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Article • September 20, 2014 • from PLN September, 2014
$2.85 Million Jury Verdict for Suicide at Missouri Jail by Derek Gilna $2.85 Million Jury Verdict for Suicide at Missouri Jail by Derek Gilna On January 18, 2013, following a five-day trial, a jury in the U.S. District Court for the Eastern District of Missouri returned a verdict of $2.85 …
Article • September 20, 2014 • from PLN September, 2014
New York Judge Unseals Attica Prison Riot Records – Sort of by Joe Watson New York Judge Unseals Attica Prison Riot Records – Sort of by Joe Watson A New York state judge has ordered the release of hundreds of pages of documents related to the investigation of the 1971 …
Article • September 20, 2014 • from PLN September, 2014
Filed under: Prison Labor
Prison Labor Boosts Wal-Mart’s Profits Despite Pledge by Derek Gilna Prison Labor Boosts Wal-Mart’s Profits Despite Pledge by Derek Gilna The supplier pledge for America’s largest retailer states: “Forced or prison labor will not be tolerated by Wal-Mart. Wal-Mart will not accept products from Vendor Partners who utilize in any …
Article • September 20, 2014 • from PLN September, 2014
Filed under: Victims, Restitution
Courts Struggle with Child Pornography Restitution Following Supreme Court Ruling by Courts Struggle with Child Pornography Restitution Following Supreme Court Ruling The Seventh Circuit Court of Appeals is among the latest federal courts to tackle the issue of restitution for victims of child pornography – an issue addressed in a …
Article • September 20, 2014 • from PLN September, 2014
Fifth Circuit: “Mailbox Rule” Applies to Texas State Habeas Petitions by Fifth Circuit: “Mailbox Rule” Applies to Texas State Habeas Petitions The Fifth Circuit Court of Appeals has held that the “mailbox rule” of Houston v. Lack, 487 U.S. 266 (1988) now applies to determining the date when Texas prisoners …
Article • September 20, 2014 • from PLN September, 2014
Texas: Clerk May Not Bill Defendant for Attorney Fees Not Ordered by Court by Matthew Clarke Texas: Clerk May Not Bill Defendant for Attorney Fees Not Ordered by Court by Matt Clarke The Texas Court of Criminal Appeals held last year that a district clerk may not send an indigent …
Article • September 20, 2014 • from PLN September, 2014
Fifth Circuit Holds Prison Guard’s Injury-Causing Reckless Driving States Nonfrivolous Claim by Matthew Clarke Fifth Circuit Holds Prison Guard’s Injury-Causing Reckless Driving States Nonfrivolous Claim by Matt Clarke The Fifth Circuit Court of Appeals held last year that a district court erred when it dismissed a prisoner’s claim that he …
Article • September 20, 2014 • from PLN September, 2014
Filed under: Attorney Fees (PLRA)
Fourth Circuit Finds PLRA Attorney Fee Cap Constitutional by David Reutter Fourth Circuit Finds PLRA Attorney Fee Cap Constitutional by David M. Reutter The Fourth Circuit Court of Appeals held on November 1, 2013 that the attorney fee provision of the Prison Litigation Reform Act (PLRA) is constitutional. The ruling …
Eighth Circuit Holds No SORNA Registration Requirement after Leaving U.S. by Matthew Clarke Eighth Circuit Holds No SORNA Registration Requirement after Leaving U.S. by Matt Clarke The Eighth Circuit Court of Appeals held in August 2013 that the Sex Offender Registration and Notification Act (SORNA) does not require a registered …
Article • September 20, 2014 • from PLN September, 2014
Alabama DOC Short Hair Policy Does Not Violate RLUIPA by David Reutter Alabama DOC Short Hair Policy Does Not Violate RLUIPA by David M. Reutter The Eleventh Circuit held in July 2013 that an Alabama Department of Corrections (ADOC) policy requiring prisoners to maintain short hair does not violate their …
Article • September 20, 2014 • from PLN September, 2014
First Circuit Dismisses Appeal of Court’s Failure to Sanction Federal Prosecutor by Matthew Clarke First Circuit Dismisses Appeal of Court’s Failure to Sanction Federal Prosecutor by Matt Clarke On July 22, 2013, the First Circuit Court of Appeals dismissed an appeal by the Massachusetts Bar Counsel challenging the failure of …
Brief • September 19, 2014
Filed under: Indigent Defense
Rucker v. Spokane County, WA, Order, debtors prison, 2014 Case 2:12-cv-05157-LRS Document 70 Filed 09/19/14 1 2 3 Honorable Lonny R. Suko 4 5 6 7 8 9 Michael A. Patterson, WSBA 7976 Michael T. Kitson, WSBA 41681 PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. 2112 Third Avenue, Suite 500 …
Article • September 18, 2014 • from PLN September, 2014
Eighth Circuit Upholds Injunction Over Cameras in Restrooms at Civil Commitment Center by Matthew Clarke Eighth Circuit Upholds Injunction Over Cameras in Restrooms at Civil Commitment Center by Matt Clarke In April 2013 the Eighth Circuit Court of Appeals upheld a preliminary injunction granted by a federal district court in …
Article • September 18, 2014 • from PLN September, 2014
Former New Mexico State Senator Released from Prison by Former New Mexico State Senator Released from Prison Manny Aragon, 66, a former New Mexico state Senate leader, was released from federal prison on December 5, 2013. Although most federal prisoners are sent to a halfway house to complete the remainder …
Article • September 18, 2014 • from PLN September, 2014
Filed under: Out of State Transfers
Transferred Prisoner May Sue Oklahoma Officials in Oregon Court by Mark Wilson Transferred Prisoner May Sue Oklahoma Officials in Oregon Court by Mark Wilson In an October 9, 2013 ruling, the Oregon Court of Appeals held that Oregon courts have personal jurisdiction over Oklahoma prison officials with respect to claims …
Article • September 18, 2014 • from PLN September, 2014
Eleventh Circuit Tailors Turner for Censorship Claims at Civil Commitment Center by David Reutter Eleventh Circuit Tailors Turner for Censorship Claims at Civil Commitment Center by David M. Reutter On September 23, 2013, the Eleventh Circuit Court of Appeals vacated a summary judgment order that upheld a civil commitment center’s …
Article • September 18, 2014 • from PLN September, 2014
Seventh Circuit Upholds Dismissal of Suit Over Placement on Suicide Watch by Matthew Clarke Seventh Circuit Upholds Dismissal of Suit Over Placement on Suicide Watch by Matt Clarke The Seventh Circuit Court of Appeals has affirmed the dismissal of a prisoner’s lawsuit over his placement on suicide watch and in …
Article • September 18, 2014 • from PLN September, 2014
Alabama Work Release Transportation, Medical and Drug Screen Costs Not “Incidental to Confinement” by David Reutter Alabama Work Release Transportation, Medical and Drug Screen Costs Not “Incidental to Confinement” by David M. Reutter Alabama’s Supreme Court has held that the plain language of § 14-8-6, Ala. Code 1975 does not …
Article • September 18, 2014 • from PLN September, 2014
Fifth Circuit: Prisoner Who was Raped May Proceed with Lawsuit against Lock Company by Matthew Clarke Fifth Circuit: Prisoner Who was Raped May Proceed with Lawsuit against Lock Company by Matt Clarke In a July 9, 2013 opinion, the Fifth Circuit Court of Appeals held that the statute of limitations …
Article • September 18, 2014 • from PLN September, 2014
Massachusetts: Acquittal on Additional Sex Offense Doesn’t Trigger Reevaluation of Sex Offender Classification by Matthew Clarke Massachusetts: Acquittal on Additional Sex Offense Doesn’t Trigger Reevaluation of Sex Offender Classification by Matt Clarke On September 11, 2013, the Massachusetts Supreme Court held that a prisoner who had been convicted of a …
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