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Article • September 15, 2013 • from PLN September, 2013
How Privatization Destroyed an Illinois Jail's Award-winning Suicide Prevention Program by Brian Dolinar Several years ago, while working at our local Books to Prisoners, I met a volunteer who was formerly a mental health counselor in the local jail in Champaign County, Illinois. This was just after there had been …
Article • September 15, 2013
Filed under: Commentary/Reviews
The Wealthy 'Make Mistakes', the Poor Go to Jail by Chris Arnade I left my Wall Street trader job and began photographing drug addicts in NYC. These two worlds have entirely different rules. by Chris Arnade I knew him as "Mr one-glove". The origins of his nickname were cloudy, but …
Article • September 15, 2013 • from PLN September, 2013
Filed under: News, News in Brief
News in Brief by Arizona: “The debt one pays to society for having engaged in criminal activity does not include being subjected to sexual assault by prison staff,” said Acting U.S. Attorney Ann Birmingham Scheel. Two prisoners at FCI Phoenix were subjected to such sexual assaults, and on June 18, …
Prisoners Raped and Sexually Abused While PREA Standards Pending by As described in this issue’s cover story, in May 2012 the U.S. Department of Justice issued a final rule adopting national standards pursuant to the Prison Rape Elimination Act (PREA). The rule was published in the Federal Register and became …
Article • September 15, 2013 • from PLN September, 2013
U.S. Supreme Court Denies Stay of California Prisoner Release Order by In a 6-3 decision issued August 2, 2013, the U.S. Supreme Court denied California Governor Jerry Brown’s request for a stay of a three-judge court’s order requiring the state to comply with a December 31, 2013 deadline to reduce …
Article • September 15, 2013 • from PLN September, 2013
From the Editor by Paul Wright The month of August was fairly eventful from a criminal justice perspective. New York City’s “stop and frisk” policy, under which police officers stopped and searched hundreds of thousands of predominantly black and Hispanic men, was found to be unconstitutional. U.S. Attorney General Eric …
Article • September 15, 2013 • from PLN September, 2013
Employee Disciplinary Problems Persist at Houston Jails by Matthew Clarke by Matt Clarke Misconduct by employees in the Harris County jail system in Houston, Texas remains persistent and problematic. A Houston Chronicle review of employee disciplinary actions from 2008 through 2010 found there was an average of 67 disciplinary cases …
Article • September 15, 2013 • from PLN September, 2013
High-Tech, High-Risk Forensics by Osagie K. Obasogie by Prof. Osagie K. Obasogie When the police arrived last November at the ransacked mansion of the millionaire investor Raveesh Kumra, outside of San Jose, California, they found Mr. Kumra had been blindfolded, tied and gagged. The robbers took cash, rare coins and …
Article • September 15, 2013 • from PLN September, 2013
Filed under: Stun Guns/Tasers, Police
Missouri: Arrestees Billed for Cost of Police Tasers by Christopher Zoukis Police officers in St. Joseph, Missouri have successfully recouped payments from defendants for the cost of “tasing” them during an arrest. It costs $24.99 for a Taser cartridge and about $1.05 in battery use each time an officer tases …
Article • September 15, 2013 • from PLN September, 2013
The Americans with Disabilities Act and Prisoners by Thomas Weiss The language of Title II of the Americans with Disabilities Act (ADA) is succinct: “[N]o qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, …
Article • September 15, 2013 • from PLN September, 2013
Michigan County Sanctioned for Defrauding Federal Court in Prisoner Death Case by David Reutter by David M. Reutter On April 4, 2012, a Michigan federal district court imposed sanctions against Wayne County for committing fraud and misrepresentation upon the court and opposing counsel in a prisoner’s wrongful death suit. The …
Article • September 15, 2013 • from PLN September, 2013
Solitary Confinement for Death Row Prisoners a Blot on U.S. Justice System by Derek Gilna Although more and more states have abolished the death penalty in recent years, with six states doing away with capital punishment since 2007, the death penalty still has strong support in certain elements of society, …
Article • September 15, 2013 • from PLN September, 2013
Oklahoma’s DNA Law Means Post-Conviction Testing Available in All 50 States by Christopher Zoukis On May 24, 2013, Oklahoma Governor Mary Fallin signed into law a comprehensive post-conviction DNA review process for defendants in cases involving violent felonies or resulting in sentences of 25 years or more. Oklahoma thus became …
Article • September 15, 2013 • from PLN September, 2013
Habeas Hints: Actual Innocence by Kent A. Russell by Kent Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on the Antiterrorism and Effective Death Penalty Act (AEDPA), the federal …
Article • September 15, 2013 • from PLN September, 2013
Second Circuit Establishes Property Seizure Standards for Civilly Committed Persons by As a matter of first impression, the Second Circuit Court of Appeals has undertaken a Fourth Amendment balancing analysis with regard to the right of a civilly committed person to be free from unreasonable seizures under the Fourth Amendment. …
Article • September 15, 2013 • from PLN September, 2013
500 Escape from Abu Ghraib and Taji Prisons in Iraq by Christopher Zoukis On July 21, 2013, military-style assaults at Iraq’s notorious Abu Ghraib prison and another prison in Taji resulted in the escape of more than 500 prisoners, including an unknown number of al-Qaida members. Many of the prisoners …
Article • September 15, 2013 • from PLN September, 2013
Filed under: Telephones, Telephone Rates
After Ten Years, FCC Votes for Prison Phone Reforms! by David Ganim On August 9, 2013, Federal Communications Commission (FCC) Chairwoman Mignon Clyburn presided over a historic vote by the Commission to reform the prison phone industry, and while doing so publicly acknowledged family members and prisoners’ rights organizations that …
Illinois DOC’s Failure to Accommodate Disabled Prisoners States Rehabilitation Act Claim by In separate decisions, the Seventh Circuit Court of Appeals reversed the dismissal of two lawsuits filed by disabled state prisoners, finding that the Illinois Department of Corrections (IDOC) may have violated their rights under the Rehabilitation Act (RA), …
Article • September 15, 2013 • from PLN September, 2013
Wrongful Immigration Detention Suit Reinstated by Second Circuit, Dismissed on Remand by Derek Gilna Viterbo Liranzo, born in the Dominican Republic, was a U.S. citizen through section 321 of the Immigration and Naturalization Act, which conferred derivative citizenship on children of U.S. citizens. He was required to apply for a …
Article • September 15, 2013 • from PLN September, 2013
PLN Resolves Censorship Suit Against Oregon County Jail for $51,000 Plus Fees and Costs by Alex Friedmann In August 2012, Prison Legal News accepted an offer of judgment made by officials in Umatilla County, Oregon to resolve a First Amendment censorship suit filed against the county, the sheriff’s office and …
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