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Court Refuses to Drug Defendant for Trial by The criminal defendant was found incompetent to stand trial. The government did not show sufficient need to involuntarily medicate him to render him competent to stand trial. The government's report does not address whether such medication is medically appropriate; there is inadequate …
Guard's Sentence Enhanced for Beating Disabled Prisoner by The criminal defendant pled guilty to conspiracy to violate the civil rights of detainees under his supervision, conspiracy to obstruct justice, obstruction of justice, and four counts of deprivation of rights under color of law. He received a sentence of 46 months …
79 Day Indiana Death Row Lockdown Upheld by The plaintiffs alleged that a 79-day lockdown of a death row unit after a death row prisoner was murdered during recreation violated their rights. Although the case was removed from state court, the district court holds it must screen it under 28 …
No Immunity for Prosecutors Who Conspire to Assault Prisoner by The plaintiff alleged that prosecutors conspired to have the plaintiff assaulted by other prisoners. At 604: "These actions, if true, would be quite outside the prosecutorial sphere, and thus the absolute immunity of prosecutors as quasi-judicial officers would not apply." …
Article • May 15, 2007
First Circuit Affirms Massachusetts Guard's Sentence in Prisoner Beating by by Michael Rigby On May 3, 2005, the U.S. First Circuit Court of Appeals affirmed a guard's 41-month federal prison sentence for assaulting a prisoner at the Nashua Street Jail in Boston, Massachusetts, and then conspiring to cover it up. …
Tenth Circuit Upholds Guards' Convictions for Prisoner Beating; Remands for Sentencing by Tenth Circuit Upholds Guards' Convictions for Prisoner Beating; Remands for Sentencing The Tenth Circuit Court of Appeals upheld the criminal convictions of three GEO Corporation (formerly Wackenhut) guards for beating a prisoner. The court remanded for re-sentencing. On …
Article • May 15, 2007
Oklahoma Escape Conviction Reversed for Jail Trusty by The Oklahoma Court of Criminal Appeals has reversed a conviction for a misdemeanant's escape from the Grady County Jail because the language of the escape statute didn't encompass such an escape. On August 20, 2003, Gary Barnard was serving time in the …
Article • May 15, 2007
Fed Prisoner's Standard Range Sentence for Escape Affirmed by In April, 2004, Lonnie Davis, a federal prisoner, was sent to a work release center after serving eleven years of a twelve-and-a-half year sentence for bank robbery. In May he escaped. He was later arrested and charged with escape. Davis was …
Article • May 15, 2007
$100,000 Awarded Hospital Guard Injured In Escape by While seeking medical treatment for a prisoner at the University of Massachusetts Medical Center, an officer from the City of Worcester Police Department became distracted by something outside the window. The prisoner, incorrectly secured by the wrists with leg shackles, slipped free …
Prior Evidence of Brutality Admissible in Police Trial by The defendant police officers were prosecuted for brutalizing a civilian. The court properly admitted a prior incident in which one of the officers, while off duty, had abused another person who had confronted him. The evidence was admissible because it went …
Article • May 15, 2007
No Right to Have Crimes by Guards Investigated or Prosecuted by The plaintiff alleged that Erie County, its Sheriff, and its DA violated his rights by failing to prosecute two correctional officers who threatened him. It "is well settled that no private citizen has a constitutional right to bring a …
Article • May 15, 2007
OH Prisoner's Criminal Retaliation Conviction Reversed by In April of 2000, Justin Farthing, an Ohio state prisoner, sent a letter to another prisoner at the Pickaway Correctional Institution in Pickaway County, Ohio. The letter suggested that they both rape his former parole officer, Susan Johnson, who'd violated Farthings parole on …
Article • May 15, 2007
GA Prisoner's Conviction of Distributing Obscene Material in Movie Theater Reversed by GA Prisoner's Conviction of Distributing Obscene Material in Movie Theater Reversed A movie theater worker identified only as Jenkins, a Georgia state prisoner, was convicted of distributing obscene material after showing the movie Carnal Knowledge. He unsuccessfully appealed …
Article • May 15, 2007 • from PLN May, 2007
Fraudulent Tax Returns Net Illegal Millions for Prisoners by Gary Hunter Arizona prisoners are so adept at defrauding the IRS that U.S. Rep. J.D. Hayworth (AZ) dubbed the dilemma ?Operation H&R (Cell) Block.? The business of bilking Uncle Sam from within Arizona prisons accounted for about half of the state?s …
Article • May 15, 2007 • from PLN May, 2007
Record Number of Texas Prison Guards Arrested by Matthew Clarke by Matthew T. Clarke It has often been said that it?s hard to tell the cops from the crooks. In Texas this may be true for prison guards as well. In April 2006, the Texas Department of Criminal Justice (TDCJ) …
Article • May 15, 2007 • from PLN May, 2007
Guards Sue California DOC for Identity Theft by Prisoner Workers by Thirty-one guards from Pelican Bay State Prison (PBSP), California?s supermax lockup, filed suit on May 23, 2006 in Sacramento Superior Court against the California Department of Corrections and Rehabilitation following the discovery that PBSP prisoners had obtained guards? names, …
Article • May 15, 2007 • from PLN May, 2007
Jail Chaplains Scrutinized for Affairs with Female Prisoners by Two county jail chaplains in different states are being accused by female prisoners of seeking sex from them while in custody. When she was held in Indiana?s Morgan County Jail, Susan L. Robbins, 38, was involved in the jail?s GED program. …
Article • May 15, 2007 • from PLN May, 2007
$128,000 Cost Fee Against Former Angolite Editor Reversed by Louisiana?s Third Circuit Court of Appeals has reversed a trial court?s order imposing a $128,000 court cost fee assessed against award winning former prison journalist Wilbert Rideau. PLN previously reported on Rideau?s release. Rideau is best known for his work as …
Article • May 15, 2007 • from PLN May, 2007
A Devastating Link: Prisoner Rape and the War on Drugs by by Lovisa Stannow and Kathy Hall-Martinez The enormous financial and moral costs of the ?war on drugs? have been well-documented over the past few years. Less known is the devastating link between U.S. drug policy and the epidemic of …
Article • May 15, 2007 • from PLN May, 2007
Prosecutors Check Prospective Jurors’ Background, Hoping to Disqualify Them by Prosecutors Check Prospective Jurors' Background, Hoping to Disqualify Them An Ohio murder case has exposed a new tactic that prosecutors are using to disqualify potential jurors -- the use of a federal criminal records database to run background checks. Timothy …
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