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Article • February 15, 2008 • from PLN February, 2008
Privately Run Seal Beach, California Jail Closed Following Checkered Past by John Dannenberg by John E. Dannenberg With salacious tales of murderous and thieving former guards splashed across local headlines, Seal Beach, California officials shut down their privately-run jail on June 15, 2007. The city claimed that the jail?s for-profit …
Broward County, FL Sheriff Resigns, Pleads Guilty to Federal Corruption Charges by David Reutter by David M. Reutter Facing an imminent federal grand jury indictment, Florida?s Broward County Sheriff Ken Jenne took preemptive action by agreeing to plead to lesser charges and resign as Sheriff. PLN has previously reported the …
First Circuit Upholds Ex-Boston Guard’s 46-Month Prisoner-Abuse Sentence by Matthew Clarke First Circuit Upholds Ex-Boston Guard's 46-Month Prisoner-Abuse Sentence by Matthew T. Clarke The First Circuit Court of Appeals has upheld a 46-month prison sentence imposed on a former guard at the Nassau Street Jail in Boston, Massachusetts for beating …
Article • January 15, 2008
Parolee's Conviction Reversed for Illegal Probation Search by The Ninth Circuit Court of Appeals has reversed a parolee's conviction for possessing a gun because the warrantless probation search was unconstitutional and subsequent incriminating statements were inadmissible under the "fruit of the poisoned tree" doctrine. Curtis Ray Howard was convicted of …
Article • January 15, 2008
Conflicting State Statutes Require Reversal of Massachusetts Riot Convictions by Defendant Randall Spearin and co defendant Gualter M. Camara, both Massachusetts State prisoners, appealed their convictions from a 2001 uprising at the Bristol County House of Corrections (Bristol), where they were incarcerated and led a riot. When they filed an …
Article • January 15, 2008
New York Court Allows Garnishment of Military Pay for Crime Victim's Judgment by The New York Supreme Court in Albany County has held that funds in a prisoner's inmate account are not exempt from garnishment to satisfy a judgment under the state's Son-of-Sam law even if those funds are military …
Article • January 15, 2008
CA Prisoner's Convictions for Conspiracy to Smuggle Drugs Vacated for Bad Jury Instructions by Jaime Jasso, a California state prisoner, made several phone calls to someone outside of prison named Ruben. Guards monitored those calls and discovered that their purpose was for Passo to give Ruben directions for obtaining drugs …
Article • January 15, 2008
Documents Exempt from Viewing under Public Records Act Allowed with Confidentiality Agreement by Because of an underlying civil action brought in Massachusetts against the Bright Horizons Children's Center, Inc. (the Center), alleging sexual abuse of a minor child, the Center sought records of the completed investigation from the district attorney …
Article • January 15, 2008
Fed Prisoner's Conviction for Possessing Body Armor Affirmed by Carl Patton, a federal prisoner with a violent criminal history, was convicted under federal law of unlawful possession of body armor pursuant to 18 U.S.C. § 931. He claimed that the Commerce Clause of the U.S. Constitution didn't authorize Congress to …
Article • January 15, 2008
Fed Prisoner's Non-Custodial Escape was a Crime of Violence for Sentencing Purposes by Deondery Chambers, a federal prisoner, pled guilty to being a felon in possession of a firearm. The district court judge found that he had three violent priors and sentenced him to 188 months as an armed career …
Article • January 15, 2008 • from PLN January, 2008
Utah Prisoner Kills Guard During Escape While on Medical Transport by David Reutter by David M. Reutter On June 25, 2007, a Utah state prisoner shot and killed a prison guard while escaping from a hospital where he had been taken to receive an MRI. The escape occurred at the …
Racial Impact Statements as a Means of Reducing Unwarranted Sentencing Disparities by Marc Mauer The extreme racial disparities in rates of incarceration in the United States result from a complex set of factors. Among these are sentencing and drug policies which, intended or not, produce disproportionate racial/ethnic effects. In retrospect, …
Largest Oregon Jail a Cesspool of Misconduct and Mismanagement, Report Finds; Sheriff Faulted and Under Fire by Mark Wilson On November 1, 2006, the Multnomah County District Attorney?s (DA?s) Office in Portland, Oregon released a blistering 63-page report that found systemic, shocking problems in the state?s largest jail system. ?Conservative? …
Audit Reveals Continuing “State of Chaos” at Hawaii Youth Prison by Audit Reveals Continuing "State of Chaos" at Hawaii Youth Prison The Hawaii Youth Correctional Facility (HYCF) is in non-compliance with most of the American Correctional Association (ACA) "Standards for Juvenile Correction Facilities," according to a 2007 security audit. HYCF, …
$195,000 Paid to Family of Slain Florida Prison Guard by David Reutter by David M. Reutter The Florida Department of Corrections (FDOC) has agreed to pay $195,000 to the family of murdered prison guard Darla Kay Lathrem, 38. PLN previously reported the incident. [See: PLN, April 2006, p.42]. Lathrem was …
Seventh Circuit Rejects Federal Prisoner’s Necessity Defense by Seventh Circuit Rejects Federal Prisoner's Necessity Defense The Seventh Circuit found that a federal prisoner had failed to prove the requisite elements of the "necessity" defense in a prison weapon possession prosecution. In 1992, David Sahakian was sentenced to 360 months in …
Wrongful Death Suit Against LA County Jail Settles For $750,000 by The surviving family of an untreated and mistreated mentally unstable diabetic prisoner who died at the Los Angeles, California (LA) County Jail settled their wrongful death lawsuit against the county and LA Sheriff?s officials for $750,000 in May 2007. …
Eighth Circuit Upholds Arkansas Jailer’s 78-Month Sentence for Brutalizing Prisoners by Eighth Circuit Upholds Arkansas Jailer's 78-Month Sentence for Brutalizing Prisoners The Eighth Circuit U.S. Court of Appeals upheld the criminal conviction of an Arkansas jailer for violation of the civil rights of two prisoners whom he beat maliciously and …
Former Illinois DOC Director, Former Prisoner Advocate, Others Indicted on Federal Corruption Charges by The former Director of the Illinois Department of Corrections (DOC) was indicted by a federal grand jury in July 2007 on charges of taking $50,000 in kickbacks from health care vendors that received state prison contracts. …
Article • December 15, 2007 • from PLN December, 2007
BJS Releases Statistics on Vets in Prison in 2004 by Veterans were about half as likely as non-veterans to be imprisoned in 2004, but more than twice as likely to be serving time for a sex offense, the U.S. Bureau of Justice Statistics said in a report released on May …
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