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Green-Vaughn v. CCA, TN, Complaint, transfer injury car accident, 2012 CCA-AF (6/2/14 PRA) 0317 CCA-AF (6/2/14 PRA) 0318
Arizona Jails Refuse to Incarcerate Some Offenders by In 2007, Glendale, Arizona resident Robert Ortis, 41, had an appetizer and a few drinks at a business lunch. Driving from the lunch to his nephew’s house, he began to feel weak and turned red. He recognized a high blood pressure event …
Article • May 15, 2012
Filed under: Classification, Transfers
9th Circuit Confirms Only BOP Can Designate Prison Assignments by The United States Court of Appeals for the 9th Circuit has dismissed the appeal of prisoner Oscar Ceballos, AKA Chuco, which complained of the Federal Bureau of Prison's (BOP) failure to designate him to the prison facility recommended by the …
Article • May 15, 2012
Colorado Court Rejects Prisoner Claim of BOP Mistreatment by A Colorado prisoner's Fifth and Eighth Amendment claims against the Bureau of Prisons (BOP), have been dismissed by Judge Philip A. Brimmer of U.S. District Court for the District of Colorado. Prisoner Thomas Silverstein was sentenced in 1978 and started serving …
Louisiana Trustee Impregnates 11-Year Old; Trustee Program Cancelled by Louisiana's Morehouse Parish Sheriff's Office has ended its jail trustee work program in the wake of a detainee impregnating his 11-year old step-daughter while on trustee status. Rodney Morrison, 37, was arrested on August 14, 2006, for raping his 11-year old …
Article • May 15, 2012
Minnesota District Court Directs BOP to Reconsider Prisoner’s Denial of Halfway House Placement by Derek Gilna By Derek Gilna In a pre-"Second Chance Act" case, Judge Davis of the U.S. District Court, District of Minnesota, has granted prisoner Steven Allen Knish's § 2241 Petition, his motion to alter or amend …
Tennessee CCA Warden Fails to Prove Non-Exhaustion in Prisoner’s Excessive Force and Retaliation Suit by A Tennessee federal court denied prison officials summary judgment for non-exhaustion under the Prison Litigation Reform Act, finding that they failed to satisfy their burden of proving non-exhaustion. James Ingram was a prisoner at the …
Victoria v. NYPD DETF et al, NY, 2nd Am Complaint, false arrest overdetention, 2012 Case 1:11-cv-00937-LAK Document 13 Filed 04/13/12 Page 1 of 13 Case 1:11-cv-00937-LAK Document 13 Filed 04/13/12 Page 2 of 13 Case 1:11-cv-00937-LAK Document 13 Filed 04/13/12 Page 3 of 13 Case 1:11-cv-00937-LAK Document 13 Filed 04/13/12 …
Article • March 15, 2012 • from PLN March, 2012
Medical Parole Law Costs California Taxpayers Millions of Dollars by Responding to concerns that prisoners who are granted compassionate release due to terminal medical conditions may “cheat” the system by outliving a doctor’s prognosis, the California legislature enacted a medical parole law in 2010 that allows prisoners to be re-incarcerated …
Article • March 15, 2012 • from PLN March, 2012
Death Sentence Reversed Due to “Accidental” Perjury by Texas Prison Investigator by Matthew Clarke by Matt Clarke The Texas Court of Criminal Appeals reversed a death sentence imposed on a state prisoner convicted of capital murder, because a prison investigator had falsely described the prisoner classification system in the Texas …
Article • February 15, 2012
Sixth Circuit: “Security Threat Group” Designation Does Not Warrant Due Process Protections by In 2005, the Sixth Circuit Court of Appeals affirmed a district court's rulings against Michigan prisoner Keith Harbin-Bey, who in 2003 had filed a pro se civil rights lawsuit pursuant to 42 U.S.C. § 1983 alleging that, …
Article • February 15, 2012 • from PLN February, 2012
Doctors Propose Changes to Fix Flaws in Compassionate Release Programs by Michael Brodheim by Mike Brodheim In “Balancing Punishment and Compassion for Seriously Ill Prisoners,” published in the July 19, 2011 issue of Annals of Internal Medicine, Doctors Brie A. Williams, Rebecca L. Sudore, Robert Greifinger and R. Sean Morrison …
Article • February 15, 2012 • from PLN February, 2012
Oregon Discontinues Failed Prisoner Deportation Program by Oregon’s expedited deportation program, touted as saving $2.1 million by transferring about 200 illegal immigrant prisoners to federal custody for early deportation, came up $1.9 million short, causing state officials to kill the program. According to the Oregon Department of Corrections (ODOC), 1,289 …
Eleventh Circuit Reverses Dismissal of BOP Failure to Protect Suit by The U.S. Court of Appeals for the Eleventh Circuit reversed the dismissal of a failure to protect suit filed by a federal prisoner who claimed that he was attacked by a guard for participating in a prison investigation. “John …
California: Prisoners May Be Transferred Out of State To Alleviate Severe Prison Overcrowding by In 2008, the California Court of Appeal upheld the Governor's authority, under the California Emergency Services Act (Government Code, § 8550 et seq.), to proclaim a state of emergency because of severe overcrowding in the state's …
Article • November 15, 2011
Puerto Rico: Convicted Murderer Not Eligible to Participate in Community-Based Diversion Programs by By Derek Gilna The First Circuit Court of Appeals has upheld the decision of the United States District Court for the District of Puerto Rico dismissing the due process and equal protection claims of a Puerto Rican …
Article • November 15, 2011
Massachusetts Highest Court Upholds Damages Awards to State Prisoners Unlawfully Transferred to Federal Prisons by In 1989, the Supreme Judicial Council of Massachusetts affirmed the award of damages to eight state prisoners who were unlawfully transferred to federal out-of-state institutions without the procedural protections afforded to them under departmental regulations. …
Article • November 15, 2011
Washington DOC Has Sole Authority over Prisoner Placement by The State of Washington Court of Appeals held that the Department of Corrections (DOC) has the sole authority to determine the prison in which a prisoner will be placed. The court’s ruling came in DOC’s appeal of restrictions on prisoner Marcus …
D.C. District Court Partially Dismisses Lawsuit by BOP CMU Prisoners by A lawsuit filed on behalf of prisoners held in Communication Management Units (CMUs) at federal prisons in Terre Haute, Indiana and Marion, Illinois, which alleged violations of their Constitutional rights due to placement in the CMUs, as well as …
California Inspector General Expresses Concerns About Out-of-State Private Prisons by In December 2010, California Inspector General David Shaw sent a letter to the California Department of Corrections and Rehabilitation (CDCR), informing CDCR officials about concerns related to housing California prisoners in out-of-state privately-operated facilities. The concerns arose when the Office …
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