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Author Jack Abbott’s Snitching Cannot Prevent Transfer by On September 23, 1983, the Eighth Circuit court of appeals held that a prisoner who claimed to be in danger for having snitched on other prisoners cannot prevent his own transfer to a prison where he claimed be would be in danger …
Class of Plaintiffs and Defendants Certified in Mental Health Suit by The plaintiff alleged that, notwithstanding a state court decision striking down the state statutory provisions for commitment of persons deemed incompetent to stand trial, those standards were still being applied at a number of Office of Mental Health facilities. …
Article • August 15, 2008
BOP Ordered to Reinstate Good Time Reduction Despite Weapons Enhancement by The petitioner had been determined eligible for early release upon completion of a substance abuse treatment program and was then disqualified based on a new Bureau of Prisons rule disqualifying those who had received sentence enhancements for weapons possession. …
Kansas Sex Offender Treatment Program Violates Fifth Amendment by The plaintiff was required to complete a sex offender treatment program or suffer impaired ability to earn good time, transfer to maximum custody, and loss of privileges for the review period, which "mirror the consequences imposed for serious disciplinary infractions." The …
Class Certification Denied in Suit by Disabled NM Children Prisoners by The plaintiffs, 16 mentally or developmentally disabled children in state custody, alleged a failure to provide protections and therapeutic services required by federal statutes and Constitution, seeking certification of a class of children "in or at risk of State …
Article • August 15, 2008
BOP Exclusion of Prisoners from Drug Treatment Overbroad by The petitioner, who had pled guilty to conspiracy to violate the firearms control laws, alleged that he had completed a drug abuse treatment program and therefore qualified for early release under a federal statute applicable to prisoners convicted of nonviolent offenses. …
Article • August 15, 2008
Exclusion of Prisoners With Immigration Detainees from BOP Drug Treatment Program Upheld by The Bureau of Prisons had authority to promulgate a program statement that denied prisoners with immigration detainers lodged against them the ability to participate in a drug and alcohol treatment program that could result in sentence reduction. …
Federal Prisoner Facing Deportation Has No Right to Rehabilitative Programs by Hector Jimenez, a federal prisoner facing deportation when his prison sentence was completed, filed suit in U.S. district court under 28 U.S.C. §§ 2241 and 2255, claiming that his equal protection rights were violated when prison officials denied him …
Article • August 15, 2008
Texas Supreme Court Upholds Sex Offender Civil Commitment Statute by by Matthew T. Clarke On May 20, 2005, the Supreme Court of Texas held that the Texas Civil Commitment of Sexually Violent Predators Act (the Act), Chapter 841, Texas Health and Safety Code, is not punitive and therefore is constitutional. …
150 Days in Segregation for Civil Detainee Upheld by Eighth Circuit by The Eighth Circuit Court of Appeals has held that a civil detainee’s placement in isolation for 150 days was not a constitutional violation, considering the specific facts in this case. The ruling affirms a Minnesota federal district court’s …
Wisconsin Pretrial Detainee's Free Speech Complaint Proceeds Over Denial of Books by Alfred Riley, a Wisconsin state detainee patient at the Sand Ridge Secure Treatment Center (SRSTC), a sex offender civil commitment facility, filed a lawsuit against the State, SRSTC and various other entities alleging federal and state law violations. …
Article • August 15, 2008
California Jury Instruction in Sexually Violent Predator Trial Affirmed by George Whaley, a California state prisoner, was civilly committed under the state Sexually Violent Predator Act (SVPA). At a trial to extend his commitment for two years, the jury was deadlocked. The judge suggested that they role play, with the …
Article • August 15, 2008
New York Prisoner Required to Participate in Drug Treatment Despite His Conviction Being for Murder by New York state prisoner Javier Gomez appealed the 2005 dismissal of his pro se complaint to enjoin the Department of Correctional Services (DOCS) from requiring his participation in a drug treatment program. His required …
$300,000 Settlement in Murder of College Student by Released Sexual Predator by The State of Minnesota has paid $300,000 to the family of a University of North Dakota student who was kidnapped, raped and killed by a recently-released sexual predator. The payment was offered as a pre-litigation settlement before a …
Article • August 15, 2008 • from PLN August, 2008
Three Suicide Suits At Sacramento, California Jail Settled For $1,000,000 by For a total of $1,000,000, California officials settled the wrongful death lawsuits stemming from three prisoner suicides in the Sacramento County jail. Sacramento County Sheriff John McGuiness averred that the agreement to settle should not be construed as evidence …
Article • August 15, 2008
Remote Sex Conviction Cannot Support Sex Offender Treatment Condition by The Sixth Circuit Court of Appeals has held that a 17-year-old conviction was too remote in time to warrant a special supervised release condition mandating sex offender treatment, but left open whether a more recent stalking conviction warranted imposition of …
Florida DCF Responsible for Transportation of Mental Patients Committed Under Fla. Stat. § 393.11, et seq. by David Everette, a Florida state mental patient, was committed to the Department of Children & Family Services (DCF) under Fla. Stat. 916.13, et seq., after being found incompetent to stand trial for an …
BOP Good Time Rule Upheld by Fourth Circuit by The Bureau of Prisons' regulation stating that convictions involving the use or possession of firearms were not "nonviolent offenses" entitling prisoners to early release if they successfully completed drug treatment programs was not unreasonable, and the program statement in which it …
Article • August 15, 2008
Wisconsin Prison Publication Ban Policy Disregards First Amendment Right To Newspaper Access by Wisconsin State prisoner William West brought 42 U.S.C. $ 1983 action against the Wisconsin Secure Program Facility (WSPF) and various guards after they refused him access to prepaid newspapers and discarded some issues in the trash. The …
Illinois Jail Detainee's Death Related Medical Documents Ordered Disclosed by Abdelkadir Belbachir brought federal and state action against McHenry County (Illinois) in 2006 after his cousin, Hassiba Belbachir, died in the county jail. He motioned to compel documents declared exempt under the peer review privilege (privilege) of the State Medical …
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