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Article • July 15, 2003 • from PLN July, 2003
U.S. Supreme Court Upholds Sex Offender Registration Laws by In two decisions handed down on March 5, 2003, the United States Supreme Court reversed the Ninth and Second U.S. Circuit Courts of Appeal, both of which had struck down state sex offender registration laws, popularly known as "Megan's Law(s)." In …
Injunctive Relief Ordered to Fix ADA Violations in California Parole Hearings by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals upheld a December 1999 district court decision (USDC, N.D. Calif.) granting injunctive relief to the class of all California state prisoners and parolees having …
Article • July 15, 2003 • from PLN July, 2003
California Ad Seg Requires Opportunity to Present Views, Gang Debriefing Upheld by In an unpublished opinion, the Ninth Circuit Court of Appeals held that due process requires that prisoners be afforded a meaningful opportunity to present their views to the critical decision maker in administrative segregation cases. The court also …
Guard's Prior Misconduct Wrongly Excluded from Rape Trial by The Ninth Circuit Court of Appeals held that the exclusion of evidence of a guard's prior improper sexual conduct against a former detainee warranted reversal. On Friday, January 31, 1997, Julie Ann Blind-Doan turned herself in to the Taft City Police …
$22,500 Award Upheld in Texas Gang Assault Set-up by Guards by John E Dannenberg $22,500 Award Upheld in Texas Gang Assault Set-Up By Guards by John E. Dannenberg The Fifth Circuit US Court of Appeals affirmed a district court's denial of defendant prison officials' summary judgment motion in a prisoner …
Article • July 15, 2003 • from PLN July, 2003
Gay Bashing Illinois Guards to Pay $65,000 for Savage Beating by A man who was brutally beaten by jail guards while in custody at the Cook County Jail in Chicago will receive $65,000 in a settlement approved in June 2002. Terry Phalen, now 42 and admittedly gay, was awaiting a …
The Crime of Being Poor by Paul Wright "The law in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets and to steal bread." _ Anatole France A central part of the mythology of the criminal justice system in …
Retaliatory Prisoner Transfer for Exercising First Amendment Rights is "Adverse Determination" Under the Privacy Act by Bob Williams Retaliatory Prisoner Transfer for Exercising First Amendment Rights is "Adverse Determination" Under the Privacy Act by Bob Williams The Court of Appeals for the DC Circuit has held that the reclassification and …
Article • June 15, 2003 • from PLN June, 2003
$250,000 Award for Texas Jail Paraplegic Upheld by by Matthew Clarke The Fifth Circuit Court of Appeals has upheld a $250,000 award against Dallas County, Texas, for a paraplegic prisoner who developed life-threatening decubitus ulcers due to the jail's deliberate indifference to his serious medical needs. Brent Lawson, a former …
Article • June 15, 2003 • from PLN June, 2003
New Jersey's Five Percenters an STG and a Religion by David Reutter by David M. Reutter The Third Circuit Court of Appeals has affirmed a New Jersey federal district court's grant of a motion for summary judgment in separate 42 U.S.C. §1983 actions filed by prisoner's Joel Fraise, Alexander Kettles, …
Federal Legal Standards for Prison Medical Care by Daniel E. Manville Federal Legal Standards For Prison Medical Care by Dan Manville The State is required to provide adequate medical care to those it confines.1 In this time of shrinking budgets, many prison systems have turned to contracting with private health …
CCA Pays $54 Million to IRS and Settles Gender Discrimination Complaint by On October 28, 2002, Corrections Corp. of America, (CCA) settled its 1997 federal taxes after an audit by the Internal Revenue Service for the sum of $54 million. The IRS challenged the validity of the tax deductions that …
Ninth Circuit Reexamines Standards for Qualified Immunity at Summary Judgment Stage in California Shooting Case by John E Dannenberg by John E. Dannenberg Amending its earlier decision at 240 F.3d 845 [PLN, June `01], the US Court of Appeals for the Ninth Circuit clarified the evaluation of qualified immunity claims …
California Pays $1.1 Million in Prison Sexual Harassment Suits by In August 2002, California prison officials agreed to pay a settlement of $400,000 to former guard Terri Sanchez in the latest in a series of suits for aggravated sexual harassment filed by female guards at the California Correctional Center in …
Article • May 15, 2003 • from PLN May, 2003
BJS Summarizes State Sex Offender Registries by The Bureau of Justice Statistics (BJS), a division of the U.S. Department of Justice, released a state-by-state summary of the Sex Offender Registries (SOR's) throughout the United States. The report, released in March 2002, compared the states' SOR's in February 2001 to BJS's …
Failure to Allege Imminent Threat Precludes Justification Defenses in BOP Weapons Prosecution by The Seventh Circuit Court of Appeals held that the district court did not error in excluding evidence or argument regarding affirmative defenses of necessity and duress in trials for prisoners' weapon possession. On May 18, 1999, Terry …
Statutes Affecting Disabled Prisoners by Daniel E. Manville In the past couple of years, there have been a number of changes to federal statutes that provide protections to those confined with disabilities. This article discusses those changes. Additional rights that the disabled may have under federal and state constitutional provisions, …
Sole Washington Woman Civil Commitment Taxes System by Lonnie Burton Since 1997, when a court deemed her too dangerous to live in society, Laura McCollum has remained the lone female prisoner at Washington's civil commitment center for sexually-violent predators on the grounds of the state's women's' prison near Purdy. McCollum, …
Rehabilitation Act, Title II of ADA, Held Unconstitutional by In two separate rulings the courts of appeal for the Fourth and Fifth Circuits have held that section 504 of the Rehabilitation Act (RA), 29 U.S.C. §794(a), and, Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §12312, do …
Forced DNA Sampling of California Prisoners Upheld by The California Court of Appeals upheld the California Department of Corrections (CDC) procedure of forcibly collecting blood and saliva DNA samples from prisoners convicted of specified violent crimes, including capital murder. Rejecting the privacy claims of eight women on Death Row, the …
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