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Article • November 15, 2013 • from PLN November, 2013
Fifth Circuit: No Right to RDAP for Non-citizen Federal Prisoner by The Fifth Circuit Court of Appeals held last year that a non-citizen federal prisoner had no constitutional right to participate in a substance abuse rehabilitation program that could reduce his sentence by up to a year. Ricardo Gallegos-Hernandez, a …
Anonymous PREA Hotlines Not So Anonymous by Following a decade of delays, the Prison Rape Elimination Act (PREA) standards, promulgated by the U.S. Department of Justice, went into effect in August 2013. [See: PLN, September 2013, p.1]. One of the PREA rules, 115.51, states that correctional agencies “shall provide multiple …
Article • November 15, 2013 • from PLN November, 2013
Montana Jail Fresh Air/Exercise Lawsuit Certified as Class Action, Then Settles by The U.S. District Court for the District of Montana granted class certification in a lawsuit alleging that the Missoula County Detention Facility (MCDF) deprives prisoners of fresh air and outdoor exercise. Following the class certification, the suit settled …
D.C. Circuit Clears Terrorism Suspect after 11-Year Ordeal by Derek Gilna An October 16, 2012 decision by the D.C. Circuit Court of Appeals has ended the lengthy ordeal of Salim Ahmed Hamdan, who was originally captured in Afghanistan in 2001 and detained at the U.S. military prison in Guantanamo Bay, …
Article • November 15, 2013 • from PLN November, 2013
Texas Prison Population Drops but Savings Evaporate by Matthew Clarke by Matt Clarke The prospects for cost savings in the operation of the Texas Department of Criminal Justice (TDCJ), now the nation’s largest state prison system, seemed optimistic in 2011 when the state made the unprecedented decision to close a …
Article • November 15, 2013
This Draconian System of Punishment and Abuse: An Interview with Former Political Prisoner Ray Luc Levasseur by Aviva Stahl By Aviva Stahl The following is a partial transcript of an interview with Ray Luc Levasseur, a former political prisoner who spent over fifteen years in solitary confinement, primarily at USP …
Article • November 15, 2013 • from PLN November, 2013
Federal Prisoners Paid During Government Shutdown, but Not Prison Guards by Derek Gilna One of the ironies of the recent 16-day federal government shutdown, which ended on October 16, 2013, is that prisoners in the federal Bureau of Prisons (BOP) continued to receive their paychecks while BOP workers did not. …
Article • November 15, 2013 • from PLN November, 2013
Gun Found in Segregation Cell at Privately-operated Mississippi Prison by According to documents produced by the Mississippi Department of Corrections pursuant to a public records request, a semi-automatic pistol and other contraband was found at the Wilkinson County Correctional Facility in Woodville on September 13, 2013. The prison is operated …
Article • November 15, 2013 • from PLN November, 2013
New York City Jail Chaplain Fined for Accepting Bribe, Pleads Guilty to Fraud Charges by A politically-connected New York City jail chaplain was fined for accepting a gift from a prisoner’s family, then charged with stealing federal housing funds in an unrelated case. He was ordered to serve 45 days …
Article • November 15, 2013 • from PLN November, 2013
New Exonerations Registry Catalogs Over 2,400 Wrongful Convictions by According to the National Registry of Exonerations, more than 1,230 criminal defendants who were wrongfully convicted have been exonerated since 1989. Another 1,170 cases involving wrongful convictions were not included in the Registry’s database because they were “collective exonerations” in police …
New Hampshire Supreme Court Revives Prisoner's Negligence Action by Last year the New Hampshire Supreme Court reversed a lower court’s dismissal of a prisoner’s negligence claims, finding they were permitted under RSA 507-B:2. On September 9, 2007, New Hampshire county prisoner Dana Chatman was part of a work crew assigned …
Article • November 15, 2013 • from PLN November, 2013
Prisoners in Texas Jail Providing Less Slave Labor by According to Taylor County, Texas Sheriff Les Bruce, prisoners at the county jail in Abilene are performing less free labor than in the past. Bruce allowed low-risk prisoners convicted of non-violent offenses to perform work for the county in exchange for …
Article • November 15, 2013 • from PLN November, 2013
Book Review: Against Their Will: The Secret History of Medical Experimentation on Children in Cold War America by Christopher Zoukis by Allen M. Hornblum, Judith L. Newman and Gregory J. Dober (Palgrave MacMillan, 2013). 266 pages. $27.00 Book review by Christopher Zoukis According to Oswald Spengler, writing in The Decline …
Article • November 15, 2013 • from PLN November, 2013
Second Circuit: Bankruptcy Automatic Stay is No Excuse for Non-payment of Restitution by Derek Gilna Philip Colasuonno, a defendant in the U.S. District Court for the Southern District of New York, was resentenced to 4 months in prison after the court found he had “willfully violated probation by failing to …
Third Circuit Reverses More Stringent Conditions of Supervised Release by Derek Gilna In 2004, Charles F. Murray was sentenced to 95 months in federal prison after pleading guilty to possession of child pornography and traveling interstate to engage in illicit sexual conduct with a minor. As part of his sentence …
California: State Not Liable for Failure to Provide Needed Treatment so Long as Medical Care is Summoned by On January 15, 2013, the California Court of Appeal held that state prison officials were immune from liability, as a matter of law, for decisions that resulted in a prisoner failing to …
Article • November 15, 2013 • from PLN November, 2013
Philippines Prison Suspends Thriller Dancers by On February 24, 2012, guards at a maximum-security facility in the Philippines were so spooked following an incident involving a prisoner with a homemade weapon that they temporarily suspended the prison’s dance troupe, which became internationally famous for its 2007 choreographed homage to Michael …
Article • November 15, 2013 • from PLN November, 2013
Court Baffled by BOP's Steel-toe Boot Requirement for Prisoners by Derek Gilna In reviewing the appeal of federal prisoner York Wilson, convicted by a jury of “assault resulting in serious bodily injury,” the Seventh Circuit criticized the Bureau of Prisons’ (BOP) policy that requires most prisoners to wear steel-toe boots. …
Article • November 15, 2013 • from PLN November, 2013
Prison Sentence Imposed for Sole Purpose of Drug Treatment Vacated by Eighth Circuit by Derek Gilna In a “plain error” reversal of a district court’s order imposing a 24-month sentence on a defendant who violated the terms of his supervised release for the sole purpose of ensuring that he could …
Article • November 15, 2013 • from PLN November, 2013
Connecticut Supreme Court Reverses FOIA Disclosure of NCIC Printout by The Connecticut Supreme Court held on September 27, 2012 that a National Crime Information Center (NCIC) printout was exempt from production under the state’s Freedom of Information Act (FOIA), because a federal regulation barred its disclosure. Rashad El Badrawi was …
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