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Ninth Circuit Holds Phoenix New Times Executives May Sue Special Prosecutor over Improper Arrests; Prosecutor Disbarred by Matthew Clarke by Matt Clarke On June 9, 2011, the Ninth Circuit Court of Appeals held that executives with the Phoenix New Times, an alternative weekly publication, could sue a special prosecutor who …
Article • May 15, 2012 • from PLN May, 2012
New York Not Liable for DOCS’ Unauthorized Addition of Post-Release Supervision by The New York Court of Appeals, the state’s highest court, has held that the state cannot be held liable for the Department of Correctional Services (DOCS) adding post-release supervision to prisoners’ sentences when such supervision had not been …
Article • May 15, 2012 • from PLN May, 2012
California Pilot Program Reduces Recidivism by A pilot program enacted by the California legislature in 2009 appears to be achieving its intended goal of reducing recidivism, according to a June 2011 report prepared by Dorothy Korber with the California Senate Office of Oversight and Outcomes. With three-year recidivism rates hovering …
Article • May 15, 2012 • from PLN May, 2012
Georgia Court Rules Prisoners Held in County Facilities Barred from Suing State for Negligence by The Court of Appeals of Georgia held on October 21, 2011 that a county housing state prisoners under a contract with the Georgia Department of Corrections (GDOC) is an independent contractor; therefore, the state is …
Private Prison Health-care Industry Grows as States Cut Costs, Bringing in Millions of Dollars by Yana Kunichoff Aleshia Napier was 18 years old in 2006 when she hung herself with a bed sheet at the Broward Correctional Institution in Fort Lauderdale, Florida, after being placed in solitary confinement despite her …
Article • May 15, 2012 • from PLN May, 2012
Ninth Circuit Holds Hawaii Prison Officials Entitled to Qualified Immunity when Calculating Release Dates in Accordance with State Law by In an interlocutory appeal, the Ninth Circuit reversed a Hawaii district court’s denial of qualified immunity to prison officials who, in apparent conformity with Hawaii state law, treated a prisoner’s …
Article • May 15, 2012 • from PLN May, 2012
Seventh Circuit Upholds Indiana DOC’s Ban on Pen-Pal Ads by David Reutter by David M. Reutter On September 16, 2010, an Indiana U.S. District Court held that a prison regulation prohibiting prisoners from advertising for pen-pals and receiving materials from services that advertise for or provide pen-pals did not violate …
Article • May 15, 2012 • from PLN May, 2012
Filed under: Medical, Cancer, Misdiagnosis
$3,750 Posthumous Settlement in California Prisoner’s Medical Suit by State officials have settled a federal lawsuit against California Department of Corrections and Rehabilitation medical staff that alleged lengthy delays in the diagnosis and treatment of a prisoner’s stomach cancer. Gerardo Richardo Gallegos was a California state prisoner who did not …
Article • May 15, 2012 • from PLN May, 2012
Dramatic Increase in Number of Hispanics Sentenced to Federal Prison by Matthew Clarke by Matt Clarke Tougher immigration enforcement efforts coupled with fast-track procedures in immigration cases have combined to dramatically increase the number of Hispanics entering the federal prison system. Statistics released in June 2011 indicate that Hispanics, who …
Louisiana Sheriff Pleads Guilty to Corruption Charges by An October 5, 2011 federal Bill of Information charged Louisiana’s Plaquemines Parish Sheriff Irvin F. “Jiff” Hingle, Jr., 59, with conspiracy to commit mail fraud and bribery concerning a program involving federal funds. Hingle, the sheriff of Plaquemines Parish since 1992, entered …
Pennsylvania Businessman Sentenced to 18 Months in “Kids for Cash” Kickback Scandal by In November 2011, a Pennsylvania U.S. District Court sentenced the former owner of two for-profit juvenile detention centers to 18 months in prison for his role in a kickback scheme that included two judges. The scandal, involving …
Article • May 15, 2012 • from PLN May, 2012
Ninth Circuit Holds New Claims Need Only be Exhausted Prior to Filing Amended Complaint by The Ninth Circuit has held that a § 1983 prisoner litigant who wants to raise new claims based on conduct that occurred after an initial complaint was filed may do so by exhausting available administrative …
Pennsylvania Prisoner’s $185,000 Jury Award Reduced to $75,005 by Matthew Clarke by Matt Clarke On June 7, 2011, a Pennsylvania federal judge issued an order reducing a prisoner’s jury award for destruction of legal materials to $75,005. The award had previously been reduced from $185,000 to $115,000. Andre Jacobs, a …
Article • May 15, 2012 • from PLN May, 2012
Filed under: News
Alabama Uses Federal Stimulus Money to Prop up Prison System by Alabama allocated 11% of its federal education stimulus funds to its prison system. Of the $1.1 billion the state received from the U.S. Department of Education from 2009 to 2010, the state gave more than $118 million to the …
Class Certified in Lawsuit Challenging Conditions at CCA-operated Indiana Jail, but Case Dismissed on Summary Judgment by David Reutter by David M. Reutter An Indiana federal district court certified a class and allowed claims to proceed that challenged unsafe conditions, lack of medical privacy and an alleged incentive scheme that …
Civil Commitment Must be Challenged through Commitment Proceedings Instead of Habeas Corpus by Brandon Sample A federal prisoner challenging his or her civil commitment detention under the Adam Walsh Act (Act) as a “sexually dangerous person” may not resort to habeas corpus for such challenges, the U.S. Court of Appeals …
Article • May 15, 2012 • from PLN May, 2012
New Mexico Judge Arrested for Raping Prostitute by New Mexico State District Judge Albert S. “Pat” Murdoch – the chief criminal court judge in Albuquerque – was arrested on July 19, 2011 and charged with criminal sexual penetration and intimidation of a witness. According to the criminal complaint, a detective …
Article • May 15, 2012 • from PLN May, 2012
Third Circuit: § 2241 is Proper Vehicle for BOP IFRP Challenges by Mark Wilson Third Circuit: § 2241 is Proper Vehicle for BOP IFRP Challenges by Mark Wilson The Third Circuit Court of Appeals held on December 2, 2010 that a federal habeas corpus petition under 28 U.S.C. § 2241 …
Article • May 15, 2012 • from PLN May, 2012
Filed under: News, News in Brief
News in Brief by Arizona: Former state prison guard Anthony Rinaldi, 26, allegedly shot and killed his wife on December 13, 2011, telling a 911 operator, “She is definitely dead – I put two to the chest and one to the head.” He then left his house, drove up behind …
Article • May 15, 2012
1st Circuit Permits Massachusetts X-ray Drug Search by The 1st Circuit Court of Appeals has affirmed a Massachusetts district court decision permitting an x-ray search of defendant Shane Spencer under the aegis of a search warrant and dismissed his 1983 action. Spencer had been arrested in 2005 by Worcester, Massachusetts …
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