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The Shame of Prison Health by Sasha Abramsky A report is sitting at the Justice Department, unpublished. It has been there for three years. Titled The Health Status of Soon-to-be-Released Inmates, it was compiled by experts who sat on three panels: one on communicable diseases, one on chronic diseases and …
Drug Addiction Disability Cannot Be Used to Deny Parole by by John E. Dannenberg The Ninth Circuit US Court of Appeals held that California life prisoners could not be denied parole because of a drug addition disability that fell within the reach of the Americans with Disabilities Act (ADA). Charles …
Article • March 15, 2003 • from PLN March, 2003
Habeas Corpus Sole Remedy for BOP Sentence Reduction by Michael Bourke was convicted in federal court of possessing a machine gun and a controlled substance. He completed a drug treatment program in prison and then sought a one year reduction in sentence pursuant to 18 U.S.C. § 3621(e)(2)(B). The Bureau …
Forced AA/NA for Parolee Defeats Qualified Immunity by A Wisconsin federal district court has held that officials are not entitled to qualified immunity when they require atheist parolees to participate in religious based substance abuse programs. John Bausch, a former prisoner and parolee, filed an action under 42 U.S.C. § …
Compelled Attendance at AA/NA Violates Establishment Clause by Compelled Attendance At AA/NA Violates Establishment Clause The Washington Court of Appeals has held that it violates the Establishment Clause of the First Amendment for the DOC to force a prisoner to attend AA/NA meetings as a part of its chemical dependency …
New Retaliation Standard Defined by In a case of first impression, the Court of Appeals for the Third Circuit has defined a prisoner's burden of proof in a retaliation claim. Prisoner Henry Rauser sued Pennsylvania Department of Corrections (PDOC) officials after they retaliated against him for exercising his right to …
Summary Judgment Granted for Forced Religious Substance Abuse Program by A New York federal district court has awarded summary judgment to a prisoner who held agnostic beliefs and was forced to participate in a prison religious-based substance abuse program. New York prisoner Troy Alexander sued officials at Cayuga Correctional Facility …
Private Prison Woes in Ohio by Gary Hunter Less than two years after it opened, the second privately operated prison in the state of Ohio is already in trouble. CiviGenics, a private prison company out of Massachusetts, has succumbed to pressure applied by the state employees union. On January 10, …
Article • May 15, 2001 • from PLN May, 2001
US Supreme Court Allows BOP Limit on Early Release Statute by Roger Smith The U.S. Supreme Court has upheld 28 C.F.R. § 550.58(a)(1) (vi)(B) (Regulation), a federal Bureau Of Prisons (BOP) regulation modifying 18 U.S.C. § 3621(e)(2)(B) (Statute). The Statute provides that federal prisoners with nonviolent convictions may receive up …
Article • May 15, 2000 • from PLN May, 2000
BOP Prisoners Eligible for Drug Treatment Without Documented History of Abuse by A U.S. District Court in Oregon found a federal prisoner was eligible for participation in a drug treatment program and a one-year sentence reduction upon successful completion of that program. Martin Kuna, a prisoner at the Federal Correctional …
ADA Applies to Parole Claims by The court of appeals for the Ninth circuit held that the Americans with Disabilities Act (ADA) applies to claims that prisoners are denied parole primarily due to past histories of substance abuse. The court held that habeas corpus is not the sole remedy for …
Article • October 15, 1999 • from PLN October, 1999
BOP Sentence Reduction Exclusion Based on INS Detainer Upheld by Ronald Young By Ronald Young The court of appeals for the Ninth circuit held that the Bureau of Prisons' (BOP) regulation conditioning a sentence on completion of a community-based treatment program was a reasonable and permissible construction of the statute …
Article • August 15, 1999 • from PLN August, 1999
BOP Erred in Denying Early Release Eligibility by Afederal disctrict court in Oregon granted habeas corpus relief to two federal prisoners who challenged the Bureau of Prisons' (BOP) denial of early release eligibility. In 1994 Congress enacted the Violent Crime Control and Law Enforcement Act which amended 18 U. S. …
AA Probation Requirement Continues to Violate Establishment Clause by In a long running case, the court of appeals for the Second circuit held that requiring an atheist to attend Alcoholics Anonymous (AA) meetings as a probation condition, violates the establishment clause of the First amendment to the U.S. constitution. Robert …
Article • June 15, 1999 • from PLN June, 1999
Felon Possession of Firearm Nonviolent Offense by The court of appeals for the Sixth Circuit held that possesion of a firearm by a previously convicted felon is a "nonviolent offense," and federal prisoners who are otherwise eligible for one-year sentence reductions under the "Comprehensive Drug Abuse Treatment Program" (Program) are …
Article • March 15, 1999 • from PLN March, 1999
Florida Nicotine Addiction Suit Settled by The cover story in the January, 1998, issue of PLN , "Smoking, Lies and Hypocrisy," by Paul Wright, mentioned the case of Thomas Waugh. Waugh, a Florida prisoner, had sued Florida prison officials for failing to provide him with any type of treatment to …
Article • January 15, 1999 • from PLN January, 1999
BOP Exceeds Statutory Authority in Denying Sentence Reductions by Afederal district court in the District of Columbia held that the Bureau of Prisons (BOP) had exceeded its statutory authority by defining "violent" offenses to preclude a sentence reduction for convictions the courts have consistently defined as "non-violent." In 1994 congress …
BOP Sentence Reduction Granted to Non-Violent Offender by Afederal district court in Oregon granted a federal prisoner's petition for habeas corpus because the Bureau of Prisons (BOP) had wrongly denied him a one year sentence reduction. Kenneth Johnson is a federal prisoner who was convicted of possessing stolen explosives. He …
PLRA Physical Injury Requirement Does Not Apply to Ex-Cons by The court of appeals for the Seventh circuit held that the PLRA's physical injury requirement does not apply to suits filed after a prisoner is released from prison. The court also held that secular substance abuse programs do not violate …
U.S. Supreme Court Rules That ADA Applies to Prisoners by Paul Wright By Paul Wright On June 15, 1998, a unanimous United States supreme court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, applies to prisoners. In doing so the court resolved a split between the …
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