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Article • August 15, 2009 • from PLN August, 2009
Motions to Oust California Prison System’s Federal Healthcare Receiver Denied by John Dannenberg by John E. Dannenberg On March 24, 2009, motions by the California Department of Corrections and Rehabilitation (CDCR) to terminate the Receivership now operating the state’s prison healthcare system under a longstanding federal lawsuit were denied by …
Article • August 15, 2009 • from PLN August, 2009
Filed under: Crime, News, State Legislation
Oregon’s Criminal Justice Economic Recovery Plan: Keep Digging! by Mark Wilson Like every other state, Oregon has been hit hard by the worst economic crisis in recent American history. Yet standing in an ever-deepening fiscal crater, prosecutors and victims’ rights groups keep handing out shovels and Oregonians stubbornly refuse to …
Indiana Lifelong Violent Offender Registration Preliminary Injunction Upheld in Part by On December 29, 2008, an Indiana Court of Appeals upheld a superior court’s preliminary injunction against lifelong registration for violent offenders. A July 1, 2007 Indiana statute added people who had been convicted of certain violent crimes to the …
$1,423,127 in Attorney Fees Awarded in Taser Suit; Damages Reduced by A California federal district court has awarded $1,423,127 in attorney fees in the first lawsuit to result in a verdict against TASER International for failing to warn purchasers its electronic control devices pose a risk of acidosis, to a …
Article • August 15, 2009 • from PLN August, 2009
Report Concludes Hispanics Receiving a Greater Share of Federal Sentences by David Reutter by David M. Reutter Hispanics are comprising a higher percentage of federal sentences, concludes a February 2009 report issued by the Pew Hispanic Center. The rise is attributed to a heightened focus on immigration enforcement. The findings …
Article • August 15, 2009 • from PLN August, 2009
Report Recommends Lawmakers Reinstate College Programs in Prison by David Reutter by David M. Reutter Citing the benefits of college prison programs, a report by the Correctional Association of New York recommended several policy changes to increase and recognize participation in degree-awarding programs. The report says the principal benefits of …
Article • August 15, 2009 • from PLN August, 2009
Improper Classification that Resulted in Seattle Jail Beating Settles for $37,500 by Washington State’s King County Jail settled a claim that a prisoner was beaten severely by another prisoner due to improper classification for $37,500. While at the Jail on August 2, 2003, Ian Kennedy Lennox was beaten by Carlos …
Article • August 15, 2009 • from PLN August, 2009
Study Shows Few Texas Prisoners Transition Well to Community HIV Treatment by by Matt Clarke On February 25, 2009, the Journal of the American Medical Association (JAMA) published an article which reported what percentage of Texas prisoners who were receiving Anti-Retroviral Therapy (ART) for HIV while in prison accessed ART …
Article • August 15, 2009 • from PLN August, 2009
Highest Criminal Appeals Judge in Texas Faces Removal Hearing by by Matt Clarke On February 19, 2009, the Texas Commission on Judicial Conduct charged Sharon “Killer” Keller, Chief Justice of the Texas Court of Criminal Appeals, the highest court in Texas over criminal matters, with five disciplinary charges – including …
Article • August 15, 2009 • from PLN August, 2009
Audit Report Finds Michigan Prisoner Transportation System Wasteful by David Reutter by David M. Reutter Michigan’s Auditor General has issued a report that criticizes the Michigan Department of Corrections (MDOC) prison transport system as inefficient and wasteful of taxpayer money. The report notes that MDOC has failed to implement recommendations …
Seventh Circuit Reverses Dismissal of Suit Alleging Excessive Force, Retaliation and Inadequate Medical Care; Settles for $15,000 by The U.S. Court of Appeals for the Seventh Circuit reversed the dismissal of a lawsuit against Cook County Jail (CCJ) officials in Chicago, Illinois that alleged excessive force, retaliation and inadequate medical …
Article • August 15, 2009 • from PLN August, 2009
Seventh Circuit Vacates Dismissal for Failure to Prosecute; $50,000 + Fees Awarded Following Remand by The Seventh Circuit Court of Appeals has reversed a district court’s dismissal of a prisoner’s suit for failure to prosecute. The appellate court found the severe sanction of dismissal was not justified. Illinois prisoner Amilcar …
Article • August 15, 2009 • from PLN August, 2009
Illinois Court of Appeals: Prisoner Has Standing to Sue Ameritech for Fraud by On July 1, 2008, an Illinois Court of Appeals held that a prisoner had standing to bring a claim against Ameritech for consumer fraud. Johnnie Flournoy, an Illinois state prisoner at the Joliet Correctional Center, filed suit …
Article • August 15, 2009 • from PLN August, 2009
AZ Sheriff Joe Arpaio Loses Three Public Records Cases by by Matt Clarke The Maricopa County Sheriff’s Office (MCSO) and Sheriff Joe Arpaio have lost three public records cases in the Arizona Court of Appeals, including one where they were ordered to pay over $25,000 in attorney fees. The first …
Article • August 15, 2009 • from PLN August, 2009
Colorado Florists Decry Prison Retail Flower Business by David Reutter by David M. Reutter Florists in Colorado are crying out against a prison program that is competing against them, undercutting their prices due to the help of prisoner slave labor. What started as a prison program to keep prisoners busy …
Article • August 15, 2009 • from PLN August, 2009
Filed under: International, Immigration
OK Prisoners Released from Custody Despite Deportation Detainers by The Oklahoma Court of Criminal Appeals ordered two illegal aliens released from custody even though detainers for deportation had been filed with the county where they were being held, because the trial judge didn’t have authority to order them detained and …
Missouri Public Defenders Not Immune from Client Suits by In a case of first impression, the Missouri Court of Appeals held that state public defenders are not entitled to official immunity for acts committed during their representation of indigent criminal defendants. Missouri public defender Arthur Allen represented Bernardo Costa, an …
Allowing Others to Attack Prisoner, Making Credible Death Threats, Labeling Prisoner a Snitch Violate Eighth Amendment by The U.S. Court of Appeals for the Eighth Circuit affirmed in part a district court’s denial of qualified immunity to four guards accused of violating a prisoner’s Eighth Amendment rights. William Irving, a …
Article • August 15, 2009 • from PLN August, 2009
Nebraska: Tape-Recorded, Restricted-Calling Prison Telephone System Passes Constitutional Muster by John Dannenberg by John E. Dannenberg The Nebraska Court of Appeals has upheld administrative regulation 205.3 (AR 205.3) of the Department of Correctional Services (DCS), which restricts prisoner phone calls to land-line, nonconference-call recipients and authorizes tape-recording of all non-attorney …
Absent Claim for Emotional Damages, Prisoner’s Psychotherapist-Patient Privilege Remains Intact by The Second Circuit U.S. Court of Appeals has entered a detailed opinion on the issue of psychotherapist-patient privilege when a district court is confronted with a request by prison officials to obtain a prisoner’s psychiatric records in discovery in …
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