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Article • April 15, 2014 • from PLN April, 2014
Texas Court Holds CCA is a Governmental Body for Purposes of Public Records Law by On March 19, 2014, a state district court in Travis County, Texas held that Corrections Corporation of America (CCA), the nation’s largest for-profit prison company, is considered a “governmental body” for purposes of the state’s …
Article • April 15, 2014 • from PLN April, 2014
Ohio: Attorney General May Not Increase Sex Offender’s Registration Requirements by In April 2013, an Ohio appellate court ruled that a sex offender, who was required by virtue of a California conviction to register his address annually for ten years, could not subsequently be indicted, after moving to Ohio and …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Allergy, Food
The Inadequacy of Prison Food Allergy Policies by Jamie Longazel by Jamie Longazel and Rachel Archer Michael Saffioti was arrested on a misdemeanor marijuana charge and held at the Snohomish County Jail (SCJ) in Washington State. On the morning of July 2, 2012, he arrived at the center of his …
Article • April 15, 2014 • from PLN April, 2014
Kitchen Supervisor Gets Prison Time for Sexually Abusing Two Prisoners by A civilian prison employee’s sexual abuse of two prisoners at a federal facility in Phoenix, Arizona was made public after an FBI surveillance camera captured the lascivious details of their ménage à trois. According to a rather explicit criminal …
$15.5 Million Settlement for Mentally Ill Jail Detainee Held in Solitary Confinement by A mentally ill detainee who was placed in solitary confinement in a New Mexico county jail for nearly two years, without adequate medical or mental health care, accepted a $15.5 million settlement for violations of his civil …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Sentencing
U.S. Supreme Court: District Courts Can Make Federal Sentences Consecutive or Concurrent to Future State Sentences by On March 28, 2012, the U.S. Supreme Court held that a federal district court may impose a federal prison term that is consecutive to an anticipated future state court sentence. In February 2014, …
Lowering Recidivism through Family Communication by Alex Friedmann There are currently 2.2 million people held in prisons and jails in the United States,1 and an estimated 95% of prisoners currently in custody will one day be released. Based on 2012 data, around 637,400 people are released annually from state and …
Article • April 15, 2014 • from PLN April, 2014
Iowa: Parole Agreement Does Not Constitute Voluntary Consent that Justifies Warrantless Search by Last year the Supreme Court of Iowa reversed a parolee’s conviction on drug charges, holding that his acceptance of a search condition in a parole agreement did not constitute voluntary consent, and therefore a warrantless, suspicionless search …
Article • April 15, 2014 • from PLN April, 2014
Colorado Prisoner who Murdered Guard Gets Life Without Parole by Last month, Prison Legal News reported that the parents of a slain Colorado prison guard did not want the prisoner who murdered him to face the death penalty. Edward Montour, who beat Lima Correctional Facility guard Eric Autobee to death …
Article • April 15, 2014 • from PLN April, 2014
Update on Missouri Incarceration Reimbursement Act Case by Prison Legal News previously reported a decision by the Bankruptcy Appellate Panel for the Eighth Circuit, which held that a Missouri bankruptcy court was correct in concluding that state prison officials did not violate a discharge injunction by collecting money from a …
Article • April 15, 2014 • from PLN April, 2014
No Discipline for Oregon Prosecutor and Defense Counsel for Illegal Confinement of Mentally Ill Defendant by Although the Oregon State Bar initially decided to pursue disciplinary charges against the district attorney for Washington County and a criminal defense attorney who represented a mentally ill defendant, for causing the defendant’s illegal …
Placing Rival Gang Members in Same Cell Not Per Se Unconstitutional by The Ninth Circuit Court of Appeals applied the harmless error test in finding that a district court’s late Rand summary judgment notice did not deprive a prisoner of substantial rights. Additionally, the appellate court held prison officials were …
Article • April 15, 2014 • from PLN April, 2014
GPS Monitoring System in Los Angeles Plagued by False Alerts, Ignored Alarms by Christopher Zoukis Los Angeles County’s GPS monitoring system, designed to keep track of high-risk probationers, has overwhelmed probation officers with thousands of false alerts each day – so many that some officers simply ignore them. As a …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Death Penalty
No Death Penalty for Maine Prisoner by Lance Tapley In 2008, within a supposedly high-security prison in the giant federal correctional complex in Florence, Colorado, Gary Watland, a “boarder” from Maine, murdered another prisoner, white supremacist Mark Baker. After five and a half years – and after, probably, millions in …
Article • April 15, 2014 • from PLN April, 2014
Qualified Immunity Denied to Michigan Guard for Improper Strip Search of Amputee Prisoner by The Sixth Circuit Court of Appeals affirmed the denial of qualified immunity to a Michigan prison guard who allegedly strip searched a prisoner without a legitimate penological reason for doing so. The appellate court also vacated …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Reviews
The Redbook – A Manual on Legal Style by John Dannenberg by Bryan Garner (Thomson West, 2nd Ed., 2006). 510 pages (spiral bound), $15.00. Book review by John E. Dannenberg The Redbook is a comprehensive reference manual that provides guidance with every facet of preparing legal documents. Reviewed by judges …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Hunger Strikes
New York Prison Officials Can Force-Feed Hunger Striking Prisoner by The New York Court of Appeals, the state’s highest court, held that a hunger striking prisoner’s rights were not violated by a judicial order allowing the state to feed him by nasogastric tube to preserve his life. The Court’s decision …
Article • April 15, 2014 • from PLN April, 2014
Court Awards $802,176 in Fees, Costs in PLN Censorship Suit Against Oregon County by In March 2014, a U.S. District Court ordered Columbia County, Oregon to pay $763,803.45 in attorney’s fees and $38,373.01 in costs in a lawsuit raising claims of illegal censorship at the Columbia County Jail. Prison Legal …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Restitution
Oregon Appellate Court Declines to Correct Unpreserved Sentencing Error Related to Restitution by Mark Wilson In May 2013, the Oregon Court of Appeals agreed that a trial court had committed plain error when it recommended that a defendant pay restitution in an amount to be determined by the Board of …
Sexual Abuse by Oregon Jail Guard Nets Probation; Defense Attorney Blames Victim by A former Oregon jail guard was sentenced to probation for sexually abusing a female prisoner after pleading guilty to a misdemeanor charge; his defense attorney blamed the incarcerated victim while the prosecutor defended the light sentence. The …
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