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Article • July 15, 2013 • from PLN July, 2013
Ninth Circuit: Enemy Combatant Detention/Torture Not Clearly Established by Last year, the Ninth Circuit Court of Appeals held that recent U.S. Supreme Court precedent compelled it to conclude that federal officials were entitled to qualified immunity for the treatment of enemy combatants detained after the September 11, 2001 terrorist attacks, …
Article • July 15, 2013 • from PLN July, 2013
Filed under: News, News in Brief
News in Brief by Arizona: Approximately 400 prisoners were involved in a March 3, 2013 fight that resulted in a lockdown at the Arizona State Prison Complex-Tucson. Guards quickly responded to stop the mass brawl in the Whetstone Unit, according to Arizona DOC spokesman Bill Lamoreaux. Two staff members suffered …
Article • July 15, 2013 • from PLN July, 2013
From the Editor by Paul Wright The June and July issues of PLN are being mailed later than usual due to our move from Vermont to Florida; however, we expect to be back on schedule with the August issue. We apologize to our readers for any inconvenience, but this is …
Article • July 15, 2013 • from PLN July, 2013
Louisiana Supreme Court Rejects Ex Post Facto Challenge in Sex Offender Supervision Case by Derek Gilna The Louisiana Supreme Court has reversed the judgment of a state appellate court and reinstated the "lifelong supervision" of Rudy Trosclair, who had contested that condition on ex post facto grounds. At the time …
Article • July 15, 2013 • from PLN July, 2013
Italian Prison Program Trains Female Prisoners in Fashion Industry by Derek Gilna Leave it to the Italians to extend their love of fashion to a women's prison. At the Rebibbia facility in Rome, the well-known fashion house of Fendi is supporting a voluntary training program where women prisoners manufacture handbags. …
Article • July 15, 2013 • from PLN July, 2013
Pennsylvania DOC's Hepatitis C Protocol Challenged in Class-action Lawsuit by Greg Dober by Gregory Dober There is an old game known as Thimblerig. Most people know it as the shell game. It's when a con man places a small round ball, about the size of a pea, under three shells …
Article • July 15, 2013 • from PLN July, 2013
Sixth Circuit Reverses Dismissal of Suit Due to Non-Exhaustion and Statute of Limitations by The Sixth Circuit Court of Appeals reversed a lower court's summary judgment order that erroneously dismissed a Michigan prisoner's lawsuit for non-exhaustion and because it was time-barred. On November 30, 2005, Michigan state prisoner Samuel Surles …
Article • July 15, 2013 • from PLN July, 2013
Sixth Circuit: Failed Cancer Diagnosis Not Deliberately Indifferent by The Sixth Circuit Court of Appeals has reversed a lower court's denial of qualified immunity to a Michigan prison doctor and nurse accused of failing to diagnose a prisoner's bone cancer. On February 13, 2007, Mound Correctional Facility prisoner Joshua Reilly …
Sixth Circuit Orders Judgment Against Three Defendants in Prisoner's Retaliation Case by The Sixth Circuit Court of Appeals vacated judgments in favor of three prison officials in a prisoner's lawsuit alleging a retaliatory transfer, and ordered that judgment be entered against them. The district court then awarded damages on remand. …
Article • July 15, 2013 • from PLN July, 2013
Illinois: Conditions Lawsuit Filed by Civilly Confined Sex Offenders Dismissed by Derek Gilna Civilly committed sex offenders confined pursuant to Illinois' Sexually Violent Persons Commitment Act, 725 ILCS 207/1-99, filed suit in federal court in 2007 under 42 U.S.C. § 1983, challenging the conditions of their confinement at the Rushville …
Article • July 15, 2013 • from PLN July, 2013
Tenth Circuit: No Section 2241 Jurisdiction for BOP Supermax Challenge; Claims Must be Brought as Bivens Action by The Tenth Circuit Court of Appeals held on May 1, 2012 that a federal prisoner's transfer to supermax custody must be brought as a Bivens action rather than as a federal habeas …
Article • July 15, 2013 • from PLN July, 2013
Arkansas: Sentencing Court Cannot Order Prison Treatment by The Arkansas Supreme Court has held that a sentencing court lacks authority to order a defendant to complete sex offender treatment in prison. In 2011, Chad Lee White was convicted of rape and second-degree battery for anally penetrating a neighbor's two-year-old son …
Article • July 15, 2013 • from PLN July, 2013
California: Eastern District Jury Pool Alleged to be Biased Against Prisoners by Defense attorneys representing two prisoners accused of murdering a federal prison guard have argued that the jury pool in the region – the Central Valley of California – is biased against prisoners due to the numerous correctional facilities …
CCA Loses Four Private Prison Contracts in One Month by On June 18, 2013 the Idaho Board of Correction voted not to renew the state's $29.9 million contract with Corrections Corporation of America (CCA) – the nation's largest for-profit prison company – to operate the 2,104-bed Idaho Correctional Center (ICC). …
PLN Files Public Records Suit Against CCA in Vermont by On June 7, 2013, Prison Legal News, represented by the ACLU of Vermont, filed a lawsuit in state court after submitting a public records request seeking information about legal settlements involving Corrections Corporation of America (CCA) – the nation's largest …
Article • July 15, 2013 • from PLN July, 2013
Re-incarceration Not Grounds to Dismiss Wisconsin Civil Commitment Petition by On June 29, 2012, the Wisconsin Supreme Court held that Wisconsin Statutes chapter 980 (2005-06), the state's sex offender civil commitment law, does not require that a pending commitment petition be dismissed when the person subject to civil commitment is …
Collateral Consequences Weighed for Corporations, Not for Individuals by Russell Mokhiber In case you had any doubt that federal prosecutors favor corporations over individuals, check out Mythili Raman's testimony before a House hearing on May 22, 2013. Raman is the acting chief of the Criminal Division at the Department of …
Article • July 15, 2013 • from PLN July, 2013
Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 by Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 The Sixth Circuit Court of Appeals has held that a pretrial detainee did not suffer a violation of his Sixth Amendment right to …
Article • July 15, 2013 • from PLN July, 2013
Filed under: Visiting
Some Jails Turning to Video Visitation Only by Matthew Clarke by Matt Clarke The Weber County Jail in Ogden, Utah has joined a growing trend – moving to video visits for prisoners – and has also started charging prisoners' families for "extra" visitation time. In 2009 the jail replaced in-person, …
Article • July 15, 2013 • from PLN July, 2013
Washington Sex Offender's Conviction for Failure to Report Reversed by The en banc Washington State Supreme Court has reversed a defendant's conviction for failure to report as a sex offender, finding that the reporting statute was ambiguous and the evidence presented was insufficient to support the conviction. Prior to 2010, …
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