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Brief • September 16, 2009
Prison Legal News v EOUSA, CO, Order releasing certain info, 2009 Case 1:08-cv-01055-MSK-KLM Document 26 Filed 09/16/2009 USDC Colorado Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 08-cv-01055-MSK-KLM PRISON LEGAL NEWS, Plaintiff, v. EXECUTIVE OFFICE FOR …
Brief • September 16, 2009
Friedmann v. CCA, TN, Opinion, FOIA public records request, 2009 IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE June 25, 2009 Session ALEX FRIEDMANN v. CORRECTIONS CORPORATION OF AMERICA Appeal from the Chancery Court for Davidson County No. 08-1105-I Claudia C. Bonnyman, Chancellor No. M2008-01998-COA-R3-CV - Filed September 16, …
Anatomy of the Modern Prisoners’ Rights Suit: A Practitioner’s Guide to Successful Jury Trials on Behalf of Prisoner-Plaintiffs* by Alphonse A. Gerhardstein by Alphonse A. Gerhardstein+ Ed. Note: This article is written with the aim of assisting attorneys who are litigating prison-related lawsuits; however, it is also very helpful for …
Article • September 15, 2009 • from PLN September, 2009
From the Editor by Paul Wright The cover story this month, on the nuts and bolts of winning a prisoner rights case is by Alphonse Gerhardstein, one of the top civil rights lawyers in the country. His invaluable advice applies equally to pro se prisoner litigants as it does to …
Article • September 15, 2009 • from PLN September, 2009
Innocent Georgia Man Receives $500,000 as Compensation for Rape Conviction by The State of Georgia paid $500,000 to a man who spent 28 years in prison for a rape he did not commit. John Jerome White was arrested in 1979 after an elderly woman identified him during a police line …
Former Prisoner Convicted of Impersonating Criminal Defense Attorney by On April 15, 2009, a federal jury convicted a former prisoner who impersonated a lawyer on charges of mail fraud and making false statements, and the U.S. District Court subsequently imposed a 51-month prison sentence. Howard O. Kieffer, 54, served time …
Why False Imprisonment Recoveries Should Not Be Taxable by Robert Wood by Robert W. Wood1 Claims for false imprisonment may be brought in various ways under federal or state law. An individual who has been wrongfully incarcerated may sue under 42 U.S.C. Section 1983 for a violation of his constitutional …
Texas’ Parole Condition X Violates Due Process by Gary Hunter Texas’ parole Condition X has come under scrutiny in a federal court case. On December 12, 2008, a U.S. magistrate judge issued a 30-page order granting partial summary judgment in favor of parolee David Brian Jennings, after concluding that the …
Article • September 15, 2009 • from PLN September, 2009
$2.16 Million Settlement in Dauphin Pennsylvania Jail Strip Search Lawsuit by A class action lawsuit alleging illegal strip searches occurred regularly at Pennsylvania’s Dauphin County Prison (DCP) has been settled for $2.16 million. The class claimed they were arrested on minor charges and strip searched without any particularized suspicion that …
Article • September 15, 2009 • from PLN September, 2009
Using Chemical Agents on Mentally Ill Prisoners Unconstitutional by David Reutter by David M. Reutter As the mentally ill become more prevalent within the nation’s prison population, guards and prison administrators face a dilemma when confronted with such a prisoner who is not conforming to prison rules. While it said …
Article • September 15, 2009 • from PLN September, 2009
Audit Finds California Prison Receiver Broke State Law by Making No-Bid Contracts with Verizon by Michael Brodheim An investigation by the California Bureau of State Audits has revealed that Prison Health Care Services, the office overseeing prison health care reform in California, violated legal requirements and bypassed internal controls when …
Fifth Circuit Upholds $14 Million Award Against Louisiana DA’s Office in Wrongful Conviction Suit; Affirmed by En Banc Ruling by Matthew Clarke by Matt Clarke On December 19, 2008, the Fifth Circuit Court of Appeals upheld a federal jury award of $14 million in a case involving the wrongful conviction …
Article • September 15, 2009 • from PLN September, 2009
Third Circuit Upholds Pennsylvania DOC Policy Requiring Control Number for Legal Mail by David Reutter by David M. Reutter Finding that no legitimate penological interest existed to support a Pennsylvania Department of Corrections (PDOC) policy that requires a PDOC-issued control number on correspondence for it to qualify as legal mail, …
Article • September 15, 2009 • from PLN September, 2009
Third Circuit Upholds Ban on UCC Materials; Sixth Circuit Disagrees by Brandon Sample The Pennsylvania Department of Corrections (PDOC) may lawfully ban the receipt and possession of materials related to the Uniform Commercial Code (UCC), the Third Circuit Court of Appeals held on July 29, 2008. In a more recent …
Article • September 15, 2009 • from PLN September, 2009
Working in Legal Field Not Prohibited While on Federal Supervised Release by Federal probation officers cannot restrict persons on supervised release from working as legal assistants, the U.S. Court of Appeals for the Eleventh Circuit held on April 8, 2009. Yraida L. Guanipa, convicted of attempted possession with intent to …
Article • September 15, 2009 • from PLN September, 2009
Prisoners Not Evacuated, Parolees Rounded Up as Hurricanes Hit by Gary Hunter On September 8, 2008, Texas Governor Rick Perry issued a disaster declaration for 88 counties as Hurricane Ike bore down on the Texas coastline. The 900-mile wide storm, with winds in excess of 100 mph “...is now in …
Article • September 15, 2009 • from PLN September, 2009
Contraband Smuggling by Texas Prison Guards Rarely Punished Harshly by Matthew Clarke by Matt Clarke A review conducted by a Houston newspaper concluded that a large quantity and variety of contraband is still being smuggled into Texas prisons by state prison guards, and those caught smuggling rarely receive harsh punishment. …
Oklahoma Prisoner Beaten to Death After Celled with Co-Defendant He Testified Against by On March 11, 2009, at approximately 9:15 p.m., Paul David Duran, Jr., 23, a prisoner at the Oklahoma State Penitentiary (OSP) in McAlester, was found beaten to death fifteen minutes after being locked in a cell with …
Article • September 15, 2009 • from PLN September, 2009
Filed under: Sentencing, Parole
California Lifers’ New Litigation Tool: DA’s “Opinion” and Governor’s “Belief” Do Not Constitute “Evidence” in Parole Denial Cases by Marvin Mentor In the final chapter of the litigation saga of now-paroled PLN writer John Dannenberg, on April 22, 2009, the California Supreme Court declined review and approved publication of the …
Notice Required for Rejected Packages BOP Warden Denied Qualified Immunity by Brandon Sample The U.S. Court of Appeals for the Eighth Circuit has affirmed the denial of qualified immunity for a Bureau of Prisons (BOP) warden accused of denying a prisoner procedural due process in connection with the rejection of …
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