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Article • December 15, 2010 • from PLN December, 2010
Wisconsin Law Prohibiting Hormone Treatment for Prisoners with Gender Identity Disorder Found Unconstitutional by Matthew Clarke by Matt Clarke On May 13, 2010, a Wisconsin federal court issued a 68-page decision holding that a Wisconsin state law prohibiting hormone therapy for prisoners with gender identity disorder (GID) was an unconstitutional …
Article • December 15, 2010 • from PLN December, 2010
Failure of CMS Nurses and Doctor to Properly Treat Broken Leg Overcomes Summary Judgment by The Eighth Circuit Court of Appeals reversed the grant of summary judgment to a doctor and two nurses employed by Correctional Medical Services (CMS). The lawsuit claimed an Eighth Amendment violation related to the treatment …
Article • December 15, 2010 • from PLN December, 2010
Sixth Circuit Reverses Summary Judgment for Dentist Who Failed to Provide Temporary Filling by Genuine issues of material fact precluded granting summary judgment to a prison dentist accused of providing deliberately indifferent dental treatment, the U.S. Court of Appeals for the Sixth Circuit found. Gregory T. McCarthy, while incarcerated at …
Article • December 15, 2010 • from PLN December, 2010
Former Utah Prison Guard Ordered to Pay Over $1.4 Million for Raping Prisoner by Derek Gilna U.S. District Court Judge Clark Waddoups, in a February 2010 decision, ordered former Utah State Prison guard Louis Poleate to pay $435,332.50 in compensatory damages and $1 million in punitive damages to prisoner Priscilla …
Taser Timeout by Kelly Virella In 2005, the sheriff of Kankakee County, Illinois discovered the alchemy necessary to turn the financial burden of operating jails into a financial boon. He rented to other agencies—including Cook County Jail—as many of his 668 beds as possible. Running a jail—particularly, leasing the beds—is …
Article • December 15, 2010 • from PLN December, 2010
Filed under: Money/Property, Bond Fees
Massachusetts Clerk Magistrates and Assistants Pocket Millions in After-Hours Fees by Matthew Clarke by Matt Clarke In 2009, 191 of 210 clerk magistrates and assistants in Massachusetts padded their incomes by pocketing over $2.5 million in after-hours bail fees. Clerk magistrates and assistants are paid salaries ranging from $84,000 to …
Article • December 15, 2010 • from PLN December, 2010
Filed under: Court Access, Paralegals
Texas Sues Former Prisoner Over Unauthorized Practice of Law by Matthew Clarke by Matt Clarke On May 12, 2010, the Unauthorized Practice of Law Committee (UPLC), a nine-member body appointed by the Texas Supreme Court that is responsible for enforcing statutes prohibiting the unauthorized practice of law, filed suit against …
Article • December 15, 2010 • from PLN December, 2010
Oregon Jail Beating Nets $500 Jury Award Plus $27,500 in Attorney Fees by Mark Wilson In December 2009, a federal jury in Portland, Oregon awarded a hearing-impaired jail prisoner $500 for a beating inflicted by guards during the booking process. The defendants also paid attorney’s fees of $27,500. On September …
$4 Million Settlement in R&B Singer’s Death from Drug Withdrawal in Ohio Jail for Failure to Pay Child Support by $4 Million Settlement in R&B Singer’s Death from Drug Withdrawal in Ohio Jail for Failure to Pay Child Support A $4 million settlement has been reached in a lawsuit that …
Article • December 15, 2010 • from PLN December, 2010
Illinois Eliminates Computer, Business Classes for Prisoners by Illinois prison officials are eliminating computer education classes for prisoners, and the rationale for the decision to end the classes varies. The computer program operated at 11 state prisons, with around 900 prisoners participating in the last round of classes. It was …
Class Certification Upheld for Louisiana Toxic Train Derailment Near Prison by On August 21, 2008, a Louisiana appellate court affirmed class certification in a lawsuit involving prisoners and guards who were exposed to toxic chemicals following a train derailment. The train derailed near Eunice, Louisiana on May 27, 2000, and …
Article • December 15, 2010 • from PLN December, 2010
Filed under: Money/Property, Bail Bonds
Over $26 Million Owed for Forfeited Bail Bonds in Harris County, Texas by Matthew Clarke by Matt Clarke If you are arrested in Harris County (Houston), Texas, you can usually pay a bondsman 10% of the bail amount to get out of jail. The bondsman pledges the full amount and …
Article • December 15, 2010 • from PLN December, 2010
Steep Surcharges for Driving Violations Clog Texas Courts, Create Criminals by Michael Rigby by Mike Rigby A program designed to raise money for highway projects and trauma care by assessing steep surcharges for drunk driving and other traffic violations is clogging Texas courts and causing the dismissal rate for DWI …
Article • December 15, 2010 • from PLN December, 2010
New York Prison Officials Ordered to Produce Prisoner’s Grievances in Discovery by On December 4, 2009, a New York Court of Claims ordered prison officials to produce copies of a prisoner’s grievances, but denied the claimant’s motion to produce grievances filed by other prisoners. Before the Court was a motion …
Article • December 15, 2010 • from PLN December, 2010
Three Top Illinois DOC Officials Sacked; Director Resigns by On March 11, 2010, the administration of Illinois Governor Pat Quinn announced the firing of three top Illinois Department of Corrections (DOC) officials who were close to DOC director Michael Randle. “As of today, executive assistant to the director Sergio Molina, …
Article • December 15, 2010 • from PLN December, 2010
California: 15% Work Credit Limitation Based on Stayed Violent Convictions Applies to Non-Violent Controlling Offense by John Dannenberg The California Court of Appeal, Third District, ruled in April 2008 that when a prisoner receives multiple convictions arising from a single act, some of which qualify as “non-violent” while others qualify …
New Jersey Prison Supervisory Officials Found Liable for Prisoner Abuse Claims by Derek Gilna Three prison officials were found liable in abuse claims stemming from a month-long lockdown at Bayside State Prison following the killing of prison guard Frederick Baker in 1997, according to former federal judge John W. Bissell, …
Article • December 15, 2010 • from PLN December, 2010
Filed under: Work, Prison Industries
California: Prison Industry Board Not Exempt from Civil Service Rules by Michael Brodheim In response to the California Prison Industry Board’s request for an opinion, the Attorney General’s office concluded that while the Board may create a personnel system separate from the state’s constitutionally-protected civil service system, sufficient evidence had …
Article • December 15, 2010 • from PLN December, 2010
Ohio: Former Corrections Director Prohibited from Consulting on Jail Issues for 12 Months After Retirement by Responding to a request for an advisory opinion from Terry J. Collins, who retired as Director of the Ohio Department of Rehabilitation and Corrections (ODRC) effective January 31, 2010, the Ohio Ethics Commission concluded …
Article • December 15, 2010 • from PLN December, 2010
California: Gilmore Injunction Over Prison Libraries Terminated After 38 Years by Four months after adopting regulations setting forth a statewide mandate that “[a]ll inmates, regardless of their classification or housing status, shall be entitled to physical law library access that is sufficient to provide meaningful access to the courts” (Cal. …
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