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Sixth Circuit Reverses Dismissal of Prisoner's Sexual Orientation Discrimination Suit by The Sixth Circuit Court of Appeals has reversed a district court's dismissal of a prisoner's lawsuit alleging discrimination based on his sexual orientation. Ricky Davis, a gay, insulin-dependent diabetic Michigan state prisoner, was screened, medically cleared and hired by …
ADX Prisoner Not Allowed to Communicate with Family Members or Receive Publications under SAMs by Christopher Zoukis In another series of court rulings upholding the use of Special Administrative Measures (SAMs), a prisoner at the federal ADX supermax facility in Florence, Colorado was prohibited from receiving certain publications and communicating …
Article • April 15, 2013 • from PLN April, 2013
Utah Potentially Liable for Juvenile’s Death; Incarceration Exception to State’s Immunity Inapplicable by The Utah Supreme Court has that the “incarceration exception” to the state’s waiver of sovereign immunity does not apply to a juvenile offender’s placement in an unsecured community-based proctor home. Sixteen-year-old Dillon Whitney was charged with several …
Article • April 15, 2013 • from PLN April, 2013
Pennsylvania Officials Link Halfway House Payments to Recidivism Rates by Derek Gilna Community corrections centers, also known as halfway houses, receive a great deal of money to help prepare prisoners to reenter society. Unfortunately, according to a recent study in Pennsylvania, the state’s 38 halfway houses with 4,313 beds have …
Article • March 15, 2013
Third Circuit: Non-Sex-Offender Prisoners Entitled to Due Process Before Prison Requires Sex Offender Treatment by Matthew Clarke by Matt Clarke On October 4, 2010, the Third Circuit held that a prisoner who has not been charged with or convicted of a sex offense may not be compelled to participate in …
Brief • March 13, 2013
Thompson v. Peters, OR, Complaint, Transexual Classification, 2013 Case 2:13-cv-00094-CL Document 20 Filed 03/13/13 Page 1 of 9 Page ID#: 112 David T. Johnson, OSB #123553 Olsen Daines, P.C. 9415 SE Stark St. Ste. 207 Portland, OR 97216 Telephone (503) 274-4252 Facsimile (503) 362-1375 djohnson@olsendaines.com Attorney for Plaintiff UNITED STATES …
Tenth Circuit: Terrorism Prisoners Lack Liberty Interest in Transfer to ADX by Derek Gilna Omar Rezaq, Mohammed Saleh, El-Sayyid Nosair and Ibrahim Elgabrowny, convicted of terrorism-related offenses and confined at the federal supermax ADX facility in Florence, Colorado, filed suit contending they had a liberty interest in “avoiding transfer without …
Article • January 15, 2013 • from PLN January, 2013
First Circuit: RLUIPA Does Not Provide Relief from Transfer to Remote Prison where Opportunities for Religious Exercise are Limited by On March 29, 2012, the First Circuit Court of Appeals held that the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §§2000cc et seq., does not provide a …
Article • January 15, 2013 • from PLN January, 2013
Despite Budget Crunch, Texas Rarely Grants Medical Paroles by Matthew Clarke by Matt Clarke Faced with a $23 billion shortfall in its 2011-2012 budget, Texas officials nevertheless have refused to take advantage of a potential money-saver: paroling state prisoners who are elderly, infirm or terminally ill, who pose little threat …
Article • January 15, 2013 • from PLN January, 2013
States Seek Federal Medicaid Reimbursements to Offset Prison Medical Costs by States Seek Federal Medicaid Reimbursements to Offset Pris-on Medical Costs State prison systems nationwide are looking to federal Medicaid reimbursements to partly offset escalating healthcare expenses for prisoners. The Medicaid law expressly excludes coverage for people who are incarcerated, …
New North Carolina DOC Hospital Promises Better Healthcare for Prisoners by Joe Watson With crowded prisons and an increasing percentage of prisoners age 50 and older, the North Carolina Department of Corrections (NCDOC) opened a $153.7 million medical complex at the Central Prison in Raleigh in November 2011. The new …
Liberty for Sale: Should Ohio Prisoners be Commodities in a For-Profit Venture? by German Lopez by German Lopez, Cincinnati CityBeat In 1997, Corrections Corporation of America (CCA) opened a private prison in Youngstown, Ohio. The Northeast Ohio Correctional Center was to hold out-of-state prisoners with the promise of profits and …
The Other Death Sentence: More than 100,000 Americans are destined to spend their final years in prison. Can we afford it? by James Ridgeway The Other Death Sentence: More than 100,000 Americans are destined to spend their final years in prison. Can we afford it? by James Ridgeway William “Lefty” …
Hawaii AG Study Confirms Ineffectiveness of Mainland Private Prisons by Joe Watson Academic researchers in Hawaii believe that exiling offenders to private prisons thousands of miles away on the U.S. mainland is misguided. And the Hawaii Attorney General’s office (AG) – the state’s Big Kahuna of law enforcement – actually …
Brief • November 2, 2012
Green-Vaughn v. CCA, TN, Settlement, transfer injury car accident, 2012 CCA-AF (6/2/14 PRA) 0312 CCA-AF (6/2/14 PRA) 0313 CCA-AF (6/2/14 PRA) 0314 CCA-AF (6/2/14 PRA) 0315 CCA-AF (6/2/14 PRA) 0316
46 California Prisoners Injured in Disturbance at CCA-run Oklahoma Facility by Widespread fighting among black and Hispanic California prisoners at the privately-operated North Fork Correctional Facility in Sayre, Oklahoma last year left dozens of prisoners injured. The disturbance began shortly before noon on October 11, 2011 and was described by …
Article • September 15, 2012 • from PLN September, 2012
Prisoner Medical Care Costs Oregon Taxpayers Over $100 Million Annually by As of July 1, 2011, the first day of Oregon’s most recent budget cycle, the Oregon Department of Corrections (ODOC) had a population of just over 14,000 prisoners and a shiny new $1.36 billion budget for the 2011-2013 biennium. …
Article • September 15, 2012 • from PLN September, 2012
Economy Forces Oregon Jails to Eliminate Beds by Commissioners in Marion County, Oregon voted on October 19, 2011 to cut 128 jail beds, closing one pod and reducing the jail’s capacity to 400 prisoners. In reality, however, only 56 beds were cut because the county is reopening 72 work center …
New Jersey Comptroller Criticizes, Questions Halfway House Contracts by Derek Gilna In a June 15, 2011 letter and separate audit report, the New Jersey State Comptroller’s office sharply criticized a number of issues related to the Department of Corrections’ (DOC) contracts with private halfway houses. Singled out for special attention …
California Plans to End Out-of-State Prisoner Transfers by David Reutter by David M. Reutter On November 8, 2010, Corrections Corporation of America (CCA) issued a press release announcing that the California Department of Corrections and Rehabilitation (CDCR) intended to award a new contract to the company, “to manage up to …
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