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Article • July 15, 2009 • from PLN July, 2009
Ohio Limits Electronic Monitoring to Only Those Who Can Pay by If you’re convicted in Ohio and can afford to pay, you may be able to obtain release on electronic monitoring. If not, you can serve your time in the Corrections Center of Northwest Ohio (CCNO). That is the new …
Article • July 15, 2009 • from PLN July, 2009
Miami’s Sex Offender Bridge Encampment Continues to Grow by David Reutter by David M. Reutter Population: 52. That’s how many sex offenders have been forced to live under the Julia Tuttle Causeway in Miami, Florida as of March 2009. In late 2007, the population was only 19. [See: PLN, June …
BOP Failed to Protect Female Prisoner Informant from Rape, Sexual Abuse by Guards by Brandon Sample The federal Bureau of Prisons (BOP) was “woefully deficient” in failing to protect a female prisoner from sexual abuse by BOP guards, U.S. District Court Judge Cecilia M. Altonaga concluded in November 2008, following …
No Qualified Immunity for Pepper Spraying Alabama Prisoner; Case Settles After Remand by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals held that pepper spraying a prisoner, keeping him in a small cell for longer than necessary to gain his compliance, and not allowing him to …
Article • July 15, 2009 • from PLN July, 2009
Filed under: News, News in Brief
News in Brief: by Alabama: In April 2009, two unnamed Walker County jail guards were suspended with pay pending an investigation into a female prisoner’s claim that she was raped by a male prisoner who had been temporarily transferred from state prison to the jail to attend a funeral. Sheriff …
$1,800,000 Settlement in Michigan Jail Prisoner Suicide Case by On January 1, 2008, the defendants in a Michigan federal civil rights action involving the suicide of a jail prisoner settled the case for $1,800,000, the largest jail suicide settlement in Michigan history. Tatisha Grant, 23, was arrested by River Rouge, …
Article • July 15, 2009
California Court of Appeal Holds 2006 Amendments Sexually Violent Predator Statute Not Retroactive by .The California Court of Appeal held that the 2006 amendment to the Sexually Violent Predator Act (SVPA) and Proposition 83 that same year may not be applied retroactively. George Whaley was originally civilly committed under the …
Article • July 15, 2009
California Governor Entitled to Absolute Immunity for Erroneous Review for Prisoner’s Parole Eligibility by Former California Governor Gray Davis is entitled to absolute quasi-judicial immunity for his actions related to the erroneous review of a parole board’s grant of parole, the Ninth Circuit held on April 2, 2008. Donald Miller …
Article • July 15, 2009
Class Claims for Injunctive Relief in HPC Suit Dismissed as Moot by U.S. District Judge Noel L. Hillman has dismissed as moot class claims brought by a group of New Jersey prisoners alleged to have been unreasonably exposed to Hepatitis C (HPC). Walter Bennett on behalf of all others similarly …
Clemency Petition Not Subject to FOIA by On December 1, 2008, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s order denying a Freedom of Information Act (FOIA) request for copies of a commutation petition filed by John Walker Lindh, the so-called “American Taliban.” In January …
Connecticut Settles Overcrowding Suit by The State of Connecticut in the early 1980s agreed to settle a suit over the overcrowding at the Somers Correctional Facility. Joseph Letezeio individually and on behalf of all those similarly situated at Somers sued the State of Connecticut alleging that the overcrowding and other …
Consent Decree Improving Conditions on Louisiana Death Row Terminated by A landmark 1990s consent decree improving conditions on death row has been terminated under the Prison Litigation Reform Act (PLRA). In 1991, the warden at the Louisiana State Penitentiary (LSP) settled a lawsuit brought on behalf of current and future …
Consent Judgment Entered in Connecticut Prison Conditions Case by On October 17, 1989, a consent judgment was entered resolving various claims regarding the constitutionality of living conditions at the Connecticut Correctional Institution at Somers. The settlement requires the defendants to (1) eliminate housing in a barbershop and card room; (2) …
Article • July 15, 2009 • from PLN July, 2009
$3,200 Awarded to Indiana Jail Prisoner for Negligent Medical Care by On December 2, 2008, a federal jury awarded Richard Petrig, a former prisoner, $3,200 for negligent medical care. Petrig was attacked by his cellmate while incarcerated at the Posey County Jail in Indiana. After the attack, Petrig told jail …
Article • July 15, 2009 • from PLN July, 2009
New York Prisoner Awarded $5,000 for Assault by Cellmate by A New York Claims Court awarded a prisoner $5,000 for being assaulted by his cellmate. The Court found that prison officials knew or should have known that a threat existed and they failed to act to prevent it. While incarcerated …
Article • July 15, 2009 • from PLN July, 2009
Postal Service Panics Over Sex Offender Participant in Christmas Program by Matthew Clarke by Matt Clarke On December 18, 2008, just a week before Christmas, the U.S. Postal Service abruptly suspended its decades-old Operation Santa Claus, a holiday program in which volunteers sift through children’s letters addressed to Santa, “adopt” …
Article • July 15, 2009 • from PLN July, 2009
PLN Files Suit Against Los Angeles County for Failure to Comply with Public Records Act by As part of ongoing research, PLN submitted a public records request to the Los Angeles County Sheriff’s Department on January 29, 2008, seeking records related to settlements and verdicts resulting from tort, overdetention and …
Article • July 15, 2009 • from PLN July, 2009
Survivor Manual, compiled and edited by Bonnie Kerness, illustrated by Todd Tarselli and other talented artists, 90 pgs. by Sundiata Acoli Book review by Sundiata Acoli This is a Survivor Manual by survivors—so it can’t get much more real than that. Most of its contributors have spent many years in …
Causal Link Established by Prison Officials’ Failure to Protect Prisoner from Specific Threats by The Eleventh Circuit Court of Appeals held that two Florida prison officials could be held liable under 42 U.S.C. § 1983 for failure to act upon a prisoner’s request for protection when he specified the nature …
Article • July 15, 2009 • from PLN July, 2009
$3.3 Million Settlement Fund Established in New Mexico Jail Strip Search Settlement by A $3.3 million settlement fund has been established in a class action lawsuit alleging an unconstitutional blanket strip search at the Valencia County Detention Center (VCDC) in New Mexico violated the rights of the class. VCDC was …
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