, 2004 • from PLN May, 2004
New Jersey Prisoners May Confront Accusers in Disciplinary Hearings by Michael Rigby In response to a ruling by the Superior Court of New Jersey, Appellate Division, the New Jersey Department of Corrections has announced that they will afford prisoners the opportunity to question their accusers in person during disciplinary hearings, …
Two Level Review Required for Publication Rejection, but Qualified Immunity Granted by The Ninth Circuit Court of Appeals held the failure to provide a two-level review process when rejecting incoming publications violated procedural due process, but granted prison officials qualified immunity for the violation. Arizona prisoner Lawrence Krug filed a …
New Jersey Supreme Court Upholds $1.6 Million Harassment Verdict by by Matthew T. Clarke The Supreme Court of New Jersey up-held one of the largest female-on-male sexual harassment compensatory damage awards and fees, sending the even larger punitive damage award back to the trial court for reconsideration. Robert L. Lockley, …
BOP Rule Denying Early Release Eligibility Violates APA by A federal court in Oregon held that Bureau of Prisons (BOP) drug treatment rules violate the Administrative Procedures Act (APA). "18 U.S.C. § 3621(b) directs the Bureau of Prisons (BOP) to provide substance abuse treatment to those prisoners who have a …
Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused by Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused A federal district court in Oregon held that a federal prisoner's procedural default in failing to exhaust administrative remedies would be waived. The court also …
Certification for Interlocutory Appeal Order Discussed in California Prison Labor Suit by A California federal district court has declined to certify an order for interlocutory appeal because the factual and legal issues in this case are not complex and will not necessitate protracted and expensive litigation. Richard P. Loritz, II, …
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