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Failure to Protect Confidential Informant Not Deliberate Indifference by The Court of Appeals for the Second Circuit held that the conduct of a county, when housing a prisoner with another prisoner against whom he had acted as a confidential informant, did not rise to the level of an Eighth Amendment …
Article • September 15, 2001 • from PLN September, 2001
Suits Claiming Racial Discrimination Plague Florida Prisons by Gary Hunter Citing incidents dating back to 1993, over 100 current and past employees are suing the Florida DOC for perpetuating a "long standing custom or policy of racial discrimination." What began as two law suits in December 1999 increased to four …
Private Prison Woes in Ohio by Gary Hunter Less than two years after it opened, the second privately operated prison in the state of Ohio is already in trouble. CiviGenics, a private prison company out of Massachusetts, has succumbed to pressure applied by the state employees union. On January 10, …
BOP Guards Smuggle Sperm by In October, 2000, federal prison guards Troy Kemmerer and Todd Swineford were arrested and indicted for accepting money to help smuggle cryogenic sperm kits to a New York City fertility clinic. The investigation began over two years ago when convicted hit man Kevin Granato sat …
Article • September 15, 2001 • from PLN September, 2001
'Invisible' Prisoner Gets $36,200 for Wrongful Imprisonment by A Mississippi man who was improperly jailed for nearly 10 months because of a "bureaucratic snafu" was awarded just $36,200 by a federal jury in Jackson, Mississippi in October 2000. Joseph Jones, a Jackson mechanic, was stopped by a state patrol officer …
Article • September 15, 2001 • from PLN September, 2001
Oklahoma Governor Takes Entrepreneur's Bribe by Oklahoma officials are investigating the propriety of $240,000 in cash gifts given to that State's governor, Frank Keating. Jack Dreyfus, an entrepreneur who hopes to convince Oklahoma prison officials to use Dilantin (a seizure medication) to control violent prisoners, made the gifts. After receiving …
FPI Has Sovereign Immunity in Fraud Action by The D.C. Circuit Court of Appeals has held that Federal Prison Industries, Inc. (FPI) is entitled to sovereign immunity in a qui tam suit brought under the False Claims Act (FCA), 31 U.S.C. §§ 3729 et seq. Gilbert W. Galvan, a federal …
Article • September 15, 2001 • from PLN September, 2001
Washington Supreme Court Upholds 35% Seizure Law by Roger Smith Washington Supreme Court Upholds 35% Seizure Law; But Prisoners Entitled To Interest From Mandatory Savings Accounts The Washington Supreme Court has declared RCW § 72.09.480 to be constitutional. The statute directs the Washington Department of Corrections (DOC) to seize 35% …
Article • September 15, 2001 • from PLN September, 2001
Filed under: Work, Prison Industries
No Workers' Compensation for Ohio Slave Laborers by Gary Hunter An attempt by Ohio prisons to manufacture items for retail business had to be cancelled because it could not provide Workers' Compensation insurance for prisoners. State Inspector General Thomas P. Charles says the state is not at fault. Rather, the …
Article • September 15, 2001 • from PLN September, 2001
Former BOP Prisoner Settles Medical Suit for $355,000 by Lonnie Burton The federal government wrote Terry Dean Scearce a check for $355,000 in November, 2000, to settle his claim that he suffered a stroke in 1998 because prison officials did not give him the medicine prescribed to treat his high …
Article • September 15, 2001 • from PLN September, 2001
New York Prisoners Prosecuted by Gary Hunter The prosecution of prisoners in Greene County New York is a high priority for District Attorney Terry Wilhelm. In the first nine months of his tenure, Wilhelm secured 23 indictments from the Greene and Coxsackie Correctional Facilities. His predecessor, Ed Cloke, prosecuted only …
No Due Process for Washington Sex Offender Registration by No Due Process For Washington Sex Offender Registration The Washington Supreme Court held that sex offenders are not entitled to notice or a hearing prior to being assigned a registration level. In 1990, the Washington State Legislature enacted the Community Protection …
Article • August 15, 2001 • from PLN August, 2001
Filed under: News, News in Brief
News in Brief by Bolivia: On June 4, 2001, prisoners at the Palmasola jail became fed up with a gang of prisoners who called themselves the "smurfs" who beat, assaulted and extorted other prisoners and their visitors at the jail. Taking matters into their own hands, a mob of prisoners …
DC Prisoner Wins $175,000 in Conditions Case by David C Fathi by David C. Fathi On January 25, 2001, a federal jury in Washington, D.C. awarded nearly $175,000 to D.C. prisoner Lawrence Caldwell in his challenge to conditions at the District of Columbia's Maximum Security Facility (MSF) in Lorton, Virginia. …
Article • August 15, 2001 • from PLN August, 2001
Washington Sex Offenders Settle Suit for $150,000 by Washington Sex Offenders Settle Suit For $150,000 On January 22, 2001, Washington Special Commitment Center (SCC) officials settled two consolidated civil actions involving seven civilly committed Washington sex offenders. The sex offenders complained that they were not provided treatment for the psychological …
Article • August 15, 2001 • from PLN August, 2001
Unjust Rape Conviction Nets New York Man $530,000 by In May, 2000, the New York Court Claims in White Plains awarded Victor Ortiz, 41, $530,658 in damages after he spent 12 years in prison for a rape he did not commit. In January 1984, Ortiz, then 25, was convicted of …
New York Nazi Guard Charged with Sodomy by New York Nazi Guard Charged With Sodomy In the January, 2001, issue of PLN we reported the New York Court of Appeals' ruling that upheld an arbitrator's decision to continue the employment of Edward Kuhnel, a prison guard at the Eastern Correctional …
Article • August 15, 2001 • from PLN August, 2001
Filed under: Sentencing, Habeas Corpus
Habeas Hints: Apprendi by Kent Russell by Atty. Kent Russell [This column is intended to provide "Habeas Hints" for prisoners who are handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs …
Turkish Prisoners Struggle Against Transfers by Julia Lutsky When the Turkish army stormed 20 prisons in December, 2000, a four-day pitched battle ensued during which thirty-two died _ 30 political prisoners and two soldiers. The army claimed that many prisoners set themselves afire rather than surrender; prisoners who survived allege …
Article • August 15, 2001 • from PLN August, 2001
Two Escape from Oklahoma Control Unit by Two Escape From Oklahoma Control Unit Two maximum security prisoners escaped on January 15, 2001, from the Oklahoma State Penitentiary's notorious Hunit, an underground control unit, only to be recaptured two days later. The escaped prisoners were identified by ODOC spokesman Jerry Massie …
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