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Article • February 15, 2014 • from PLN February, 2014
Qualified Immunity Denied to Prison Psychiatrist who Prescribed Lethal Drug Combination; $450,000 Settlement by The Sixth Circuit Court of Appeals has affirmed the denial of qualified immunity to a psychiatrist in a lawsuit brought by a prisoner’s estate. The appellate court found the evidence could establish that the psychiatrist had …
Article • February 15, 2014 • from PLN February, 2014
Medical Parole for Texas Prisoners on the Decline by Matthew Clarke by Matt Clarke The number of prisoners granted medical parole in Texas decreased in fiscal year 2012 compared with those paroled due to medical reasons in the previous two years. The Texas Board of Pardons and Paroles approved just …
Article • February 15, 2014 • from PLN February, 2014
Court Employee Fired for Helping Wrongfully Convicted Prisoner Prove His Innocence by Christopher Zoukis In 1984, Robert E. Nelson was convicted and sentenced by Jackson County, Missouri Circuit Court Judge David M. Byrn to 50 years in prison for forcible rape, 5 years for forcible sodomy and 15 years for …
NY Prisoner’s Youthful Age Considered in Modifying Prison Disciplinary Sanction by The Appellate Division of New York’s Supreme Court, Fourth Judicial Division, after taking into account a prisoner’s youthfulness, modified the penalty imposed in a prison disciplinary hearing. Prisoner Paul Cookhorne was charged with violating various prison rules that included …
Eighth Circuit: No Qualified Immunity for Excessive Use of Force, Retaliation by The Eighth Circuit Court of Appeals has affirmed a district court’s denial of qualified immunity on a prisoner’s retaliation and excessive force claims. On July 26, 2008, Missouri prisoner Victor Santiago faced administrative segregation for failing to report …
Article • February 15, 2014 • from PLN February, 2014
Islamic Organization Petitions to Let Muslim Women Prisoners Wear Hijabs by Christopher Zoukis In May 2013, the Council on American-Islamic Relations (CAIR) petitioned the U.S. Department of Justice (DOJ) to establish a uniform policy for all local, state and federal correctional facilities to allow Muslim women to wear hijab head …
West Virginia Sex Offender Does Not Have Right to Attend Specified Church by The West Virginia Supreme Court held on February 22, 2013 that a convicted sex offender does not have an automatic right to attend religious services of his choice. The Court’s ruling was not based on the right …
Ninth Circuit Reverses Dismissal of Wiccan Prisoners’ Establishment Clause Claim by On February 19, 2013, the Ninth Circuit reversed a district court’s dismissal of a lawsuit brought under 42 U.S.C. § 1983 by two California prisoners who alleged that prison officials had violated their constitutional rights by failing to apply …
Article • February 15, 2014 • from PLN February, 2014
Lawsuit, Whistleblower Allege Rape by Guards at New Mexico Prison by A lawsuit filed in May 2012, alleging sexual abuse at the Central New Mexico Correctional Facility (CNMCF) in Los Lunas, compelled a retired prison guard to come forward and blow the whistle on several other officers, including one already …
Article • February 15, 2014 • from PLN February, 2014
Ninth Circuit: Immigration Detainees Must be Afforded Opportunity to Challenge Continued Detention after Six Months by On April 16, 2013, the Ninth Circuit Court of Appeals affirmed a district court’s grant of preliminary injunctive relief to immigration detainees in Southern California, affording them an opportunity to challenge their continued detention …
Article • February 15, 2014 • from PLN February, 2014
Restitution Not Owed for Arrest Costs, West Virginia Court Holds by Derek Gilna Petitioner Michael John McGill appealed his December 2010 state conviction for escape from home confinement while on bail and the sentencing judge’s order that he pay $8,261.56 in “restitution to the State for costs associated with apprehending …
Article • February 15, 2014 • from PLN February, 2014
Discretionary Immunity Dismissal of Ohio Prisoner’s Negligence Claims Reversed by On March 12, 2013, the Ohio Court of Appeals overturned an earlier discretionary immunity decision and reversed a lower court’s dismissal of a prisoner’s negligence claims on the basis of discretionary immunity. Ohio Department of Rehabilitation and Correction (ODRC) prisoner …
Article • February 15, 2014 • from PLN February, 2014
Crime Declines while Anti-crime Funding Increases by Christopher Zoukis Crime is down in the United States, but spending measures included in the $1.1 trillion federal budget passed by Congress in January 2014 will ensure that many law enforcement agencies receive more funding. Insiders give much of the credit for the …
Article • February 15, 2014 • from PLN February, 2014
Jails Market Electronic Cigarettes to Prisoners by Christopher Zoukis Jail administrators have found a new revenue stream: exploiting prisoners’ addiction to nicotine by selling them electronic cigarettes, or e-cigarettes, for a substantial profit. Even as municipalities like Chicago, New York and Los Angeles enact restrictions on the sale of e-cigarettes, …
Article • February 15, 2014 • from PLN February, 2014
Justice Department Reports: Correctional Populations Declining at Slower Pace by Derek Gilna The Bureau of Justice Statistics has published two new reports, “Correctional Populations in the United States, 2012” and “Probation and Parole in the United States, 2012.” Both indicate that although correctional populations continue to drop, the rate of …
Article • February 15, 2014 • from PLN February, 2014
Washington: No Public Funds for Deferred Prosecution Treatment Programs by The en banc Washington state Supreme Court has held that the legislature did not intend to commit public funds to cover the full cost of treatment for indigent defendants participating in deferred prosecutions. A Washington defendant charged with a misdemeanor …
Article • February 15, 2014
Filed under: News
Dying in Prison by By Graham Kates In 2006, Edgar Barens went to prison every day for six months. The Iowa State Penitentiary had granted the Chicago-based film-maker unprecedented access to shoot a documentary about the prison’s fledgling hospice program. There, he met and filmed the eponymous lead of his …
Article • February 15, 2014
Filed under: Organizing, Hunger Strikes
A Prisoner's Salute to Bobby Sands by The Irish Hunger Striker Who Ignited a Generation A Prisoner's Salute to Bobby Sands by DENIS O'HEARN I attended a birthday party last week. It was in Ohio State Penitentiary, on the 60th birthday of Bobby Sands, the Irish political prisoner who died …
Filing • February 14, 2014
Stipulated Judgment, Estate of Ricardo Mejia v. Washington State Dept. of Corrections, No.: 13-2-02598-9 (February 2014)
Publication • February 14, 2014
Guide to Identification: San Quentin Edition, Prisoner Reentry Network, 2014 !! ! Prisoner(Reentry(Network’s(Guide(To:( ! IDENTIFICATION:!Birth!Certificate,!Driver’s! License,!Social!Security,!RAP!Sheet! ! San!Quentin!Edition! ! CONTENTS:! 1. PRISONFISSUED!IDENTIFICATION! 2. BIRTH!CERTIFICATE! a. Overview! b. Form:!Birth!Certificate!and! Identification! 3. DRIVER’S!LICENSE!AND! IDENTIFICATION!CARD! a. Process!Overview! b. Expired!License! c. Renewal!by!Mail! d. Sample!Form:!DL!44! e. Form:!DL!410! f. Form:!INF!1125! 4. SOCIAL!SECURITY!CARD! a. Overview! b. Requirements! …
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