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Article • December 15, 2002 • from PLN December, 2002
Correctional Medical Services Pays Out Another $1 Million in 1997 Ohio Escape, Murder by The family of Charles Dials, who was carjacked and killed by prisoner Alva Campbell during an escape attempt in April 1997, was awarded a $1 million default judgment against CMS in Franklin County (OH) Common Pleas …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Civil Procedure, Complaints
Complaint Needs Only Short, Plain Statement of Claim by Akos Swierkiewicz, a 53 year old Hungarian working for Sorema N.A., sued the company under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act (ADEA). The District Court for the Southern District of New York dismissed, …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Crime/Demographics, Crime
HUD Leases Must Evict Innocent Tenants for "Any" Drug Activity by HUD Leases Must Evict Innocent Tenants for "Any" Drug Activity Four tenants of Oakland Housing Authority (OHA), public housing subsidized by the U.S. Department of Housing and Urban Development (HUD), faced eviction proceedings from their apartments because of the …
Article • December 15, 2002 • from PLN December, 2002
Unnamed Class Members Can Object to Settlement by Robert Devlin, a pensioner and unnamed class member in a class action suit involving his company pension, attempted to intervene to block a proposed class settlement. The Maryland Federal District Court barred intervention as untimely and accepted the settlement. Devlin appealed, and …
Article • December 15, 2002 • from PLN December, 2002
Jail Over Detention From Lack of Release Policy Actionable Under Section 1983 by An Indiana county jail's lack of policy for the eventual release of detainees arrested pursuant to a Body Attachment raised sufficient facts to defeat the sheriff's motion for summary judgment, thus allowing an overdetained prisoner's civil rights …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Sentencing, Good Time
Good Time Allowed on Washington Weapon Enhancements by Sam Rutherford The Washington Supreme Court recently held that prisoners are entitled to good time credits for time served in presentence detention, even if they receive a firearm or other deadly weapon sentence enhancement following conviction. Understanding the Court's ruling first requires …
Article • December 15, 2002 • from PLN December, 2002
From the Editor by Paul Wright This is the last issue of PLN for the year. We would like to thank all of our readers for your continued support which makes PLN possible. PLN's office staff notes that many readers send letters to our office that do not have the …
Article • December 15, 2002 • from PLN December, 2002
Colorado Sex Offenders Freed from Mandatory Parole by Bob Williams In one of the most criticized and widely reported rulings in Colorado history, the state Supreme Court has held that the state's mandatory parole laws do not apply to sex offenders whose crimes were committed on or after July 1, …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Work, Prison Industries
Private Employer Must Pay $841,000 Back Wages to 167 California Prisoners by John E Dannenberg ( A San Diego California Superior Court judge ordered CMT Blues, a garment manufacturer, to pay 167 prisoners it had employed at the R.J. Donovan Correctional Facility state prison to pay $841,000 in back wages …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Sentencing, Parole
Texas May Not Revoke Parole Without a Hearing by The Texas Court of Criminal Appeals has held that the Texas Board of Pardons and Parole's (BPP's) policy of revoking the parole of a parolee in an Intermediate Sanctions Facility (ISF) without a hearing was unconstitutional. Kevin Todd Catham, a Texas …
Article • December 15, 2002 • from PLN December, 2002
Washington Gift Publication Ban Not Clearly Unconstitutional Before Crofton by The Ninth Circuit Court of Appeals held that prior to its opinion in Crofton v. Roe, 170 F.3d 957 (9 th Cir. 1999) it was not clearly established that prison bans on gift publications were unconstitutional. In 1996 a federal …
Article • December 15, 2002 • from PLN December, 2002
Prisoner Allowed Discovery in Mail Destruction Case by The Second Circuit court of appeals has reversed summary judgment in a case involving the destruction of legal materials in a package mailed to a prisoner to allow the prisoner discovery to determine the name of the person who received the package …
Article • December 15, 2002 • from PLN December, 2002
Louisiana Sheriff Pays $1.35 Million Settlement in Death of Diabetic Prisoner by On January 6, 2002, Orleans Parish criminal sheriff Charles Foti agreed to pay $1.35 million to settle a lawsuit filed by the family of a diabetic female prisoner who died at the parish prison in April 1999. JoAnn …
Article • December 15, 2002 • from PLN December, 2002
2003 Political Prisoner Calendar Available by As 2002 ends, the need for a calendar for the coming year becomes more apparent. Activists in Canada have published the Free Political Prisoners and Prisoners of War 2003 Calendar. The eye catching and well designed calendar is filled with slick graphics and plenty …
Article • November 15, 2002 • from PLN November, 2002
Texas Extends 6th Amendment Right to Prisoners: Confidential Attorney Calls Allowed by On December 14, 2001, Texas finally released its stranglehold on the right to confidential phone calls between prisoners and attorneys. Texas had been the only state that monitored attorney phone calls. Even then the American Civil Liberties Union …
Article • November 15, 2002 • from PLN November, 2002
Prisoners, Politics, Money and the Census by Gary Hunter It's a standing joke that the Texas economy has been grounded in the 3 C's: cattle, crude, and convicts. But while Texas gets most of the publicity for its massive prison build-up, the human-warehousing trend is literally sweeping the countrysideand it …
Article • November 15, 2002 • from PLN November, 2002
Supreme Court Holds No Immunity for Alabama Hitching Post by David Reutter by David M. Reutter The U.S. Supreme Court has reversed an Eleventh Circuit Court of Appeals ruling that held government officials are entitled for qualified immunity unless there exists previous case law that is "materially similar" to the …
Article • November 15, 2002 • from PLN November, 2002
Attorney Ghost Writing Must Be Disclosed by The Tenth Circuit has held that participation by an attorney in drafting otherwise pro se appellate briefs is per se substantial legal assistance and must be acknowledged by the attorney's signature. The case arose as a landowner's dispute wherein Arthur Duran sued Dean …
Article • November 15, 2002 • from PLN November, 2002
The Parents' Project Advocacy for Incarcerated Fathers: What's Missing? by Denise Johnston Denise Johnston & Michael Carlin T.L. had a son with a woman who lived in another part of his home state. He had little contact with the woman after the baby's birth, and never met her family. When …
Article • November 15, 2002 • from PLN November, 2002
From the Editor by Paul Wright Subscribers should soon receive PLN's annual fund-raiser mailing. If you can afford to make a donation to help sustain and expand PLN's work, please do so. PLN relies almost exclusively on reader support to continue publishing. Subscriptions account for only a portion of the …
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