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Article • April 15, 2004 • from PLN April, 2004
Blind Prisoner Must Exhaust Administrative Remedies by Blind Prisoner Must Exhaust Administrative Remedies The Fifth Circuit Court of Appeals held that a blind prisoner is not excused from the administrative exhaustion requirement of the PLRA, and that a state court finding the prison systems grievance procedure violates Louisiana's State Constitution …
$108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E Dannenberg $108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals approved attorney fees/costs totaling $108,352 for litigation efforts in gaining injunctive relief under the Americans …
Article • February 15, 2004 • from PLN February, 2004
Justification for California Prisoner Shooting Death Disputed by Fresno County, California sheriff's investigators and California Department of Corrections' (CDC) officials disputed whether the shooting death of a Pleasant Valley State Prison (PVSP) prisoner on October 12, 2003 during a prison yard disturbance was justified based upon CDC's use-of-lethal-force protocol. Alejandro …
Chicago's Brutal Jail Guards by by Matthew T. Clarke A series of brutal beatings of prisoners by guards at the Cook County (IL) Jail in Chicago has already resulted in more than $1.5 million being paid to prisoner victims with several unsettled lawsuits still in court. Two jail guards resigned …
Article • February 15, 2004 • from PLN February, 2004
Book Review: Inner Lives: Voices of African American Women in Prison by Silja JA Talvi by Paula C. Johnson, 339 pp. , New York Univiversity Press, 2003, hardcover Review by Silja J.A. Talvi Attention to African American women in prison is paid so rarely, and with so little depth, that …
California Has Difficulty Placing First Released Sexually Violent Predator by The California Department of Correc-tions (CDC) released its first civilly committed sexually violent predator (SVP) in August, 2003, after he had "graduated" from seven years of rehabilitation at Atascadero State Hospital (ASH), CDC's lockup unit for SVPs. A large public …
Washington Sex Offenders' Release Plans Must Be Processed by The Washington State Court of Appeals for Division 1 has held that the Washington Department of Corrections (DOC) must process sex offenders' release plans, even if they are being referred for civil commitment as sexually violent predators. William Dutcher was a …
CCA Abuse Goes Unpunished at New Jersey INS Detention Center by Mark Dow Maybe it was cynical courtroom theatre, or maybe the attorney for the Corrections Corporation of America (CCA) believed it when he ridiculed the very idea that prison guards would retaliate against prisoners for conducting a hunger strike …
Mason v. State of Maine, ME, Second Amended Complaint, Disability Discrimination, 2004 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE DAVID A. MASON AND PHILLIP M. NAPIER Plaintiffs, v. STATE OF MAINE, DEPARTMENT OF CORRECTIONS; JEFFREY D. MERRILL, individually; CAPTAIN RATCLIFF, individually; and SHEILA LORENZ, individually. Defendants * * …
Article • January 15, 2004 • from PLN January, 2004
Prison Labor Fuels American War Machine by Ian Urbina On April 16, 2003, George W. Bush visited the shop floor at the Boeing plant in St. Louis, Missouri. His 90-minute appearance drew several hundred men and women who help make the military's $48 million F-18 Hornet fighters, 36 of which …
Invisible Punishment: The Collateral Consequences of Mass Imprisonment by Silja JA Talvi Edited by Marc Mauer and Meda Chesney-Lind, The New Press, 2002, 368 pgs. Review by Silja J.A. Talvi Mass imprisonment, according to criminal justice experts Marc Mauer and Meda Chesney-Lind, is the direct outgrowth of social and legal …
Article • January 15, 2004 • from PLN January, 2004
Massachusetts Jail Guards Assault Mentally Disabled Prisoner by Michael Rigby Massachusetts Jail Guards Assault Mentally Disabled Prisoner by Michael Rigby Six Essex County jail guards were suspended and one fired after they assaulted a mentally challenged prisoner in the jail infirmary by forcing him to eat cake while handcuffed. Author …
New Iowa Law Creates Sex Offender Residency Zones by A new Iowa law, passed in 2002, prohibits any sex offender who has victimized a child from living within 2,000 feet of a school or child-care center. The law has effectively exiled these ex-cons to enclaves on the outskirts of town, …
Qualified Immunity Standards Tightened in Prison Murder Suit by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals brought its law of the Circuit into compliance with recent U.S. Supreme Court case law to add the additional test of "knowing unlawfulness" in Eighth Amendment prisoner …
Immunity Granted to Wisconsin Sex Offenders in Treatment by Immunity Granted to Wisconsin Sex Offenders in Treatment The Wisconsin Supreme Court has held that Gary Tate is entitled to immunity for statements made at court imposed sex offender treatment, and the revocation of his probation for refusing to make admissions …
Total Ban on Aryan Nation Mail Too Restrictive by The U.S. Court of Appeals for the Eighth Circuit held that a white supremacy group failed to state a claim as to their recognition as a religious group but that the prison mail policy banning communication with and access to its …
Non-Sex-Offender Parolee Entitled to Due Process Before Being Treated As Sex Offender by by Matthew T. Clarke The Fifth Circuit court of appeals held that a parolee who has never been convicted of a sex offense is entitled to a due process hearing prior to being required to register as …
Federal Judge Strikes Down Iowa Prison's Faith-Based Rehabilitation Program by Michael Rigby A federal judge in Iowa has ruled that the state's partial funding of a Christian rehabilitation program is unconstitutional. In a 140-page opinion issued on June 2, 2006, U.S. District Judge Robert W. Pratt ordered the Iowa Department …
Fired, Tattooed, Nude-Posing Guard Settles with Maryland DOC for $10,000 by by Matthew T. Clarke Maryland has agreed to pay an ex-guard who appeared nude on a website and in a tattoo magazine $10,000 to get her to drop her wrongful discharge claim after an administrative law judge sided with …
God Pod Under Fire by Silja JA Talvi By Silja JA Talvi, Santa Fe Reporter Prison program sparks lawsuit. Faith-based initiatives are all the rage these days, particularly when hundreds of millions of dollars of federal funding have been available to programs and agencies that tow the religion-and-social-services approach favored by …
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