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Abuse and Assaults Continue at Pennsylvania Jail by David Reutter by David M. Reutter An attorney representing a prisoner who suffered a near-fatal attack by another prisoner at Pennsylvania’s Lackawanna County Prison (LCP) has claimed that the incident demonstrates a pattern of mistreatment by staff at the facility. Prisoner Nicholas …
Article • February 15, 2011 • from PLN February, 2011
Fourth Circuit Vacates Summary Judgment on RLUIPA Haircut Claim, but Case Dismissed on Remand by The Fourth Circuit Court of Appeals vacated a district court’s decision granting summary judgment to officers and officials with the South Carolina Department of Corrections (SCDC) after they forcibly shaved a prisoner’s head in contravention …
Feds Indict Two in Florida Prison Canteen Kickback Scheme by A federal grand jury has issued a two-count indictment against two businessmen implicated in a kickback scheme that involved prison canteen profits and former top-ranking officials with the Florida Department of Corrections (FDOC). PLN previously reported events related to this …
Article • February 15, 2011 • from PLN February, 2011
Head of Ohio Juvenile Facility Fired Following Complaints of Sexual Harassment by The Ohio Department of Youth Services (ODYS) said in a May 2010 report that it had found substantial evidence to validate numerous harassment charges against Thomas Teague, an 11-year ODYS employee, which justified his immediate firing. According to …
Virginia Prisoner Kills Cellmate, Requests Death Sentence by Mark Wilson “I murdered that man cold-bloodedly. I planned it, and I’m gonna do it again,” said Virginia state prisoner Robert Gleason, Jr., 40, after murdering his cellmate, Harvey Gray Watson, Jr. “Someone needs to stop it. The only way to stop …
Article • February 15, 2011 • from PLN February, 2011
Filed under: Commentary/Reviews, Reviews
Floodlines: Community and Resistance from Katrina to the Jena Six, by Jordan Flaherty, Haymarket Books, 2010; $16.00, 292 pages by Lewis Wallace Review by Lewis Wallace Parts of the story are familiar. In late August 2005, Hurricane Katrina hit the Gulf Coast. Floodwaters broke the levees in New Orleans and …
Article • February 15, 2011 • from PLN February, 2011
Fifth Circuit Holds Texas Parole Revocation Witness Denial Violated Due Process by The Fifth Circuit court of appeals held that the Texas Board of Pardons and Paroles (BPP) failed to comport with the due process requirements of Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), …
Physicians for Human Rights: CIA Performed Illegal Medical Experiments While Torturing Prisoners by Matthew Clarke by Matt Clarke According to a report released by Physicians for Human Rights (PHR) in June 2010, the Central Intelligence Agency (CIA) performed illegal non-consensual human medical experiments on high-value terrorism detainees in connection with …
Seventh Circuit Holds That A Prisoner’s Verbal Complaints About Racist Guards May Be Protected Speech by Retaliation for verbally complaining about a prison guard who hung a noose where prisoners could see it, the Seventh Circuit has held, may constitute an infringement of a prisoner’s First Amendment free speech rights. …
Article • February 15, 2011 • from PLN February, 2011
The Habeas Citebook: lneffective Assistance of Counsel, by Brandon Sample, Prison Legal News Publishing, 2010, pp.212 $49.95 by Mumia Abu-Jamal Reviewed by Mumia Abu Jamal Law books aren’t easy to review. That’s because they are unlike other books, as they are really collections of what others—courts—have written, and are thus …
Mississippi DOC Closes Unit 32 by A settlement agreement was reached in June 2010 to close the notorious Unit 32 at the Mississippi State Penitentiary in Parchman. The agreement provides for the dismissal of a lawsuit that challenged conditions at the supermax unit. The American Civil Liberties Union (ACLU), in …
Florida Guard’s Conviction for Falsifying Use-of-Force Report Affirmed by David Reutter by David M. Reutter On July 13, 2010, the Eleventh Circuit Court of Appeals upheld the conviction of a former Florida prison guard for making a false entry in a report with the intent to impede a federal investigation. …
Article • February 15, 2011 • from PLN February, 2011
Denial of Qualified Immunity Reversed in Michigan Prison Wage Suit by The U.S. Court of Appeals for the Sixth Circuit reversed a district court’s denial of qualified immunity for Michigan prison officials accused of violating a prisoner’s due process rights. In April of 2001, David Pickelhaupt was given a physical …
Article • February 15, 2011 • from PLN February, 2011
Ninth Circuit Upholds Arizona Teenage Detainee Suicide Claim Dismissal by The Ninth Circuit Court of Appeals affirmed a lower court’s grant of summary judgment to Arizona jail officials related to a teenage detainee’s suicide. The court vacated the dismissal of plaintiff’s state law claims and remanded for reconsideration. Seventeen-year-old Jasper …
Article • February 15, 2011 • from PLN February, 2011
$450,000 Award in New York Prisoner’s Negligence Claim by A New York Court of Claims has awarded $450,000 for injuries incurred as a result of a prison doctor negligently injecting a corticosteroid directly into a prisoner’s Achilles tendon. Prior to his incarceration in 1988, New York state prisoner Kent Kruemer …
Ninth Circuit Holds Private Prison Companies Can Be Sued Under Bivens for Violating Federal Prisoner’s Rights by Derek Gilna On June 7, 2010, the U.S. Court of Appeals for the Ninth Circuit held that Richard Lee Pollard, a prisoner in the custody of the Federal Bureau of Prisons (BOP) at …
Article • February 15, 2011 • from PLN February, 2011
Washington State Sheriff’s Classification of Sex Offender Violates Separation of Powers by The State of Washington Division II Court of Appeals has held that the legislature violated the separation of powers by allowing the sheriff’s office to classify sex offenders to levels of supervision without providing guidance. Before the Court …
Eleventh Circuit Affirms Injunction in Florida DOC Mental Health Conditions Pepper Spray Case by David Reutter by David M. Reutter On August 20, 2010, the Eleventh Circuit Court of Appeals upheld a district court’s order that found a warden and the secretary of the Florida Department of Corrections (FDOC) had …
Article • February 15, 2011 • from PLN February, 2011
9th Circuit: Prisoner Need Not Succumb to Threats in Order to Prevail on First Amendment Retaliation Claim by Michael Brodheim The Ninth Circuit has ruled that a prisoner threatened with retaliation for filing grievances may prevail on a claim of First Amendment retaliation even when the threat is non-specific and …
Article • February 15, 2011 • from PLN February, 2011
Georgia: Flurry of Judicial Resignations Highlights Secrecy Behind Investigations by David Reutter by David M. Reutter At least 21 Georgia judges have been disciplined by the state’s Judicial Qualifications Committee (JQC) or have resigned amid allegations of unethical conduct since April 2008. The high rate of action by the JQC …
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