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Article • May 15, 2012
7th Circuit Dismisses Inadequate Police Protection Suit against City of Chicago by The Seventh Circuit Court of Appeals has affirmed the judgment of the district court judge which dismissed a lawsuit alleging discrimination against the City of Chicago for failing "to have adequate policies in place for the protection of …
Article • May 15, 2012
Filed under: Classification, Transfers
9th Circuit Confirms Only BOP Can Designate Prison Assignments by The United States Court of Appeals for the 9th Circuit has dismissed the appeal of prisoner Oscar Ceballos, AKA Chuco, which complained of the Federal Bureau of Prison's (BOP) failure to designate him to the prison facility recommended by the …
Article • May 15, 2012 • from PLN May, 2012
New York Prison System Allows Same-Sex Partners to Participate in Family Reunion Program by In late April 2011, the New York Department of Correctional Services (DOCS) formally adopted a regulation permitting same-sex married partners and those in civil unions to participate in the prison system’s family reunion program, also referred …
Article • May 15, 2012 • from PLN May, 2012
California Appeals Court Holds Release from Prison Moots Challenge to Parole Denial by The California Court of Appeal, Third District, has held that release from prison moots a prisoner’s habeas corpus petition challenging an adverse decision by the Board of Parole Hearings (“Board”). Convicted of second-degree murder in 1984, Damian …
Article • May 15, 2012 • from PLN May, 2012
Filed under: Tax Law, Visiting
Arizona DOC Makes Visitors Pay for Prison Maintenance, Repairs by Joe Watson Two lawsuits have challenged the Arizona Department of Corrections’ newly-adopted policies of imposing a background check fee on prison visitors and deducting a fee from deposits made into prisoners’ accounts. On July 20, 2011, Arizona began charging visitors …
Article • May 15, 2012 • from PLN May, 2012
Seattle Federal Halfway House Case Manager’s Reentry Plan for Prisoner Allegedly Included Sex, Heroin by Derek Gilna A former case manager at Pioneer Fellowship House, a halfway house in Seattle, Washington, has been accused of having a sexual relationship with one of the released prisoners she supervised and providing him …
Article • May 15, 2012 • from PLN May, 2012
Federal Bureau of Prisons Says DNA Backlog No Longer Exists by Derek Gilna In July 2011, the federal Bureau of Prisons (BOP) announced that it had eliminated a backlog of over 90,000 DNA samples from federal prisoners. This milestone occurred more than a decade after Congress passed the DNA Analysis …
UNICOR Fraudsters Plead Guilty, Sentenced by A former federal Bureau of Prisons (BOP) employee and a former contractor were indicted and have pleaded guilty to conspiring to defraud UNICOR, the prison industries arm of the BOP. The indictment, handed down by a grand jury in the Northern District of Florida, …
Article • May 15, 2012 • from PLN May, 2012
New Washington State Law Eliminates Tolling of Community Custody upon Violation by The Washington State Court of Appeals, Division Three, has ruled that a 2011 state law “eliminates tolling of the term of community custody while the offender is serving a sanction for violation of the conditions of that community …
Reports on Privatizing Ohio Prisons Indicate Savings are Illusory by David Reutter by David M. Reutter Was Ohio’s attempt to sell off and privatize five of its state prisons in 2011 a race to the bottom? That’s the question raised and analyzed in a report titled Cells for Sale: Understanding …
Article • May 15, 2012 • from PLN May, 2012
Failure to Refute Expert Testimony Warrants Summary Judgment Against California Prisoner Suing for Medical Malpractice by In an unpublished opinion, the California Court of Appeal affirmed a trial court’s grant of summary judgment against a prisoner who sued a surgeon for medical malpractice, but then failed (due to limited resources) …
The Criminalization of Mental Illness in Missouri by Christopher Cross In response to the 1999 U.S. Supreme Court ruling that prohibits states from forcing people with mental health disabilities to live in state mental institutions when they are capable of living in community settings, state governments turned to using jails …
Florida Lawmakers Disband Correctional Medical Authority by The Florida legislature did an end-run around a veto by the Governor by eliminating funding for the state’s prison medical oversight agency, thereby causing it to disband. With Florida turning to private companies to provide prisoner healthcare services, there is concern that medical …
Article • May 15, 2012 • from PLN May, 2012
New Director of Tennessee Corrections Institute Faces Conflict of Interest by The new executive director of the Tennessee Corrections Institute (TCI), an agency that oversees standards, inspections and certification of the state’s jails, faces an inherent conflict of interest in certifying the Wilson County Jail, as that county’s sheriff is …
Florida Citizen Fights CCA over Public Records Request by Prison officials tend to frown on public records requests. In fact, employees at a Florida facility operated by Corrections Corporation of America (CCA) were so ruffled by a citizen’s request for records that they called the cops. Joel Chandler, 47, has …
California: Federal Court Grants Increased Attorney Fee Rates in Armstrong Disability Case by On August 8, 2011, a California federal district court approved an increase in the hourly rates for the plaintiffs’ attorneys due to additional experience the attorneys had accrued since the beginning of the litigation. The court had …
Article • May 15, 2012 • from PLN May, 2012
Filed under: Work, Prison Industries
Ohio Prison Industry Cuts Over 35% of Workforce by The workforce for Ohio Penal Industries (OPI) has been reduced by more than 35% since 2007. With budget cuts due to the economic downturn forcing state agencies – OPI’s largest customers – to reduce spending, revenue at OPI has spiraled downward. …
Article • May 15, 2012 • from PLN May, 2012
Washington State Corrections Secretary Resigns Due to Affair with Subordinate by Matthew Clarke by Matt Clarke Eldon Vail, the Secretary for the Washington Department of Corrections, submitted a letter of resignation on July 1, 2011 when it was publicly revealed that he had been having an affair with a subordinate. …
Ninth Circuit Rules Sheriff May be Held Liable for Violence in Los Angeles County Jails by The Ninth Circuit Court of Appeals held in a revised ruling that Los Angeles County Sheriff Leroy Baca could be held liable for his subordinates causing dangerous conditions in the Los Angeles County Jail …
Tennessee Discontinues Polygraph Tests as Sex Offender Supervision Tool by Legal concerns have led the Tennessee Board of Probation and Parole (BOPP) to order probation officers to discontinue the use of polygraphs, better known as lie detector tests, in their supervision of sex offenders. Polygraphs are to be used for …
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