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Florida Guards Murder Another Prisoner, Get Another Acquittal by David Reutter by David M. Reutter A state jury has acquitted three Florida prison guards in the murder of death row inmate Frank Valdes. The guards, Captain Timothy Thornton, Sgt. Jason P. Griffis, and Sgt. Charles A. Brown, were exonerated of …
Article • August 15, 2002 • from PLN August, 2002
Filed under: Sentencing, Good Time, Parole
No 85% on New Jersey Murder Conviction by The Supreme Court of New Jersey has affirmed an Appellate Division's holding that the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, does not apply to murder. The justices evenly split on this case of statutory construction. Murder is the only crime for …
Article • August 15, 2002 • from PLN August, 2002
The Parents' Project by Denise Johnston by Denise Johnston and Michael Carlin According to the U.S. Department of Labor, more than 25% of the nation's adult population lives with a criminal record for a substantial portion of their lives. The majority of these adults are parents. The Center for Children …
Article • August 15, 2002 • from PLN August, 2002
Prisoner's Guerrilla Handbook to Correspondence Programs in The United States and Canada , 2 nd Ed. by Hans Sherrer by Jon Marc Taylor, Biddle Publishing Co., 2002, pb. 341 pages Review by Hans Sherrer All across the country DOC educational programs available to prisoners are being reduced or eliminated. That …
Courts Retain Power To Grant TROs Under PLRA by The District of Columbia (DC) Court of Appeals has vacated a district court ruling on the merits of a prisoner lawsuit where the district court also found that the prisoner plaintiffs failed to exhaust administrative remedies prior to filing suit. Louis …
Article • August 15, 2002 • from PLN August, 2002
Officials Netted in Kansas Jail Bribery by A private company, MgtGP Inc., was awarded a $1.5 Million contract in 1997, and a four-year renewal in January 1997 worth $615,000 for that year alone, to run Kansas's Reno County Jail Annex. In May 2001, Reno's Sheriff, Larry Leslie, pled innocent to …
Article • August 15, 2002 • from PLN August, 2002
Kansas Sexual Predator Civil Commitment Standards Refined by U.S. Supreme Court by The U.S. Supreme Court refined its earlier ruling that a sexually violent predator could constitutionally be civilly committed after his criminal sentence had been served by distinguishing sexual misbehavioral impairment classifications into those caused by an uncontrollable mental …
Article • August 15, 2002 • from PLN August, 2002
Washington PDA May Be Used for Pre-Trial Discovery by The Washington State Supreme Court held that the Washington Public Disclosure Act (PDA) at RCW § 42.17 et seq, may be used as a pretrial discovery tool to obtain caserelated documents from agencies against whom parties are litigating civil cases. The …
$54,750 Damages Awarded Asthmatic Prisoner in Michigan ETS Suit by John E Dannenberg by John E. Dannenberg The U.S. District Court (E.D..) awarded an asthmatic Michigan state prisoner $36,500 in compensatory damages and $18,250 in punitive damages after a bench trial determination that Michigan Department of Corrections (DOC) wardens had …
Article • August 15, 2002 • from PLN August, 2002
States Capitulate on Reading Legal Mail by John E Dannenberg by John E. Dannenberg The disturbing trend of several states to inspect legal mail outside the presence of the prisoner [see PLN Mar. 2002 "State Prisons Abrogate Attorney Client Privilege"] has begun to crumble under court challenges. Begun under the …
Article • August 15, 2002 • from PLN August, 2002
Filed under: PLRA, Attorney Fees (PLRA)
Court Criticizes PLRA Attorney Fee Cap by David Reutter by David M. Reutter ( A federal district court for the Eastern District of Michigan (EDM) has held the Prison Litigation Reform Act (PLRA) caps attorney fees in prisoner civil rights cases, but criticized that holding. Michigan prisoner Blaine Sallier was …
Oklahoma Jailhouse Informants Settle Failure to Protect Suit for $80,000 by Federal prisoners Curtis Sherfield and Hugh Grayson, who were being held at the Oklahoma County jail on federal drug charges, were given a total of $80,000 in December 2001 to settle their lawsuit against the county after they were …
Article • August 15, 2002 • from PLN August, 2002
Judge Awards $2.8 Million to Victims of CSC Texas Boot Camp Sexual Abuse by Judge Awards $2.8 million to Victims of CSC Texas Boot Camp Sexual Abuse On March 5, 2001, State District Court Judge Paul Enlow found Correctional Services Corporation (CSC) criminally liable for the actions of two former …
Criminal Guards in Texas by Four female guards were each freed from Jefferson County Jail on $6,000 bond early in January 2002 after being charged with crimes involving sex with Texas prisoners. The four women were employed by the Texas Department of Criminal Justice (TDCJ) at the Mark W. Stiles …
CCA Conditions Claim Not Frivolous by The Sixth Circuit Court of Appeals has reversed a Tennessee Federal District Court's dismissal of a prisoner's 42 U.S.C. §1983 claims as frivolous, vacating and remanding part of the lower court's decision with instructions. David Dellis is a Wisconsin prisoner who was for a …
Article • August 15, 2002 • from PLN August, 2002
PLRA and AEDPA Have Different Effects on Prisoner Petitions by In a December 2001 special report, the Bureau of Justice Statistics, a division of the U.S. Department of Justice, determined that the Prison Litigation Reform Act (PLRA) and the Antiterrorism and Effective Death Penalty Act (AEDPA) have had significant, but …
Article • August 15, 2002 • from PLN August, 2002
Filed under: Sentencing, Parole
Court Reviewability of California Parole Denials Survives; No Parole Policy Goes to State Supreme Court by Marvin Mentor The California Supreme Court let stand one appellate court's ruling that the California Board of Prison Terms' (BPT) lifer parole denial decisions were subject to court oversight under a "some evidence" standard, …
Article • August 15, 2002 • from PLN August, 2002
Filed under: News, News in Brief
News in Brief by California: On May 1, 2002, the Wasco State Prison banned all smoking by prisoners at the facility, becoming the second state prison in California to do so. Prison officials claimed it was costing $250,000 a year to reprimand prisoners smoking in non smoking areas and to …
News in Brief by Roger Hummel Alaska: On April 11, 2002, Cynthia Cooper, the head prosecutor in the state attorney general's office, resigned after being judicially admonished for pursuing felony charges against a public defender who crashed his car into a light pole. Anchorage prosecutors had agreed to a misdemeanor …
Article • August 15, 2002 • from PLN August, 2002
Filed under: Editorials, Juveniles
From the Editor by Paul Wright 9-11 Immigration Detainees NJ Sex Offender Website Florida Guards Acquitted Parents' Project S.Ct. on Civil Commitment $3.5 Million Nevada Settlement Damages in Michigan Smoking Case Legal Mail Bans $2.8 Million TX Boot Camp Award Texas Guards California Parole News in Brief When people think …
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