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Article • August 15, 2008
Immigrant Fugitives Precluded from Appealing Immigration Judge's Decision by Fugitive Disentitlement Doctrine by Raju Raj Giri and his wife and child legally entered the U.S. in July 2003 and were entitled to remain in the country for 5 months. When their time expired they applied for asylum, but an immigration …
Not the Usual Suspects: The Politics of the Prison Boom by Marie Gottschalk Throughout American history, politicians and public officials have exploited public anxieties about crime and disorder for political gain. The difference today is that these political strategies and public anxieties have come together in the perfect storm. They …
Article • July 15, 2008 • from PLN July, 2008
PEW Public Safety Report: Prisoncrats Abuse Their Probation/Parole Violation Powers So As To Stymie Offenders’ Re-entry Into Society by Marvin Mentor A November 2007 national study by the PEW Public Safety Performance Project concluded that the policy of returning parolees and probationers to custody for other than new offenses has …
Once Again, Former Florida DOC Secretary Faces Liability in Prisoner Beating; Case Settled for $400,000 by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that the former warden of the Florida State Prison (FSP) was not entitled to qualified immunity in a civil rights …
Article • July 15, 2008 • from PLN July, 2008
Two BOP Guards, One Beaten Prisoner: One Guilty Plea, One Acquittal by Disparate outcomes resulting from charges brought against two federal prison guards accused of assaulting a prisoner reveal the public’s lackluster attitude toward such abuse. The charges stemmed from the Sept. 29, 2004 beating of prisoner John Clark, who …
Missouri Execution Nurse, Doctor Have Questionable Histories by John Dannenberg by John E. Dannenberg A Missouri nurse employed by the state’s execution team was hired by federal officials to participate in the execution of mass killer Timothy McVeigh at Terre Haute, Indiana in 2001. However, before the nurse could leave …
Indicted California Sheriff Resigns to Fight Federal Corruption Charges by Orange County, California Sheriff Michael Carona, 52, resigned his post on January 14, 2008 to fight corruption charges. As a result of his leaving office he became eligible to receive pro bono legal assistance from a Los Angeles-based law firm …
Grand Jury Report, Four Nebraska Jail Guards Indicted in Prisoner’s Death by David Reutter by David M. Reutter Finding there was probable cause that four guards at Nebraska’s Omaha Police Detention Unit (OPDU) failed to render medical care to a prisoner which contributed to his death, a Douglas County grand …
Georgia Sheriff, Judges, Other Officials Face Misconduct, Criminal Charges by David Reutter In November 2007 a federal grand jury issued an indictment charging Clinch County, Georgia Sheriff Winston C. Peterson, 62, with perjury, using forced prisoner labor and extorting former jail prisoners. Peterson’s indictment marked the second time in the …
No Safety or Security for Maryland Prisoners by Michael Rigby Twenty-five guards have been fired amid allegations that they beat prisoners at two Maryland prisons. The Maryland Department of Public Safety and Correctional Services (DPSCS) initially terminated the employment of eight guards on April 4, 2008. Another nine were fired …
Ninth Circuit: Vested Retirement Benefits May Be Garnished to Pay Criminal Fines by The Ninth Circuit U.S. Court of Appeals, sitting en banc, held that the federal Mandatory Victims Restitution Act of 1996 (MVRA) trumps the anti-alienation provisions of the Employee Retirement Income Security Act of 1974 (ERISA), so as …
Article • July 15, 2008
Washington Guard’s Acceptance of Money for Favors Merits Dismissal by The Washington State Personnel Appeals Board (PAB) has held dismissal is the appropriate sanction for a prison guard who accepted monetary gratuity in exchange for special favors to prisoners. Before the PAB was the appeal of Mark Ortiz, a guard …
Article • July 15, 2008
Washington Parolee Rapes Woman Who Wins over $200,000 in Lawsuit by Martin Schandel, a paroled Washington state sex offender, raped Margaret Savage. She sued the state for negligent supervision because Schandel wasn't being tested for drug and alcohol use, and wasn't being required to participate in mental health treatment. At …
Washington Prison Employee Terminated for Allowing Prisoners to View Computer Screen by The State of Washington Personnel Appeals Board (PAB has held that termination is appropriate for a prison employee who released confidential prisoner information to prisoners. Before the PAB became the appeal for Kathy Lorentzen, who was a state …
$1.1 Million Verdict Entered Against Florida Sex Crime Detective for Sexual Assault upon Minor by The Florida Federal District Court has awarded $1.1 million to a 14-year old female for a sexual assault by an Orlando sex crimes detective. The award came in after the court entered default for the …
Article • July 15, 2008
Oregon Death Row Prisoner Awards Victims $58.5 Million by In September, 2007, an Oregon death row prisoner settled a wrongful death action brought by his victim’s family. The deal awards the family approximately $58.5 million, barring the prisoner from profiting from the story of his crimes. Just before Christmas, 2001, …
Article • July 15, 2008
California: Medical Marijuana Law at Odds with Jail, Prison Policies by John Dannenberg by John E. Dannenberg The California Court of Appeals has held that because California’s 1996 voter-approved Medical Marijuana Program Act (Proposition 115) permits a citizen to possess marijuana for medical use, bringing medically-approved marijuana into a jail …
Article • July 15, 2008
Texas Eliminates Next-Grand-Jury-Session Limitation On Indictments by by Matthew T. Clarke On December 6, 1006, the Texas Court of Criminal Appeals (CCA) held unconstitutional the provision of Article 28.061, Texas Code of Criminal Procedure (CCP), requiring dismissal of a prosecution with prejudice if an indictment is not brought against a …
Prison Health Services Physician’s Assistant License Revocation Upheld by On June 2, 2005, a Maryland court of appeals upheld the revocation of a Prison Health Services (PBS) Physician’s Assistant (PA) certificate for fraudulently procuring prescriptions for his adult son. Carl F. Oltman, Sr., was a PA, employed by PHS, contracted …
$3,101,876 Awarded Deceased FBI Informant's Estate After Former Agent Revealed Identity by Emily Mclntyre, as administratix of her deceased son's estate, sued former FBI Agent John Connolly for proximately causing the informant's 1984 death by revealing his identity to mobsters. The estate was awarded $3,101,876. A fisherman and FBI informant, …
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