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Article • September 15, 2002 • from PLN September, 2002
Filed under: Money/Property, Forfeiture
Supreme Court: "Reasonable Attempt" Suffices Absent Actual Notice of Forfeiture by John E Dannenberg by John E. Dannenberg The US Supreme Court held that due process of law was satisfied when a reasonable attempt was made to serve a federal prisoner with a statutory notice of administrative forfeiture of his …
Washington Prisoners Sue DOC for Extortion, Mail Fraud, Criminal Profiteering and Racketeering by Four Washington state prisoners have filed suit against the Department of Corrections (DOC) over DOC's longstanding practice of charging prisoners to ship their own personal property when they are transferred from one institution to another, and doing …
Article • September 15, 2002 • from PLN September, 2002
9-11 Prompts New Regulations for Prisoner Airline Transports by Following the terrorist attacks of September 11, the Federal Aviation Administration (FAA) transferred its rulemaking authority regarding civil aviation security to the Transportation Security Administration (TSA). The TSA subsequently promulgated new rules regarding the transportation of prisoners on civilian airlines. The …
Article • September 15, 2002 • from PLN September, 2002
Louisiana's Administrative Remedy Procedure Unconstitutional by by Matthew T. Clarke The Supreme Court of Louisiana has declared that the Corrections Administrative Remedy Procedure (CARP), La.Rev.Stat. 15:1171-1179, when applied to tort claims, violates article V,16 of the Louisiana constitution. Michael Wayne Pope, a Louisiana state prisoner, was severely injured on his …
Article • September 15, 2002 • from PLN September, 2002
Massachusetts Supreme Court Upholds Ban on Prisoner PAC by The Massachusetts Supreme Court has upheld summary judgment against the Massachusetts Prisoners Association Political Action Committee (MPAPAC). The court also upheld disciplinary sanctions by the Massachusetts Department of Corrections (DOC) against MPAPAC cofounder Michael Shea. The ruling largely destroys MPAPAC. Shea, …
Article • September 15, 2002 • from PLN September, 2002
Hemorrhoids: A Serious Medical Condition by A federal district court in Illinois has denied a motion to dismiss a complaint for the failure to alter treatment for a prisoner's hemorrhoid problem. Prisoner Brian Jones brought a 42 U.S.C. § 1983 action against six medical doctors at Illinois' Stateville and Joliet …
Ohio District Court Grants TRO on Grooming Regulations by The Federal District Court for the Northern District of Ohio has granted a temporary restraining order (TRO) against Marion Correctional Institution (MCI), Marion, Ohio, preventing Warden Christine Money from enforcing a grooming policy against two Orthodox Chassidic Jews. Michael Goodman and …
Article • September 15, 2002 • from PLN September, 2002
Multiple Prisoners Proceeding IFP Must Pay Separate Filing Fees by The Eleventh Circuit US Court of Appeals held that multiple prisoners, when asserting in forma pauperis (IFP) status in a federal civil rights action, cannot join their claims to pro-rate a single filing fee among all the plaintiffs. Earnest Hubbard …
Article • September 15, 2002 • from PLN September, 2002
Microsoft Demands $1.5 Million from Texas Prison System for Software Violations by Microsoft Corporation, the computer software giant based in Redmond, Washington, has demanded a $1.5 million payment for software "licensing shortfalls." The demand was made on the Texas Department of Criminal Justice (TDCJ), the agency that operates the state's …
Disputed Material Facts in Failure to Protect Suit Preclude Interlocutory Appellate Review by The Sixth Circuit Court of Appeals has ruled that it is without jurisdiction to hear an interlocutory appeal on qualified immunity issues where material facts are in dispute. The Court of Appeals let stand most of a …
$287,500 Awarded in Texas Jail Rape by On February 19, 2002, a federal jury in Lubbock, Texas, awarded $287,500 to a former prisoner raped in the Lamb county jail. The plaintiff, who used the pseudonym, J.L., suffers from scoliosis and brain damage. He was serving a 29-day sentence on unspecified …
Article • September 15, 2002 • from PLN September, 2002
No Qualified Immunity for Guards Who Failed to Provide CPR by No Qualified Immunity for Guards who Failed to Provide CPR The U.S. Court of Appeals for the Eighth Circuit struck down a district court's grant of qualified immunity and summary judgment in favor of three Nebraska prison guards who …
Article • September 15, 2002 • from PLN September, 2002
Florida Guard's Threat of Death Requires Summary Judgment Denial by A federal district court in Florida has denied summary judgment to a guard that threatened violence against a prisoner who filed a lawsuit against the guard's brother. While confined at Florida's Liberty Correctional Institution, prisoners Joseph Wilson and David Croft …
Article • September 15, 2002 • from PLN September, 2002
Dental Care Denial Defeats Summary Judgment by A federal district court in Illinois has denied summary judgment in a prisoner's denial of dental treatment claim under the Eighth and Fourteenth Amendments, and expounded on the relations back upon amendment provision of Fed.R.Civ.P. 15(c). While a detainee at the Cook County …
Article • September 15, 2002 • from PLN September, 2002
Washington Sex Offender Therapist Fired for Sex Related Misconduct by Thomas Smith is again in hot water over his seemingly endless sexoriented misconduct. On February 12, 2002 he was fired from his therapist position at the Special Commitment Center (SCC) on McNeil Island near Steilacoom, Washington. He had "treated" civilly …
Article • September 15, 2002 • from PLN September, 2002
Filed under: News, News in Brief
News in Brief by California: On June 24, 2002, San Francisco prosecutor Floyd Andrews pleaded not guilty to felony assault charges stemming from his stabbing of Martin Stanley when he caught Stanley urinating on a fence in front of his home. Andrews stabbed Stanley seriously enough to expose his intestines …
Article • September 15, 2002 • from PLN September, 2002
Death Row Prisoners Volunteer to Die by Late in 1997, Arizona began moving death row prisoners to a super-maximum security facility. There, they are held in small, separate cells for 23 hours a day with almost no interaction with other human beings. In Florida, prison officials recently added a mesh …
Article • September 15, 2002 • from PLN September, 2002
Review: The Criminal Law Handbook, 3rd Edition by by Paul Bergman and Sara J. Berman-Barrett. Nolo, 606 pages, paperback, $29.95 A sure-fire method to eliminate future overcrowding of our nation's prisons would be to compel each aspiring scofflaw to read the third edition of The Criminal Law Handbook before his …
Ill Treatment on Our Shores by Anne-Marie Cusac ( On October 24, 2001, Muhammed Butt died of a heart attack at the Hudson County Correctional Center in Kearny, New Jersey. Butt, a Pakistani national, was detained on September 19 by the FBI as a suspect connected with the September 11 …
Article • August 15, 2002 • from PLN August, 2002
New Jersey Goes Online with Sex Offender Website by A federal district court in New Jersey has denied sex offender plaintiffs Motion for Preliminary Injunction Relief seeking to prevent implementation of New Jersey's (NJ) Internet sex offender registry, but barred the listing of the offenders' home addresses. On November 7, …
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