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Illinois Federal Court Denies Prisoner Release Order at Cook County Jail by Derek Gilna In a per curium decision, on January 11, 2011 a three-judge panel of federal judges of the U.S. District Court for the Northern District of Illinois denied a request by the Sheriff of Cook County for …
Article • August 15, 2011 • from PLN August, 2011
From the Editor by Paul Wright Over the years some readers have said they find Prison Legal News depressing because we don’t report any good news, or not much anyway. One reason for that, of course, is because there has been precious little “good news” emanating from the American criminal …
Article • August 15, 2011 • from PLN August, 2011
Treasury Department Finds Prisoners’ Fraudulent Tax Returns Taxing by Derek Gilna Despite passage of the Inmate Tax Fraud Prevention Act of 2008, the Internal Revenue Service has been unable to curb alleged income tax fraud by prisoners, according to a report released by the Inspector General of the U.S. Department …
Prosecutors Who Commit Misconduct Are Rarely Disciplined by Matthew Clarke by Matt Clarke Prosecutors have a great deal of power and discretion. They choose whether to prosecute a case, what charges to file against a defendant and what plea bargain to offer. They can influence the court when imposing sentence …
Article • August 15, 2011
Community Education Centers Acquires CiviGenics by In June, 2007, Roseland, New Jersey-based Community Education Centers, Inc, (CEC), the nation’s largest private provider of re-entry and rehabilitative services combined with Marlborough, Massachusetts-based CiviGenics, Inc., the largest provider of in-prison treatment in the country and the nation’s third-largest operator of private prisons. …
Article • August 15, 2011
Prison Officials Losing War on Drug Smuggling by David Reutter by David M. Reutter Despite the closed environment and high security features of prisons, prison officials continue to lose the battle against drugs and other contraband smuggling. The results of interdiction efforts are often the same as those in America’s …
Article • August 15, 2011
Filed under: Sentencing, Parole
Resentence Credit May Be Used to Reduce Period of Mandatory Parole, Colorado Supreme Court Decides by Brandon Sample By Brandon Sample Presentence confinement credit (PSCC) unapplied during incarceration may be used to reduce an offender’s period of mandatory parole, the Supreme Court of Colorado decided December 3, 2008. Joseph Edwards …
Article • August 15, 2011
Filed under: Searches, Strip Searches
Colorado Women Prisoners Call Strip-search Procedure Demeaning, Traumatizing by Pamela White Being strip-searched has long been a part of incarceration. But prisoners at the Denver Women’s Correctional Facility (DWCF) say a change in their strip-search procedure subjects them to undue humiliation and leaves some of them traumatized, particularly those with …
Article • August 15, 2011
Filed under: Commentary/Reviews
The Societal Impact of the Prison Industrial Complex, or Incarceration for Fun and Profit ... Mostly Profit by Alex Friedmann At the beginning of the 1980s there were no privately-operated adult correctional facilities in the United States. Today more than 127,600 state and federal prisoners are housed in for-profit lock-ups, …
Article • August 15, 2011
Court Strikes Down Ban on Care for Transgendered Prisoners by Brandon Sample By Brandon Sample On March 31, 2010, Chief U.S. District Judge C.N. Clevert, Jr. struck down Wis. Stat. § 302.386(5m) as unconstitutional. The law, Clevert held, denied transgendered prisoners the right to individualized treatment for Gender Identity Disorder …
Article • August 15, 2011
Sexual Misconduct Nets Oregon Jailer 20 Days by Mark Wilson By Mark Wilson An Oregon jail guard was sentenced to 20 days in jail and 18 months of bench probation for sexually abusing three female detainees. As we’ve previously reported, on May 13, 2010, Clackamas County, Oregon Jail Deputy Darin …
GPS Tracking of Washington Sex Offenders Expanded by David Reutter By David M. Reutter In September 2008, The Washington State Department of Corrections (WDOC) began requiring its most violent sex offenders to wear a GPS monitoring bracelet for the first 30 days after release from prison. The new program is …
Article • August 15, 2011
Another Unsupervised Prisoner Beaten To Death in L.A. County Jail by The eighth prisoner-on-prisoner killing in the Los Angeles (LA) County Jail in the past two years occurred in November, 2005, in spite of earlier assurances by Sheriff Lee Baca that he was taking steps to tighten security after the …
Article • August 15, 2011
Maricopa County Settles Prisoner Suicide Case for $250,000 by On February 12, 2009, Maricopa County, Arizona, settled for $250,000 a lawsuit brought by survivors of a prisoner who committed suicide at the Maricopa County Jail. Francisco Oviedo was booked into the Lower Buckeye Facility of the Maricopa County Jail on …
Article • August 15, 2011 • from PLN August, 2011
Habeas Hints: Expert Testimony in Habeas Cases by Kent A. Russell by Kent Russell This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on habeas corpus under AEDPA, the 1996 habeas …
Article • August 15, 2011 • from PLN August, 2011
Idaho: Prison Doctor’s Treatment Fell Below Standard of Care by David Reutter by David M. Reutter The Idaho State Board of Medicine’s Prelitigation Screening Panel found that a prisoner at the CCA-operated Idaho Correctional Center had “borne his burden of proving by a preponderance of the evidence that Dr. [Stephen] …
Article • August 15, 2011 • from PLN August, 2011
Ninth Circuit Reverses Grant of Injunctive Relief in Ex Post Facto Challenge to Marsy’s Law by Michael Brodheim by Mike Brodheim The Ninth Circuit Court of Appeals has held that a district court abused its discretion in granting preliminary injunctive relief to a group of California life-term prisoners who challenged, …
Article • August 15, 2011 • from PLN August, 2011
California DOC Complies With Population Reduction Order in Plata v. Brown by John Dannenberg by John E. Dannenberg On June 7, 2011, a scant seven days after the U.S. Supreme Court’s historic ruling affirming a three-judge panel’s order to reduce overcrowding in California’s state prisons (Brown v. Plata, No. 09-1233 …
Habeas Unavailable for Federal Prisoners’ Medical Claims by Federal prisoners may not resort to habeas corpus to challenge inadequate medical care, the U.S. Court of Appeals for the Seventh Circuit decided on January 26, 2011. Charles Robinson sought habeas relief under 28 U.S.C. § 2241 after federal prison officials allegedly …
Merger Creates Largest Private Prison Medical Provider in U.S. by David Reutter On March 3, 2011, American Service Group, Inc. (ASG) and Valitás Health Services, Inc. (VHS) announced a planned merger of the two companies that would create the largest contractor for healthcare services in prisons and jails in the …
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