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Article • November 15, 2011 • from PLN November, 2011
Courts Cannot Order Federal Prisoners to Participate in IFRP by A federal criminal defendant cannot be ordered to participate in the Bureau of Prisons’ (BOP) Inmate Financial Responsibility Program (IFRP) as part of his or her sentence, the U.S. Court of Appeals for the Seventh Circuit held on June 11, …
Article • November 15, 2011 • from PLN November, 2011
Ohio Prisoner Escape and Hostage-Taking Results in Lawsuit Against CCA, Settlement by Corrections Corporation of America (CCA) has agreed to a confidential settlement in a negligence suit following an escape from one of the company’s private prisons. On April 2, 2007, prisoner Billy Jack Fitzmorris, held at the CCA-run Northeast …
Article • November 15, 2011 • from PLN November, 2011
Tenth Circuit Rules Denial of Halal Diet May Violate RLUIPA by Michael Brodheim by Mike Brodheim The denial of a halal diet to a Muslim prisoner may violate the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §§ 2000cc to 2000cc-5, the Tenth Circuit held on April 2, …
Article • November 15, 2011 • from PLN November, 2011
Tenth Circuit Rules Oklahoma Prisoner Exhausted Administrative Remedies by The U.S. Court of Appeals for the Tenth Circuit reversed the dismissal of an Oklahoma prisoner’s civil rights lawsuit against prison officials for refusing to provide him with a vegetarian diet consistent with his faith. In reversing the district court, the …
Eighth Circuit Upholds Denial of Qualified Immunity on Medical Claims Against CMS by On July 20, 2010, the Eighth Circuit Court of Appeals affirmed in part a district court’s denial of summary judgment to prison officials on the medical claims of two Arkansas state prisoners. Arkansas Department of Corrections (ADOC) …
Article • November 15, 2011 • from PLN November, 2011
Florida Jail Offers Video Visits to Profiteer More From Prisoner Families by A video visitation system has been installed at Florida’s Charlotte County Jail. Using money from the Inmate Welfare Fund, which is derived from profits from the canteen and other services to prisoners, the jail installed a system that …
Eleventh Circuit Reverses Dismissal of BOP Failure to Protect Suit by The U.S. Court of Appeals for the Eleventh Circuit reversed the dismissal of a failure to protect suit filed by a federal prisoner who claimed that he was attacked by a guard for participating in a prison investigation. “John …
ICE, CCA Settle ACLU Lawsuit Regarding Health Care for Immigration Detainees by Derek Gilna A lawsuit filed by the American Civil Liberties Union that alleged deficiencies in health care at the San Diego Correctional Facility (SDCF) in Otay Mesa, California has been settled, according to a December 16, 2010 press …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Sentencing, Good Time
California: New Postsentence Rehabilitation Credits Inapplicable to Sentences of Convicted Murderers by The California Court of Appeal held on June 22, 2010 that a new state statute, which authorizes postsentence credit against a determinate term of imprisonment for successful completion of approved rehabilitative programs, does not apply to an indeterminately …
Article • November 15, 2011 • from PLN November, 2011
Texas Jail Guards Smuggle Contraband in Tacos, Ramen Noodles by When Bexar County jail guard Alfred Casas, 32, agreed to bring some tacos to prisoner Jacob Keller in violation of jail rules, he probably didn’t think much of it. That changed when the tacos contained hacksaw blades intended for use …
Article • November 15, 2011 • from PLN November, 2011
$725,000 Award in Negligent Medical Care Suit Involving Poisoned New York Prisoner by A New York Court of Claims has awarded $725,000 to the estate of a prisoner who died due to medical neglect after being poisoned at the Sing Sing Correctional Facility. Rodney Williams, 20, was three weeks from …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Visiting, Attorney Visits
Alabama Sheriff Capitulates to ACLU in Challenge to Denial of Attorney Visits by The ACLU of Alabama has reached a settlement that allows its staff members to have consultation visits with prisoners at the Fayette County Jail (FCJ). The settlement was reached within six weeks after the ACLU sued the …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Mental Health, Suicides
Oregon Jail Suicides Lead Grand Juries to Fault Prevention Efforts, Staff Training by Mark Wilson A January 3, 2011 grand jury report found that suicide prevention was a major concern at the Multnomah County Detention Center (MCDC) in Portland, Oregon. Seventeen days later that finding was tragically underscored by the …
Article • November 15, 2011 • from PLN November, 2011
Incapacitation Good Cause for Untimely Exhaustion Under PLRA by The Seventh Circuit Court of Appeals has held that physical incapacitation constitutes good cause for failure to exhaust administrative remedies within the time frame set by prison officials. As such remedies are not “available” within the meaning of the Prison Litigation …
Federal Court Rules on Exhaustion Issues for Joined Plaintiffs in Lawsuit Against CCA by On October 18, 2010, an Idaho federal court held that prisoners who were subjected to confusing rules and advice from prison officials regarding how to raise grievance issues had adequately exhausted their administrative remedies when they …
Article • November 15, 2011 • from PLN November, 2011
California Appellate Ruling Holds Court Fee Inapplicable to Pre-2009 Convictions by The California Court of Appeal has held that a $30 to $35 court facilities fee imposed by a non-penal statute, Government Code § 70373, does not apply to cases in which the defendant pleaded guilty, or was found guilty …
Article • November 15, 2011 • from PLN November, 2011
PLN Files Censorship Suit Against NYDOCS by On October 11, 2011, Prison Legal News filed suit against New York State Department of Correctional Services officials, including NYDOCS Commissioner Brian Fischer. The lawsuit, filed in the U.S. District Court for the Southern District of New York, alleges First and Fourteenth Amendment …
Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Holds Serious Risk to Prisoner’s Health Posed by Year-Long Denial of Outdoor Exercise “Obvious” as a Matter of Law by Michael Brodheim by Mike Brodheim In a 42 U.S.C. § 1983 suit brought by a California prisoner who was denied outdoor exercise for 13 months and 25 days …
Article • November 15, 2011 • from PLN November, 2011
Former Judges in “Cash for Kids” Scandal Sentenced by Derek Gilna Two former Pennsylvania state court judges who were accused by federal prosecutors of running a multi-million dollar scheme to send juvenile offenders to privately-run prisons in exchange for bribes have been sentenced. Former judge Mark A. Ciavarella, Jr., 62, …
Article • November 15, 2011 • from PLN November, 2011
U.S. Supreme Court Holds Civil Contemptor Facing Incarceration Requires Procedural Safeguards Absent Counsel by The U.S. Supreme Court held on June 20, 2011 that counsel need not be provided to a person facing civil contempt for failure to pay child support so long as the state has “in place alternative …
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