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Article • February 15, 2014 • from PLN February, 2014
Filed under: Telephones, Telephone Rates
Prison Phone Justice Campaign: Recent Developments by PLN’s December 2013 cover story provided an updated look at the prison phone industry and examined a recent order by the Federal Communications Commission (FCC) that imposed rate caps on interstate (long distance) prison and jail phone calls. There have since been several …
Article • February 15, 2014 • from PLN February, 2014
Bankruptcy Injunction Covers Pre-petition Incarceration Costs, but Not Those that Accrue Afterwards by The Bankruptcy Appellate Panel for the Eighth Circuit held on February 5, 2013 that a Missouri bankruptcy court was correct in concluding prison officials did not violate a discharge injunction by collecting money from a prisoner’s account …
Article • February 15, 2014 • from PLN February, 2014
Ninth Circuit: 9-Year Detention Pending Civil Commitment Proceeding Warrants Habeas Relief by In March 2013, the Ninth Circuit Court of Appeals reversed a district court’s dismissal of a pro se habeas petitioner’s claim that his 9-year detention while waiting for the State of California to initiate civil commitment proceedings was …
Article • February 15, 2014 • from PLN February, 2014
Filed under: Civil Procedure, Appeals
What Are the Odds of Complete Reversal After Conviction in the Second Circuit? by Peter Schmidt by Richard Levitt and Peter Schmidt A potential client asks an attorney the odds of completely overturning his federal trial conviction on appeal. If the attorney is experienced in the ways of appellate advocacy …
The Effects of Private Prison Confinement in Minnesota on Offender Recidivism by The Minnesota Department of Corrections (DOC) recently completed an evaluation of the effects of private prison confinement on offender recidivism. The evaluation assessed the impact of confinement at the Prairie Correctional Facility (PCF) in Appleton, Minnesota on recidivism …
Rules Governing Lethal Injections Not Required under Georgia Law by The Georgia Supreme Court has held that the state’s Board of Corrections (BOC) is not statutorily required to promulgate rules governing lethal injections. The Court further held that neither the Georgia Department of Corrections (DOC) nor the Commissioner of Corrections …
Private Corrections Institute Issues First Annual Awards for Activism, Advocacy and Reporting on Private Prisons by On January 7, 2014, the Private Corrections Institute (PCI), a Florida-based non-profit citizen watchdog organization, issued its first annual awards for individual activism, organizational advocacy and excellence in news reporting related to the private …
Article • February 15, 2014 • from PLN February, 2014
Deliberate Indifference Medical Claim Accrues Upon Discovery of Injury and its Cause by The Seventh Circuit Court of Appeals has articulated a rule for determining when a prisoner’s claim of deliberate indifference to a serious medical need accrues. In so doing, the Court reversed an Indiana federal district court’s dismissal …
Criminal Background Checks Criticized for Incorrect Data, Racial Discrimination by Derek Gilna A July 2013 study by the National Employment Law Project (NELP) found that widespread errors in FBI arrest data – which is increasingly relied upon by employers conducting criminal background checks – has reached alarming proportions. According to …
Article • February 15, 2014 • from PLN February, 2014
Former Kansas Prisoner’s Sexual Misconduct Suit Overcomes Qualified Immunity by The Tenth Circuit has affirmed the denial of qualified immunity to a warden in a civil rights action that alleged he created and allowed a policy or culture of sexual misconduct and failed to take reasonable measures to abate that …
Article • February 15, 2014 • from PLN February, 2014
Ninth Circuit Upholds Six-Day Contraband Watch Conditions by A divided panel of the Ninth Circuit Court of Appeals has held that California prison officials are entitled to qualified immunity on a prisoner’s claim that the conditions of a six-day contraband watch – which included 24-hour lighting, the absence of a …
Article • February 15, 2014 • from PLN February, 2014
Reflections on the No More Jails Campaign in Champaign County, Illinois by James Kilgore When we began our campaign to stop jail construction in Champaign County, Illinois in early 2012, I thought we were doomed. The grand plan to spend $20 million on this project seemed like a done deal. …
Article • February 15, 2014 • from PLN February, 2014
Ninth Circuit Questions Constitutionality of Requiring Jail Prisoners to Wear Pink Underwear by Matthew Clarke by Matt Clarke On March 7, 2012, the Ninth Circuit Court of Appeals issued a decision in which it questioned the constitutionality of a Maricopa County, Arizona jail policy that requires male pretrial detainees who …
Article • February 15, 2014 • from PLN February, 2014
Pennsylvania Jail Official Indicted for Groping Co-workers by Christopher Zoukis Ronald Edward Lensbouer, 44, the Chief Corrections Officer at a jail in Somerset County, Pennsylvania, faces charges of indecently assaulting two female guards at the facility. According to court records, Lensbouer was charged on June 5, 2013 in two separate …
Article • February 15, 2014 • from PLN February, 2014
Solitary Confinement’s Invisible Scars by Five Oman Mualimm-ak I spent more than five years of my sentence in “the box,” for trivial violations. It’s time we saw this casual abuse for what it is: torture. by Five Oman Mualimm-ak As kids, many of us imagine having superpowers. An avid comic …
Confronting Prison Slave Labor Camps and Other Myths by James Kilgore There are moments when our longings for social justice cloud our vision, times when the way we want the world to be blocks our understanding of the way things really are. A good example of this is the notion …
Article • February 15, 2014 • from PLN February, 2014
Possession of Rape Video Warrants Restitution; Victim Awarded Over $1 Million Thus Far; Supreme Court Grants Cert. by When she was a little girl, Amy’s uncle videotaped himself raping her, then shared the video with other pedophiles. Now in her 20s, Amy (a pseudonym) is seeking restitution from everyone who …
Article • February 15, 2014 • from PLN February, 2014
Filed under: Sentencing, Three Strikes
California: Felons with Prior Juvenile Strikes Excluded from County Jail Placement Under Realignment Act by The California Court of Appeal held on March 20, 2013 that a prisoner whose prior record includes a juvenile adjudication for a serious or violent felony may not receive a county jail commitment, even if …
Article • February 15, 2014 • from PLN February, 2014
PA Prison Lieutenant Fired After Assisting in Criminal Investigation by A former Pennsylvania prison lieutenant might now have a better understanding as to why many prisoners refuse to assist in criminal investigations. In January 2011, Lt. Vincent Schaffer, 45, then a unit manager in F Block at SCI-Pittsburgh, was approached …
Article • February 15, 2014 • from PLN February, 2014
PLN Settles Censorship Suit Against Texas County Jail for $175,000 by In December 2013, Prison Legal News settled a federal lawsuit against Upshur County, Texas that alleged unconstitutional censorship when PLN’s publications were rejected by jail officials. The suit, filed in October 2012, named the county, Sheriff Anthony Betterton and …
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