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Report Faults Private Prison Company for Deadly Arizona Prison Break by Matthew Clarke by Matt Clarke On August 19, 2010, the Arizona Department of Corrections (ADC) issued a report concerning the July 30 escape of three prisoners from a privately-operated prison in Kingman, Arizona. The report was highly critical of …
Article • March 15, 2011 • from PLN March, 2011
Have a Cell Phone in Your Rectum? Body Cavity Searches OK’d in First Circuit, but Surgical Searches Are Not by Brandon Sample It is okay to look for contraband in a prisoner’s rectum so long as the search is done by medical staff in a non-abusive manner, according to the …
Article • March 15, 2011 • from PLN March, 2011
Probation May Not Be Conditioned On Overly Broad Court Access Restrictions by A California Court of Appeal has concluded that a probation condition prohibiting a defendant from being within 500 feet of any courthouse is unconstitutionally overbroad. Alejandro Perez pleaded guilty to second degree robbery after forcibly taking a $29 …
Article • March 15, 2011 • from PLN March, 2011
Social Security Audit Criticizes Prisoners’ Access to Personal Data; Federal Legislation Passed by Matthew Clarke by Matt Clarke On March 12, 2010, the Office of the Inspector General (OIG) of the Social Security Administration (SSA) released an audit report on prisoners’ access to Social Security numbers (SSNs). The report criticized …
Article • March 15, 2011 • from PLN March, 2011
Georgia Eases Sex Offender Restrictions in Face of Federal Court Challenge by Laws that restrict where sex offenders can live have been popular in legislatures throughout the U.S. With much fanfare and hoopla, Georgia passed one of the nation’s toughest sex offender residency statutes on July 1, 2006. That law …
Kentucky Jail Guards’ Convictions Affirmed in Sexual Abuse of Young Prisoner by David Reutter by David M. Reutter The Sixth Circuit Court of Appeals has affirmed the convictions and prison sentences of two guards who were found guilty of violating a prisoner’s civil rights. The guards’ actions resulted in the …
Prison Health Services Doctors Caught in Scandals by In a two-week period in July 2010, two doctors employed by Prison Health Services (PHS) were involved in scandals that led one to resign while the other was arrested. PHS regional medical director Dr. Trevor P. Parks was accused of not being …
Article • March 15, 2011 • from PLN March, 2011
Prisoner Labor Used to Clean Up BP Oil Spill by Matthew Clarke by Matt Clarke On April 20, 2010, an explosion on Deepwater Horizon, an offshore drilling platform in the Gulf of Mexico, killed 11 workers. The accident resulted in an oil spill that leaked oil into the gulf for …
Article • March 15, 2011 • from PLN March, 2011
Former Orange County Jail Detainee Paid $750,000 to Settle Guard Tasering Suit by In March 2010, Orange County, California paid $750,000 to settle a civil rights suit filed by Matthew Fleuret, a former jail prisoner who alleged he was subjected to excessive force following his arrest in March 2006 on …
Band-aid Applied to Florida’s Homeless Sex Offender Colony Falls Off by David Reutter by David M. Reutter When Florida’s Miami-Dade County adopted an ordinance that extended the 1,000-foot state law residency restrictions for sex offenders to 2,500 feet, the estimated 100 sex offenders who return to Miami-Dade each year after …
Article • March 15, 2011 • from PLN March, 2011
From the Editor by Paul Wright On an ongoing basis PLN conducts sample mailings to the mailing lists of other organizations and publications as part of our efforts to reach new potential subscribers who may not be aware of us and to encourage them to subscribe. Occasionally this causes some …
Article • March 15, 2011 • from PLN March, 2011
Nevada Agrees to Settle Class Action Lawsuit Over Medical Treatment at Ely State Prison by In July 2010, Nevada officials agreed to settle a federal class action lawsuit filed by the ACLU pursuant to 42 U.S.C. § 1983 that alleged constitutionally inadequate medical care at Ely State Prison. The ACLU …
Article • March 15, 2011 • from PLN March, 2011
Safety Concerns of a Prisoner Rights Lawyer by by Jane Kahn As part of the small talk that happens during holiday gatherings and at other events during the year, people ask me what I do. My work involves representing California prisoners with severe mental illness. I am frequently asked whether …
Article • March 15, 2011 • from PLN March, 2011
Filed under: News, State Legislation
Second Circuit: New York’s Persistent Felony Offender Statute Held Constitutional in En Banc Ruling by Matthew Clarke by Matt Clarke The Second Circuit Court of Appeals found that New York’s Persistent Felony Offender Statute (PFOS), N.Y. Penal Law § 70.10 , which allows enhancement of sentences for prior felony convictions, …
U.S. Supreme Court Upholds $625,000 Judgment for Female Prisoner Molested by Ohio Prison Guard by John Dannenberg by John E. Dannenberg On January 24, 2011, the U.S. Supreme Court (USSC), ruling on a relatively minor procedural issue regarding the timing of a defense motion for summary judgment, upheld a $625,000 …
Federal BOP’s Exclusions from Early Release Incentive for Substance Abuse Program Completion Struck Down by by Stephen G. Yagman The U.S. Ninth Circuit Court of Appeals has invalidated the federal Bureau of Prisons’ (BOP) policy statement, 28 C.F.R. § 550.58(a)(1)(iv)(2000), see 65 Fed.Reg. 80745-01 (Dec. 22, 2000), that denies prisoners …
Article • March 15, 2011 • from PLN March, 2011
Sixth Circuit Holds Pre-1992 Michigan Lifers Not Entitled to Ex Post Facto Relief by In what may prove to be a major blow to parole-eligible life-sentenced prisoners in Michigan, the Sixth Circuit has rejected an as-applied ex post facto challenge to the retroactive application of changes in Michigan’s parole laws. …
Article • March 15, 2011 • from PLN March, 2011
California Prison System Lays Off Teachers, Vocational Instructors by Michael Brodheim Due to a $60 billion budget deficit in fiscal year 2009-2010, California prison officials decided to slash funding for rehabilitative programs for prisoners. And while state employees affected by the resulting layoffs cried foul (and fraud), prison officials claimed …
Article • March 15, 2011 • from PLN March, 2011
Virginia Federal Court Invalidates DOC Ban on Sexually Explicit Books by David Reutter by David M. Reutter A U.S. District Court has held that a Virginia Department of Corrections (VDOC) policy which prohibits “works of literature which include an explicit description of a sexual act or intercourse” is unconstitutional, both …
Article • March 15, 2011 • from PLN March, 2011
Filed under: Medical, Forcible Treatment
Terminally Ill Maryland Prisoner May Refuse Treatment; State’s Highest Court Denies Forced Treatment by Mark Wilson The Maryland Court of Appeals held that prison officials cannot force a terminally ill prisoner to undergo kidney dialysis treatment. In 1995, Troy Reid was sentenced to 40 years in the custody of the …
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