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Article • September 15, 2011
Ninth Circuit Faults Mootness Dismissal, Denial of Counsel by The ninth Circuit Court of Appeals vacated the mootness dismissal of an Idaho prisoner’s conditions of confinement suit. The court also found that it was an abuse of discretion to dismiss without ruling on the prisoner’s request for appointment of counsel. …
Article • September 15, 2011
Strip Searches of Juveniles Constitutional by The Eighth Circuit Court of Appeals has held that it is not unconstitutional to strip search juvenile arrestees. The ruling came in a class-action lawsuit filed by then 16-year-old Jodie Smook, who was arrested for violating local curfew laws. Smook was taken to the …
Article • September 15, 2011
Filed under: Private Prisons, CMS
Prolonged Sitting On Steel Stools Claim Survives Summary Judgment by Prolonged Sitting on Steel Stools Claim Survives Summary Judgment Gabriel B. Nock, a prisoner at the Dover Community Correctional Center (DCC) in Dover, Delaware, filed suit in federal district court against Correctional Medical Services (CMS), the health services provider at …
Article • September 15, 2011
Rape By Houston Jail Guard Nets $300,000 Jury Award by Rape by Houston Jail Guard: $300,000 Jury Award Linda Lu, a former prisoner at the Harris County Jail in Houston, Texas, filed suit in the 125th District Court of Harris County alleging that Harris County Deputy Marcus S. Fleck twice …
Article • September 15, 2011
Ninth Circuit: No § 1983 Private Right Of Action Accrues From Failure To Notify Alien Prisoner’s Consulate by Ninth Circuit: No § 1983 Private Right of Action Accrues from Failure to Notify Foreign National Prisoner’s Consulate by John E. Dannenberg The Ninth Circuit Court of Appeals has held that a …
Article • September 15, 2011
Fourth Circuit: Virginia Not Immune from RLUIPA Suit by On December 29, 2006, the Fourth Circuit Court of Appeals held that the Religious Land Use and Institutionalized Persons Act (RLUIPA) was a valid exercise of Congress’ spending powers and that the State of Virginia was subject to its requirements because …
Article • September 15, 2011
Ohio: Jailhouse Lawyer OK'd Absent State-Supplied Meaningful Alternatives by John Dannenberg Ohio: Jailhouse Lawyer OK’d Absent State-Supplied Meaningful Alternatives by John E. Dannenberg A majority of the Ohio Supreme Court held that the right of prisoners to meaningful access to the courts entitles them to be aided by jailhouse lawyers …
Remembering Attica Forty Years Later by Dennis Cunningham by Dennis Cunningham, Michael Deutsch & Elizabeth Fink This year, September 9 will mark the 40th anniversary of the rebellion at Attica State Prison in upstate New York. As one of the prisoner leaders, L.D. Barkley, announced to the world, the rebellion …
Article • September 15, 2011 • from PLN September, 2011
Filed under: Sentencing, Good Time, Parole
Extra Earned Time Sentence Reductions Save Oregon $25 Million by Early prison releases saved Oregon at least $25 million in 2009, according to an audit report by the Secretary of State’s office released in December 2010. On November 1, 1989, Oregon replaced its indeterminate parole matrix sentencing system with a …
Article • September 15, 2011 • from PLN September, 2011
From the Editor by Paul Wright The modern era of prison reform in the United States was ushered in 40 years ago this month in a hail of blood and gunfire at Attica State Prison in New York. Afterwards the refrain was that every prison was Attica and Attica was …
Article • September 15, 2011 • from PLN September, 2011
800,000 Ex-Offenders Regain Voting Rights – 5.3 Million More to Go by Since 1997, an estimated 800,000 former offenders have regained their voting rights as 23 states eased or eliminated felony disenfranchisement statutes and policies, according to a recent report by The Sentencing Project. Still, only seven states – Texas, …
Female Prisoners Removed from CCA Facility in Kentucky by Five years of staff-on-prisoner sexual abuse, inadequate medical care, security lapses and other problems finally forced Kentucky and Hawaiian officials to remove about 600 female prisoners from a privately-operated prison. Corrections Corporation of America (CCA), the nation’s largest private-prison company, runs …
Brief • September 15, 2011
Dach v. City of Richmond et al, CA, Letter to Judge, discovery dispute fees cost, 2011 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page1 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page2 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page3 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page4 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page5 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page6 …
Brief • September 14, 2011
Walker v. Moody, CA, Complaint, Detective Misconduct, 2011 Case: 10-55692 09/14/2011 ID: 7894538 DktEntry: 32 Page: 1 of 51 Ninth Circuit Nos. 10-55692 and 10-55970 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MICHAEL WALKER, Plaintiff and Appellee, v. STEVEN MOODY and ROBERT PULIDO, Defendants and Appellants. …
Adams v. CCA, CO, Plf Mot for PO, Disclosure of Medical Requests, 2011 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 Plaintiffs: VANCE A. ADAMS et. al. Defendants: CORRECTIONS CORPORATION …
Brief • September 13, 2011
Lopez v. County of Tulare, CA, Complaint, Jail Suicide, 2011 5 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) GINA ALTOMARE (State Bar No. 273099) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Facsimile: (510) 452-5510 6 Attorneys for Plaintiffs 1 …
Publication • September 13, 2011
Filed under: Food
USDOJ Food Service Manual 2011 U.S. Department of Justice Federal Bureau of Prisons PROGRAM STATEMENT OPI: HSD/FDS NUMBER: P4700.06 DATE: September 13, 2011 Food Service Manual /s/ Approved: Thomas R. Kane Acting Director, Federal Bureau of Prisons 1. PURPOSE AND SCOPE To standardize management of Food Service operations within the …
Brief • September 12, 2011
Smith v. Wayne County, MI, Complaint, Jail Suicide, 2011 2:10-cv-14257-NGE-PJK Doc # 51 Filed 09/12/11 Pg 1 of 37 Pg ID 1111 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION GLORIA H. SMITH, individually and as CoPersonal Representative of the Estate of Jason Lewis Smith, and CAMILLE MITCHELL, …
Brief • September 9, 2011
Spurlock v. Townes, NM, Ptf. Proposed Jury Instructions, CCA Guard Rapes Prisoners, 2011 Case 1:09-cv-00786-WJ-SMV Document 173 Filed 09/19/11 Page 1 of 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 …
Brief • September 9, 2011
Prison Legal News v. Gusman, LA, Complaint, censorship, 2011 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA * * * * * MARLIN GUSMAN, Sheriff, Orleans * Parish, CARLOS LOUQUE, Warden, * House of Detention, KEVIN WINFIELD, * Warden, Old Parish Prison, CHARLES * EZEB, Warden, Temporary Jails, JERROD * …
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