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California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Nonetheless Merit
Article • December 15, 2003
Filed under: Sex Offenders (Discrimination), Civil Procedure, Mootness, Habeas Corpus, Civil Commitment
California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Nonetheless Merit by California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Nonetheless Meritless by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that because the two-year interval between recurring civil commitment trials for …
Bloated Prison Budget Fuels California's Degenerative Incarceration Spiral
Article • November 15, 2003 • from PLN November, 2003
Filed under: Guard Misconduct, Gang Policies, Crime, Victims, Prisoner Privileges, Education, Parole, Guard Unions, State Legislation
Bloated Prison Budget Fuels California's Degenerative Incarceration Spiral by John E Dannenberg by John E. Dannenberg California's $5.3 billion prison spending plan was shaved only a miniscule $35 million in the August 2, 2003 $100 billion annual state budget - a "budget" that is admittedly $38.2 billion out of balance …
Sex Offender Registries Asked: Where Are All the Sex Offenders?
Article • November 15, 2003 • from PLN November, 2003
Filed under: Discrimination, Sex Offender Registration, Statistics/Trends
Sex Offender Registries Asked: Where Are All the Sex Offenders? by Sex Offender Registries Asked: Where Are All the Sex Offenders? An informal poll by the organiza-tion Parents for Megan's Law has revealed holes in states' abilities to track the location of convicted sex offenders who are required to register …
100+ Canadian Prisoners Attempt to Escape from Private Superjail; Racial Profiling Alleged
Article • November 15, 2003 • from PLN November, 2003
Filed under: Private Prisons, Management and Training Corporation, Racial Discrimination, Escapes, Prisoners-International
100+ Canadian Prisoners Attempt to Escape from Private Superjail; Racial Profiling Alleged by According to the Toronto Star, on September 20, 2002, more than a hundred prisoners at the privately-run Superjail in Penetanguishene, Ontario, used a battering ram to attempt an escape. According to the Ontario Provincial Police, the prisoners, …
Trial Required in Pennsylvania Guard Beating
Article • November 15, 2003 • from PLN November, 2003
Filed under: Racial Discrimination, Retaliation for Filing Grievances, Retaliatory Discipline, Eighth Amendment, Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Civil Procedure, Defenses
Trial Required in Pennsylvania Guard Beating by John E Dannenberg by John E. Dannenberg The Third Circuit U.S. Court of Appeals held that summary judgment for defendant prison guards was inappropriate without a trial to develop the facts, in a case where a prisoner claimed he was viciously beaten by …
Gay Prisoners Not Entitled to Double-Occupancy Cell
Article • November 15, 2003 • from PLN November, 2003
Filed under: Gay/Lesbian, STDs, Conditions of Confinement, Failure to Protect (General)
Gay Prisoners Not Entitled to Double-Occupancy Cell by Gay Prisoners Not Entitled To Double-Occupancy Cell The Fourth Circuit U.S. Court of Appeals held that legitimate penological interests supported a prison policy to restrict homosexual male prisoners to single celled housing while at the same facility yet permitting homosexual female prisoners …
Eighth Circuit Affirms Damages Award, Discovery Sanctions, Fees in Missouri Pepper Spray Case
Article • November 15, 2003 • from PLN November, 2003
Filed under: Prosecutor/Attorney General Misconduct, Racial Discrimination, Pepper Spray/Tear Gas, Civil Procedure, Damages, Discovery, Sanctions, Qualified Immunity
Eighth Circuit Affirms Damages Award, Discovery Sanctions, Fees in Missouri Pepper Spray Case by The U.S. Eighth Circuit Court of Appeals upheld a jury verdict, damages awards, and discovery sanctions against Missouri Department of Corrections officials at the Potosi Correctional Center (PCC) in a case involving excessive force against PCC …
Honduras Prison Massacre: What Really Happened
Article • October 15, 2003 • from PLN October, 2003
Filed under: DOC/BOP misconduct, Gang Policies, Overcrowding, Excessive Force, Prisoners-International, Wrongful Death
Honduras Prison Massacre: What Really Happened by On April 5, 2003, 68 people were murdered inside the walls of the El Porvenir prison in Honduras. The story that initially came out of that country said that 59 of the dead were gang members who shot at other prisoners, then barricaded …
Limbaugh v. Thompson, AL, Order, Native American Long Hair, 2003
Brief • September 29, 2003
Filed under: Native American
Limbaugh v. Thompson, AL, Order, Native American Long Hair, 2003 FILED IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAM~EP NORTHERN DIVISION JAMES LIMBAUGH, et aI., Plaintiffs, vs. LESLIE THOMPSON, et at, Defendants. NATIVE AMERICAN PRISONERS OF ALABAMA - TURTLE WIND CLAN, et aI., Plaintiffs, vs. STATE …
Gay Visiting Rule Challenged
Article • September 15, 2003 • from PLN September, 2003
Filed under: Prisoner-Prisoner Harassment, Gay/Lesbian, Gender Discrimination -- Men, Civil Procedure, Frivolous Litigation
Gay Visiting Rule Challenged by The Ninth Circuit U.S. Court of Appeals reversed the U.S. District Court's (D.Ariz.) Fed.Rules Civ.Proc. Rule 12(b)(6) dismissal of an equal protection claim raised by an Arizona prisoner and his gay visitor who were denied the right to kiss and hug during prison visits solely …
Women Prisoners in Alabama Win Preliminary Injunctive Relief
Article • September 15, 2003 • from PLN September, 2003
Filed under: Discrimination, Gay/Lesbian
Women Prisoners in Alabama Win Preliminary Injunctive Relief by The U.S. District Court for the Middle District of Alabama granted a motion for a preliminary injunction after a group of female prisoners complained that the state operated the women's prisons in an unconstitutionally unsafe manner. The Julia Tutwiler Prison for …
Alabama's Women Prisoners Moved to Louisiana to Ease Overcrowding
Article • September 15, 2003 • from PLN September, 2003
Filed under: Work Release, Gender Discrimination -- Women, HIV/AIDS, Conditions of Confinement, Failure to Protect (General), Overcrowding, Staffing, Ventilation, Exposure to Heat, Preliminary Injunctions/TRO's
Alabama's Women Prisoners Moved to Louisiana to Ease Overcrowding by Alabama's Julia Tutwiler Prison for Women at Wetumpka was built in 1942 to house 364 prisoners. In 2002, Tutwiler's population rose beyond 1,000 with overcrowding so severe that a group of women prisoners sought relief by filing a lawsuit in …
Texas Magistrate Suspended for Verbally Abusing Prisoners
Article • September 15, 2003 • from PLN September, 2003
Filed under: Misconduct/Corruption, Judicial Misconduct, Racial Discrimination
Texas Magistrate Suspended for Verbally Abusing Prisoners by Texas Magistrate Suspended For Verbally Abusing Prisoners by Matthew T. Clarke A Brazoria County, Texas, Justice of the Peace (JP) has been suspended pending the outcome of judicial misconduct proceedings, after he used profanity and racial slurs to verbally abuse prisoners in …
Tennessee Prisoner Awarded $242,500 in CCA Medical Neglect Suit
Article • September 15, 2003 • from PLN September, 2003
Filed under: Gang Policies, Evidentiary Ruling, Expert Witnesses, RLUIPA, Qualified Immunity, Publications/Books, Religious Freedom, Denial of Religious Services, Religious Property
Tennessee Prisoner Awarded $242,500 in CCA Medical Neglect Suit by On December 3, 2002, a U.S. district court issued a $400,000 judgment against Corrections Corporation of America for violating the rights of Wesley Taylor, a prisoner at the South Central Correctional facility in Tennessee. After hearing Taylor's §1983 federal civil …
Los Angeles County Liable Under § 1983 for Jail Detainee's Murder
Article • August 15, 2003 • from PLN August, 2003
Filed under: Gang Policies, Crime/Demographics, Prison/Jail Murders, Failure to Protect (General), Eleventh Amendment Immunity, Municipal Liability, Failure to Protect (Wrongful Death)
Los Angeles County Liable Under § 1983 for Jail Detainee's Murder by Los Angeles County Liable Under § 1983 for Jail Detainee's Murder by Walter Reaves The following are summaries of the some of more significant, and interesting cases decided during the last several months dealing with issues important to …
Director Out at Scandal-Plagued Washington State Jail
Article • August 15, 2003 • from PLN August, 2003
Filed under: Staff-Prisoner Assault, Staff-Prisoner Harassment, Guard Misconduct, Medical Misconduct, Jail Misconduct, Gender Discrimination -- Women, Systemic Medical Neglect, Drug/Alcohol Withdrawal, Strip Searches, Conditions of Confinement, Totality of Conditions, Overcrowding, Staffing, Seizure of Prisoner Funds, Medical Neglect/Malpractice
Director Out at Scandal-Plagued Washington State Jail by Lonnie Burton Amid numerous scandals and investigations into wrongdoing and prisoner mistreatment by staff, the director of the Snohomish County jail in Everett, WA was relieved of her duties in mid-April 2003. Corrections department director Andrea Bynum was fired due to her …
North Carolina Juvenile Prisons Plagued by Physical, Sexual Abuse, and Medical Neglect
Article • August 15, 2003 • from PLN August, 2003
Filed under: Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, DOC/BOP misconduct, Sex Offenders (Discrimination), Racial Discrimination, Medical, Medication, Respiratory, Guard Brutality/Beatings, Medical Neglect/Malpractice, Employee Litigation
North Carolina Juvenile Prisons Plagued by Physical, Sexual Abuse, and Medical Neglect by Lonnie Burton North Carolina Juvenile Prisons Plagued by Physical, Sexual Abuse, and Medical Neglect by Lonnie Burton After four separate lawsuits were filed by prisoners serving sentences at two North Carolina juvenile facilities alleging a wide range …
DSU-Like Conditions in Massachusetts Prison Trigger Due Process Protection
Article • August 15, 2003 • from PLN August, 2003
Filed under: Gang Policies, Control Units/SHU/Solitary Confinement, Ad-Seg Hearings
DSU-Like Conditions in Massachusetts Prison Trigger Due Process Protection by DSU-Like Conditions in Massachusetts Prison Trigger Due Process Protection by Matthew T. Clarke The Supreme Judicial Court of Massachusetts has held that the Massachusetts Commissioner of Corrections (MCOC) may not avoid previously ordered due process review of prisoners placed in …
Veterans' Disability Check Unlawfully Seized to Pay State Restitution Fine
Article • July 15, 2003 • from PLN July, 2003
Filed under: Sex Offenders (Discrimination), Retaliation, Retaliation for Litigating, Complaints, Seizure of Prisoner Funds, Restitution, Veterans
Veterans' Disability Check Unlawfully Seized to Pay State Restitution Fine by John E Dannenberg by John E. Dannenberg The Third Circuit US Court of Appeals held that a New Jersey statute providing for seizure of a prisoner's federal veterans' disability benefits check to pay a state restitution fine was void …
California Prison Guards' Attorneys Convicted in Dog Mauling
Article • July 15, 2003 • from PLN July, 2003
Filed under: Guard Misconduct, Gang Policies, Crime/Demographics, Criminal Prosecution, Crime, Attorney Client, Attorney Misconduct, Guard Unions
California Prison Guards' Attorneys Convicted in Dog Mauling by Marvin Mentor On March 21, 2002, a San Francisco, California husband and wife attorney team, Robert Noel and Marjorie Knoller, who for years had defended prison guards at maximum security Pelican Bay State Prison (PBSP), were themselves convicted of manslaughter when …
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