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From the Editor by Paul Wright This issue marks PLN?s 17th anniversary and our 205th issue since we first started publishing in May, 1990. This makes PLN the longest published, by far, independent prisoner publication in US history. About 95% of PLN?s articles remain written by current or former prisoners …
Prison Guard Convicted of Filing False Disciplinary Reports by A federal district court denied a motion by Brazoria county jail guard Wilton Wallace to dismiss federal criminal charges against him stemming from the filing of false disciplinary reports against prisoners at the jail. Wallace unsuccessfully argued that prisoners have no …
Article • May 15, 2007
Confidential Informant Statements Reviewed by Court In Camera by The court of appeals for the Seventh Circuit affirmed the denial of a habeas corpus petition by a federal prisoner at the USP in Marion, Illinois who was infracted for killing another prisoner. The petitioner was a member of the Aryan …
Article • May 15, 2007
Restitution Allowed in Prison Killing by BOP Prisoner in Illinois convicted of killing another prisoner challenged court ordered restitution for the victim's funeral, etc., pursuant to 18 U.S.C. § 3579(b)(B). The court rejected his argument that restitution was inappropriate because the murder saved the government the cost of housing and …
Article • May 15, 2007
U.S. Liable to Victim for Failing to Treat Psychotic Prisoner by The court of appeals for the Fifth circuit held that the United States was liable for the behavior of an untreated, psychotic prisoner who raped and killed three women in Alabama after being released from BOP custody. U.S. was …
State Not Liable for Death of Guards by The court of appeals for the Seventh circuit held that the state of Illinois was not liable for the death of three guards and the injury of three guards during a prison riot. The court held the guards had no constitutional right …
Officers' Convictions Upheld, One Case Reversed for Sixth Amendment Violation by The U.S. Fourth Circuit Court of Appeals upheld all but one conviction of former law enforcement officers for violating an arrestee's federal civil rights, obstruction of justice, and witness tampering. The court reversed one conviction for violation of the …
$3500 Punitive Damage Award Upheld for Dropping Shackled Prisoner by The U.S. Court of Appeals for the Eleventh Circuit held that record evidence supported a jury verdict that two Florida state prison guards violated a prisoner's Eighth and Fourteenth Amendment rights by using excessive force, that the guards were not …
Article • May 15, 2007
DNA Collection From Prisoner Constitutional by The Fifth Circuit Court of Appeals held that the collection of DNA Samples from felons pursuant to a state statute does not violate the Fourth Amendment. This action, filed by a Texas prisoner, sought damages and injunctive relief, including deletion of his DNA sample …
Article • May 15, 2007
California Prisoner Committed to State Hospital Beats Battery Charge Because He Was Not "Confined in by California Prisoner Committed to State Hospital Beats Battery Charge Because He Was Not "Confined in State Prison" The California Court of Appeal reversed a battery-on-staff conviction that a mentally ill prisoner had suffered while …
Article • May 15, 2007
Duress Defense Unavailable to Prisoner Volunteering Assistance to Help Another Escape by The en banc Tenth Circuit Court of Appeals held that a prisoner convicted as a principle to possession of escape paraphernalia waived a defense of duress, and that failure to give instructions on that defense was not plain …
Article • May 15, 2007
Fugitive Disentitlement Rule by The Eighth Circuit Court of Appeals held that the fugitive from justice rule does not mandate the automatic dismissal of a civil case under the fugitive rule. In May 1987, James Perko, while confined at a Missouri State Penitentiary, brought suit under § 1983 for deliberate …
Guard Properly Convicted, Sentenced for Extorting Prisoners by The U.S. Fourth Circuit Court of Appeals upheld the sentence of a prison guard convicted of extorting prisoners. William D. Coger, a prison guard in West Virginia, was convicted of extorting money and favors from prisoners in the amount of $90,104. He …
Article • May 15, 2007
Seizure of MO Escapee's Prison Account Upheld by The Missouri Court of Appeals upheld the confiscation of a state prisoner's trust fund account after he escaped from work release and remained at large for a month. The defendant prison officials claimed he abandoned the funds when he escaped. The trial …
Article • May 15, 2007
$2,250,000 Paid in Negligent Supervision of Washington Parolee by On January 11, 1998, Warrick Washington, a dangerous and mentally- ill Washington parolee, shot and killed two teenage boys playing videogames at a friend's house. Prior to the shooting Washington had knowingly violated terms of his parole no less than four …
Article • May 15, 2007
Dirty Cop's Racketeering Sentence Upheld by The U.S. Fourth Circuit Court of Appeals upheld the sentence imposed by the U.S. District Court for the Western District of Virginia on a police officer convicted of racketeering. The police officer had challenged the factual findings by the court to impose the sentence. …
BOP Guards Conviction for Beating Prisoner Affirmed by The Tenth Circuit Court of Appeals has affirmed the conviction and sentence against a guard at the United States Penitentiary in Florence, Colorado. Escort teams were moving prisoners from their cells to a conference room in order to conduct individual interviews about …
Article • May 15, 2007
Affirmative Action, Special Relationship Required For Government Liability by The United States District Court for the Southern District of Ohio held that barring a "special relationship" with the victim and any affirmative action taken by the county, defendant county was not liable for the death of a man shot by …
Article • May 15, 2007
Required DNA Submission Under Patriot Act Constitutional by The U.S. District Court for the District of Kansas held that the relevant portions of the Patriot Act, which require persons convicted of various felonies to submit a DNA sample for inclusion in the FBI's Combined DNA Index System (CODIS) database, were …
Washington Parole Officers Liable For Negligent Supervision by The Supreme Court of Washington held that the Washington state parole board was entitled to absolute immunity in claims alleging the negligent release of state prisoners, but individual parole officers were entitled only to qualified immunity in claims alleging negligent supervision. Plaintiffs …
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