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Article • September 15, 2010 • from PLN September, 2010
Alabama’s Indigent Defense System “Perfect Storm” for Ineffective Assistance by David Reutter by David M. Reutter “Alabama’s right-to-counsel system has the ‘perfect storm’ of characteristics that virtually guarantee ineffective assistance of counsel to the poor,” observed David Carroll, research director for the National Legal Aid & Defender Association. Carroll was …
$130,000 Settlement in Tennessee Jail Prisoner’s Beating, Rape by Local officials in Shelby County, Tennessee paid $130,000 to settle a lawsuit by a man who was beaten and raped while held at the Shelby County Jail. The plaintiff, identified in federal court documents as E.R. to protect his privacy, was …
Article • September 15, 2010 • from PLN September, 2010
New Jersey Prison Guards Fake Electrocution by Brandon Sample Three New Jersey guards accused of faking the electrocution of a prisoner at the Adult Diagnostic and Treatment Center in Avenel have been suspended. Sergeants Mark Percoco and Steven Russo received 105-day suspensions without pay following the October 3, 2009 incident, …
Article • September 15, 2010 • from PLN September, 2010
$2.9 Million Settlement in Suit against GEO over Suspicionless Strip Searches by Matthew Clarke by Matt Clarke On May 20, 2010, a $2.9 million settlement was reached in a Pennsylvania federal civil rights lawsuit against GEO Group for performing suspicionless strip searches of people arrested for minor, non-violent, non-drug offenses. …
Article • September 15, 2010 • from PLN September, 2010
Mississippi Stops Segregating HIV-positive Prisoners by On March 17, 2010, the American Civil Liberties Union announced that the Mississippi Department of Corrections (MDOC) had agreed to stop segregating prisoners with HIV. The policy change followed two decades of efforts by the ACLU, Human Rights Watch (HRW) and other advocacy organizations. …
New York City Jail Prisoner Awarded $1.3 Million in Deliberate Indifference to Assault Claim by A New York federal jury awarded $1 million to Steve Tatum for severe injuries he sustained as a pre-trial detainee when he was assaulted by other prisoners at the Rikers Island jail. The district court …
GEO Group Settles $47.5 Million Texas Prisoner Wrongful Death Suit by On January 7, 2010, GEO Group settled a lawsuit over the beating death of a prisoner in Willacy County, Texas that had already resulted in a jury verdict of $47.5 million – one of the largest prisoner wrongful death …
Article • September 15, 2010 • from PLN September, 2010
Filed under: News, News in Brief
News in Brief: by Arizona: On July 25, 2010, the troubled Corrections Corporation of America-run Saguaro Correctional Center was placed on lockdown after 30 prisoners from Hawaii were involved in a scuffle over an Xbox. During the melee the prison’s “gang intelligence officer” was beaten and suffered a broken nose, …
14 Years of Litigation Fails to Remedy Deficient Jail Medical Care; Herrera Saga Continues in Washington State by by Mark Wilson In 1996, Tacoma, Washington officials settled a class-action federal lawsuit over unconstitutional conditions and insufficient health care at the Pierce County Jail (PCJ). Fourteen years later, however, prisoners continue …
Registered Sex Offender Remained on City Payroll While Incarcerated by Michael Brodheim Dennis J. McLaughlin, a water maintenance worker for Baltimore’s Department of Public Works (DPW), continued to earn his salary from 2007 to 2008 while serving a prison sentence for sexually abusing a 13-year-old girl. McLaughlin, 37, pleaded guilty …
Article • September 15, 2010 • from PLN September, 2010
Oregon Politician Visits Prison, Proposes Porn Ban by Mark Wilson Oregon state representative Greg Smith is up for reelection, and thus looking for a way to win over voters. So why not drop in on an Oregon Department of Corrections (ODOC) facility and engage in some tough-on-crime prisoner-bashing? That’s likely …
$1 Million Award in New York State Prisoner’s Death Caused by Medical Malpractice by A New York Court of Claims has awarded $1,021,915.73 to the estate of a former prisoner who died as the result of a prison nurse and doctor departing from accepted standards of care. Leonard Pickell arrived …
Arizona Attempts Prison System Sell-Off by Brandon Sample The next lot in our auction is the Arizona prison system. Do I hear $100,000,000? What, no bidders? None? You, sir, Corrections Corporation of America, you must be interested. No? Okay. How about you, GEO Group? No, not interested either? Prison privatization …
Article • September 15, 2010 • from PLN September, 2010
The New Jim Crow: Mass Incarceration in the Age of Colorblindness, by Michelle Alexander (N.Y., The New Press, 2010). 290 pages. by Mumia Abu-Jamal Book Review by Mumia Abu-Jamal The New Jim Crow offers an unflinching look at the US addiction to imprisonment and comes up with a startling diagnosis: …
Article • September 15, 2010 • from PLN September, 2010
Another Way for CCA to Influence Congress by Matthew Clarke by Matt Clarke Corrections Corporation of America (CCA), the nation’s largest for-profit prison company, already spends a significant amount of money courting federal agencies and members of Congress. CCA employs three lobbying firms in Washington D.C., spent about $1 million …
California: Last Two of Five Guards Charged in Prisoner’s Death Get Prison Time by In January 2010, two former jail guards were sentenced to prison for participating in a brutal assault that resulted in a prisoner’s death. James Moore, 30, was involved in a lengthy struggle with over a dozen …
Article • September 15, 2010 • from PLN September, 2010
Filed under: Sentencing, Good Time
U.S. Supreme Court Rejects Federal Good Time Challenge by Brandon Sample On June 7, 2010, the U.S. Supreme Court upheld the Bureau of Prisons’ (BOP) method for calculating federal good time credits. The dispute over the BOP’s implementation of the federal good time statute, 18 U.S.C. § 3624(b), began about …
Article • September 15, 2010 • from PLN September, 2010
Filed under: Organizing, Lobbying
Justice Thomas’ Wife Creates “Nonpartisan” Political Organization by David Reutter by David M. Reutter Members of the judiciary have an ethical obligation to remain impartial. When it comes to the U.S. Supreme Court, such impartiality is crucial given the impact that the Court’s rulings have nationwide. For that reason the …
Article • September 15, 2010 • from PLN September, 2010
Filed under: Money/Property, Restitution
U.S. Supreme Court Holds Restitution Deadlines Not Jurisdictional by Under the federal Mandatory Restitution Act (MRA), 18 U.S.C. § 3664(d)(5), “the court shall set a date for the final determination of the victim’s losses, not to exceed 90 days after sentencing.” The U.S. Supreme Court, however, held on June 14, …
Article • September 15, 2010 • from PLN September, 2010
Pay-to-Stay Jails Unsuccessful in Ohio by David Reutter by David M. Reutter Part of the legacy of the punitive criminal justice philosophy of the 1990s is pay-to-stay incarceration, which involves jails charging prisoners booking fees and per-diem fees. [See: PLN, July 2010, p.10]. The rhetoric behind pay-to-stay programs is that …
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