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Article • December 15, 2002 • from PLN December, 2002
Son of Sam II Law Enacted in California by Son Of Sam II Law Enacted in California In a legislative move designed to circumvent a recent California Supreme Court ruling holding that California's "Son of Sam" law (which prohibited prisoners from profiting from their crime stories) was unconstitutional, Senate Bill …
Article • December 15, 2002 • from PLN December, 2002
Washington Sex Offender Community Placement Dilemma by Roger Smith When "high-risk" sex offenders are released from Washington State prisons their pictures, names, addresses, and offenses are broadcast on the local news. Armed with that information, angry neighbors often drive them from the communities they're released to. With no one willing …
Florida Prisoner Sues for Contracting HIV by David Reutter by David M. Reutter Florida prisoner Richard James Randles filed simultaneous state and federal lawsuits alleging guard B.D. Hester ordered him, on three separate occasions, to clean up blood from other prisoners who had accidentally wounded themselves or attempted suicide at …
Article • December 15, 2002 • from PLN December, 2002
Summary Judgment Denied on New York Medical Isolation Conditions by A New York Federal District Court has denied summary judgment on claims that a prisoner's First Amendment right to free exercise of religion was violated by heightened restrictions in medical isolation and a denial of a vegetarian diet. As a …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Sentencing, Parole
Texas Cannot Use Enhancement to Deny Mandatory Supervision by The Court of Criminal Appeals of Texas has held that the fact that a felony has been enhanced to a higher degree felony cannot be used to deny a prisoner mandatory supervision release (MSR). Nathaniel Elbert Coleman, a Texas state prisoner, …
Article • December 15, 2002 • from PLN December, 2002
Failure to Treat Ruptured Tendon; Qualified Immunity Denied by A federal district court in New York has denied prison officials' motion to dismiss a prisoner's complaint alleging denial of medical treatment of his ruptured Achilles tendon. While playing basketball on May 3, 1997 at Sing-Sing Correctional Facility, prisoner Saufuddin Abdul-Samad …
Article • December 15, 2002 • from PLN December, 2002
Filed under: News, News in Brief
News in Brief by California: On April 1, 2002, 30 prisoners at the Pelican Bay State Prison were involved in a riot. Eight Asian and Native American prisoners attacked 20 white prisoners. One prisoner suffered a superficial stab wound and other participants received minor injuries. The riot was halted by …
Article • December 15, 2002 • from PLN December, 2002
Georgia Supreme Court Bans Use of the Electric Chair by In a 4-to-3 decision, the Supreme Court of Georgia upheld a trial court and ruled that death by electrocution violated the state's constitutional protection against cruel and unusual punishment. The high court ordered that all future executions in Georgia will …
Article • December 15, 2002 • from PLN December, 2002
Fatal Overdoses: Drugs and Death in Prison by On April 27, 1997, at Ohio's Trumbull Correctional Institution, Daniel Ray Williams died by lethal injection. Williams, then 37, was not on death row; the lethal injection was a self-administered dose of heroin. Robert Baksi, a Trumbull prisoner who reportedly had a …
Article • December 15, 2002 • from PLN December, 2002
Ex-Georgia Sheriff Convicted in Ambush Killing of Successor by Lonnie Burton Former Georgia Sheriff Sidney Dorsey was convicted on July 10 for ordering the assassination of his political rival, a man who defeated him for sheriff in the 2000 elections. Dorsey was convicted of first-degree murder for the slaying of …
Article • December 15, 2002 • from PLN December, 2002
The Unmourned Death of Felony Murder by Assault in Washington by David Zuckerman by Suzanne Lee Elliott and David B. Zuckerman For at least 36 years, Washington has permitted defendants to be convicted of felony murder in the second degree when the underlying felony is assault. Prisoners rightly complained that …
Prisoner's Medical Information Privacy Right Established in Third Circuit by by Matthew T. Clarke The Court of Appeals for the Third Circuit has established that prisoners have a right to privacy in their medical information albeit not to the same extent as a free citizen. However, the Third Circuit dismissed …
Article • December 15, 2002 • from PLN December, 2002
Alaska Prison Design Case Settles for $1 Million by In August, 2001, the state of Alaska settled a lawsuit involving faulty prison design which resulted in serious injury to a prisoner for $1,000,000. In February, 1994, Carry Johnson was returning to his cell at the Ketchikan Correctional Center in Alaska. …
Article • December 15, 2002 • from PLN December, 2002
Dismissal of Legal Mail and Retaliation Claims Reversed by by Matthew T. Clarke The Court of Appeals for the Eighth Circuit has reversed the district court's dismissal of claims that prison officials violated a prisoner's right of access to courts and retaliated against him for litigating against them. William R. …
Article • December 15, 2002 • from PLN December, 2002
Washington DOC Pays $2,306.22 in Prisoner PDA Suit by On October 17, 2001, the Washington Department of Corrections ("DOC") agreed to settle a suit filed against it pursuant to Washington's Public Disclosure Act ("PDA") for $2,306.22. The PDA, like its federal counterpart the Freedom of Information Act, requires all state …
Article • December 15, 2002 • from PLN December, 2002
Furniture Makers Challenge UNICOR by Gary Hunter The Coalition for Government Procurement brought charges against the Federal Prison Industries alleging nine violations of the Administrative Procedures Act between 1991 and 1995. Legislation on this topic had been pending for several years. On August 18, 2001 the U.S. District Court for …
Article • December 15, 2002 • from PLN December, 2002
California's "Son of Sam" Law Held Unconstitutional by John E Dannenberg by John E. Dannenberg The California Supreme Court overturned the state law confiscating a convicted felon's profits derived from any form of expressive material that recounted the exploits connected with his/her conviction. Following the U.S. Supreme Court decision in …
Medical Care Still Deficient in Texas Prisons by Gary Hunter Deficient medical care at the unit level has Texas prisons incubating a new, more virulent strain of HIV. Dr. William Obrien is one of the most noted doctors on staff with the University of Texas Medical Branch. (UTMB) Over a …
Article • December 15, 2002 • from PLN December, 2002
Pro Se Tips and Tactics by John Midgley The Supreme Court recently decided a case that may affect where you want to file a lawsuit against state defendants. There are some circumstances in which you may want to file your claims, including your federal claims, in state court. 1. The …
Ohio Prisons Make Almost $5 Million in Improper Food and Education Payments by Roger Hummel After receiving an anonymous tip about billing irregularities, the Ohio State Auditor conducted a special audit of the two state prisons: the Noble Correctional Institution (NCI) at Caldwell and the Belmont Correctional Institution (BCI) in …
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