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Article • May 15, 2011 • from PLN May, 2011
Colorado Officials Lead Efforts to Modernize Afghan Prisons by Derek Gilna Bill Zalman is the leader of a team of prison officials from Colorado that has been tapped to help train the wardens of Afghanistan’s prisons in modern correctional practices. The head of the Bureau of International Narcotics and Law …
Sweeping Settlement Covers Medical and Mental Health Care at Wisconsin Women’s Prison by On August 23, 2010, the American Civil Liberties Union (ACLU) and ACLU of Wisconsin filed a settlement agreement in U.S. District Court that will improve medical and mental health care and conditions of confinement for disabled prisoners …
Article • May 15, 2011 • from PLN May, 2011
$75,000 Settlement in Pennsylvania Jail Beating by A $75,000 settlement has been reached in a lawsuit brought by a former prisoner who was beaten by guards at Pennsylvania’s Westmoreland County Prison (WCP). In June 2009, James P. Edwards, 28, was arrested on a parole violation. He was on parole following …
Article • May 15, 2011 • from PLN May, 2011
Conviction Affirmed for Former Prisoner Who Posed as Lawyer by by Brandon Sample Howard O. Kieffer “is not an attorney, never obtained a college degree and has never attended law school or passed a bar exam,” wrote the Chief Judge of the Eighth Circuit Court of Appeals, in affirming Kieffer’s …
Article • May 15, 2011 • from PLN May, 2011
Connecticut Sues Prison Builders for $18 Million by Gary Hunter On February 27, 2008, Richard Blumenthal, Attorney General for the State of Connecticut, announced that his office had sued 13 contractors and their insurers seeking more than $18 million in connection with the construction of 22 buildings at the York …
State Auditor Finds Vermont Sex Offender Registry Unreliable by Matthew Clarke by Matt Clarke On June 25, 2010, the Vermont State Auditor released a report entitled Sex Offender Registry: Accuracy Could be Significantly Improved. As the title implies, the auditors found critical or significant errors in 79% of the community-based …
Fifth Circuit: Sex Offender Conditions May be Imposed for Prior Sex Offense by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that a person on parole for a crime that was not a sex offense, but who had completed a sentence for a prior sex offense …
Eleventh Circuit Finds Disabled Prisoner in Imminent Danger for Filing Fee Purposes by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has vacated a Georgia federal district court’s injunction that prohibited a prisoner from submitting future filings, and reversed the lower court’s dismissal of the prisoner’s …
Class Certification Denied in Colorado Jail Mental Health Challenge by Mark Wilson The Tenth Circuit Court of Appeals has affirmed the denial of class-action certification in a lawsuit concerning mental health care at a Colorado jail. Several prisoners at the El Paso County Jail filed suit in federal court in …
Contempt Order Upheld Against Kentucky DOC Commissioner by by Mark Wilson On August 15, 2008, the Kentucky Court of Appeals unanimously affirmed a lower court order holding former Dept. of Corrections Commissioner John Rees in contempt of court. Fifteen-year-old Daniel Ottman pleaded guilty to first-degree assault following a 2004 shooting …
Article • May 15, 2011
Ninth Circuit: “Some Evidence” of Offense Viciousness Justifies Denial of Lifer’s Parole by Marvin Mentor The Ninth Circuit U.S. Court of Appeals held that the denial of a second degree murderer’s parole by the California parole board (BPT), based upon factors relating solely to the commitment offense, was justified when …
Article • May 15, 2011
Tenth Circuit Follows Jones v. Bock, Reverses Full-Exhaustion Predicate in § 1983 Cases by John Dannenberg Tenth Circuit Follows Jones v. Bock, Reverses Full-Exhaustion Predicate in § 1983 Cases by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals realigned its jurisprudence to comport with the U.S. Supreme Court …
Article • May 15, 2011
Interference With Access to Legal Materials by Federal Prison Officials May Warrant Equitable Tolling by The U.S. Court of Appeals for the Tenth Circuit held that interference with a prisoner’s access to legal materials by the Bureau of Prisons (BOP) may warrant equitable tolling of the one-year deadline for seeking …
Article • May 15, 2011
Sanctions Against Prisoner for Alleged “Frivolous” Habeas Petition Improper, Tenth Circuit Decides by Sanctions imposed by an Oklahoma trial court on a state prisoner who filed a “frivolous” habeas petition were improper, the U.S. Court of Appeals for the Tenth Circuit held in an unpublished opinion. Alvin Parker is a …
WA DOC Employee’s Federal Maritime Claims Not Precluded by State Law by The Court of Appeals for the State of Washington, Division II, has reversed and remanded a Department of Corrections (DOC) employee’s federal maritime claim against the DOC. One day while Scott Maziar was riding the ferry home from …
Article • May 15, 2011
Fifth Circuit Affirms Judgment for Deputies in Excessive Force Suit by On October 28, 2009, the U.S. Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment for sheriff’s deputies accused of excessive force in the death of a prisoner. Debbie Loggins died while being transported to …
Article • May 15, 2011
$943,000 Settlement for Family of Man Who Died in Courtroom by The family of a man who died in 2001 from an asthma attack has settled a 42 U.S.C. §1983 suit for $943,000. Robert L. Waters, Jr. collapsed in the well of D.C. Superior Court Judge Tim Murphy’s courtroom on …
$27.4 Million Award in Liberty Interest and Deceit Claim Causing Incarceration by A South Dakota jury awarded an insurance salesman who was convicted of mail fraud $27.4 million in a lawsuit that alleged deceit and breach of fiduciary duty, causing his incarceration. Eugene Kent began selling health insurance in 1990 …
Article • May 15, 2011
Arrested Anti-Arpaio Agenda Protestors Settle for $500,000 by On July 8, 2010, a group of seven activists who were arrested or cited by the Maricopa County Sheriff's Office (MCSO) settled their individual suits for wrongful arrest and malicious prosecution for a total of $500,000. The arrests and citations occurred during …
Article • May 15, 2011
Dismissal for Failure to Exhaust Reversed by On October 21, 2009, the Court of Appeals of Tennessee vacated a trial court’s dismissal of a prisoner’s suit for failure to exhaust administrative remedies. Gregory Potter sought 42 U.S.C. §1983 relief for an access to courts violation. Potter did not name the …
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