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Article • August 15, 2013 • from PLN August, 2013
Filed under: Private Prisons
Montana Town Gives up on Failed Jail Venture by Two Rivers Authority in Hardin, Montana has decided to throw in the towel on a 464-bed jail the city built with hopes of renting out its cells. Rather than spur economic development, the facility has been an economic disaster. The 92,273-square-foot …
Seventh Circuit Remands Illinois Prisoner's Hernia Case for New Trial by The Seventh Circuit Court of Appeals held on August 10, 2012 that a district court's jury instructions concerning deliberate indifference in a prisoner's lawsuit were misleading and prejudicial, and therefore required a new trial. In November 2004, Illinois River …
Article • August 15, 2013 • from PLN August, 2013
"Mere Possession" of a Prison Shank Constitutes a "Crime of Violence" by Derek Gilna "Mere Possession" of a Prison Shank Constitutes a "Crime of Violence" by Derek Gilna In 2010, federal prisoner Jermaine Mobley was sentenced to 37 months by the U.S. District Court for the Eastern District of North …
Article • August 15, 2013 • from PLN August, 2013
Seventh Circuit Remands Case Concerning Treatment of Prisoner's Hemorrhoids by On July 23, 2012, after expediting a prisoner's appeal, the Seventh Circuit Court of Appeals ordered the district court to likewise act promptly following remand. The appellate court said such action was necessary because the plaintiff was experiencing "excruciating pain" …
Suicides at CCA-run ICE Detention Center Spark Investigation by Derek Gilna Human rights organizations monitoring complaints regarding conditions of confinement for prisoners held in Immigration and Customs Enforcement (ICE) facilities were likely not surprised when they received news that two detainees had committed suicide at the Eloy Detention Center outside …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Sentencing, Parole
Longest-Serving Texas Prisoner Makes Parole; Other Long-term Prisoners Not so "Lucky" by Longest-Serving Texas Prisoner Makes Parole; Other Long-term Prisoners Not so "Lucky" Harvey Stewart, 83, first entered the Texas prison system in 1951 to serve a 10-year stint for robbing a junk yard. Paroled six years later, he returned …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Escapes, Sentencing
Louisiana Supreme Court Reverses Sentence for Escape, but Sentence Affirmed on Remand by The Louisiana Supreme Court reversed an appellate court that found excessive a sentence which was twice as long as the original sentence imposed prior to a successful appeal, but remanded the case for consideration of whether the …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Media
Blowup at KPFT Radio's "Prison Show" in Texas by Blowup at KPFT Radio's "Prison Show" in Texas David Babb, the host of Houston Pacifica Foundation radio station KPFT's well-known "Prison Show," resigned in protest of the station management's decision to prohibit him from having former radio talk show host Jon …
Article • August 15, 2013 • from PLN August, 2013
DC Circuit: Qualified Immunity for Retroactive U.S. Parole Commission Regulations by The Court of Appeals for the District of Columbia (DC) Circuit has affirmed a district court's grant of qualified immunity to U.S. Parole Commission officials related to the retroactive application of parole regulations. In 1993, Melvin Taylor was convicted …
Article • August 15, 2013 • from PLN August, 2013
Seventh Circuit: Health Hazard without Physical Injury Can State a Claim by On September 27, 2012, the Seventh Circuit Court of Appeals upheld the dismissal of a prisoner's lawsuit, but noted that seemingly de minimis harm from a vermin infestation may state a cognizable claim. Illinois prisoner Calvin Thomas filed …
Article • August 15, 2013 • from PLN August, 2013
Mexican Prison Guards Implicated in Deadly Riot by Investigators in Monterrey, Mexico believe that prison guards assisted members of a drug cartel in staging a riot – which killed 44 prisoners – as part of an escape plan. The riot occurred early in the morning on February 19, 2012 at …
Article • August 15, 2013 • from PLN August, 2013
Seventh Circuit Asks Illinois Supreme Court to Interpret "Frivolous" Litigation Statute by Seventh Circuit Asks Illinois Supreme Court to Interpret "Frivolous" Litigation Statute In an August 29, 2012 decision, the Seventh Circuit Court of Appeals asked the Illinois Supreme Court to interpret a state law that authorizes the revocation of …
Article • August 15, 2013 • from PLN August, 2013
Jail Detainee Dies after Altercation with Deputies at Arizona Jail by A man who was assaulted by deputies after being booked into the Maricopa County Jail in Phoenix, Arizona died after being taken off life support. Ernest "Marty" Atencio, 44, was a divorced Army veteran with three sons aged 15, …
New York Federal Court Finds Victim's Hearsay Accusation Insufficient in Prison Disciplinary Case; Suit Settles for $67,000 by Matthew Clarke by Matt Clarke A New York federal District Court has held that prison officials were liable for convicting a prisoner in a disciplinary proceeding based solely on a victim's uncorroborated …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Visiting
Utah DOC Ends "English Only" Visitation Requirement by Christopher Zoukis Utah DOC Ends "English Only" Visitation Requirement by Christopher Zoukis As of August 1, 2013, Utah state prisoners are able to talk to their visitors in languages other than English, reversing a longstanding policy. The change puts an end to …
Article • August 15, 2013
Connecticut Prohibits Disclosure to Prisoners of Investigation Reports Against Guards by Connecticut legislature has enacted an exemption to the state’s Freedom of Information Act that prevents disclosure of certain records sought by “any individual committed to the custody or supervision of the Commissioner of Correction or confined in a facility …
Article • August 15, 2013
Comingling of Meanest and Greenest Prisoners Ordered to Cease in Maryland Prisons by A Maryland federal district court ordered prison officials at the Maryland State Penitentiary and the Maryland Reception, Diagnostic and Classification Center (MRDCC) to devise an efficient classification system to identify prisoners at risk of rape, and to …
8th Circuit Allows Reckless Investigation Suit to Proceed After DNA Evidence Leads to Pardons for Four Convicted Murderers by In October 2012, the Eighth Circuit Court of Appeals held that four individuals (two men and two women), who had pleaded guilty or no contest to a Gage County, Nebraska rape/murder …
8th Circuit: Qualified Immunity Denied to Nebraska Investigative Team Which Manufactured False Evidence to Secure Murder Conviction of Innocent Party by In October 2012, the Eighth Circuit Court of Appeals affirmed the denial of qualified immunity to a team of investigators accused of conspiring to manufacture false evidence and procuring …
Article • August 15, 2013
9th Circuit Remands Case to District Court to Explain Its Order Reducing Prevailing Party’s Fee Request by In February, 2013, the Ninth Circuit vacated a district court’s award of costs and attorney’s fees to a prevailing § 1983 litigant because the district court failed to explain how it arrived at …
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