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Qualified Immunity Denied to Nurses who Ignored Prisoner's Symptoms of Active TB; $2.28 Million in Damages, Fees and Costs on Remand by The Eighth Circuit Court of Appeals held on July 12, 2012 that a former prisoner had presented sufficient evidence against three nurses to overcome qualified immunity in a …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Sentencing, Parole
New Tennessee Parole Board Members have Apparent Bias Against Granting Parole by Alex Friedmann Tennessee Board of Parole Chairman Charles Traughber, who had served almost four decades on the Board and had a reputation for ruling it with an iron hand, retired in June 2013. To fill Traughber's vacant position, …
Article • August 15, 2013 • from PLN August, 2013
Filed under: News
HRDC Receives First Amendment Award by On July 25, 2013, the Society of Professional Journalists (SPJ), a national organization dedicated to encouraging the free practice of journalism, upholding high standards of ethics in that field and protecting First Amendment guarantees of freedom of speech and the press, announced the Human …
No Justice: Sex Offenses, No Matter How Minor or Understandable, Can Ruin You for Life by Charlotte Silver Why do we treat the most predatory and dangerous criminals the same as those who are not? by Charlotte Silver The collection of laws and restrictions that regulate people categorized as "sex …
Article • August 15, 2013 • from PLN August, 2013
Filed under: News
California Jail Installs New Microgrid to Cut Energy Costs by Derek Gilna California Jail Installs New Microgrid to Cut Energy Costs by Derek Gilna The Santa Rita Jail in Alameda County, California has installed an $11.7 million "microgrid" system to help power the 4,000-bed facility, which is the fifth-largest jail …
Article • August 15, 2013 • from PLN August, 2013
Genetic and DNA Evidence: The Emperor Has No Clothes by Ernest P. Chiodo by Ernest P. Chiodo, M.D., J.D., M.P.H., M.S., M.B.A., C.I.H. Genetic evidence in the form of DNA profiles has proven to be a powerful tool in the advance of justice by proving the innocence of accused persons. …
Article • August 15, 2013 • from PLN August, 2013
Third Circuit: Requiring Admission of Guilt to Participate in Mandatory-for-Parole SOTP Not a Fifth Amendment Violation by Matthew Clarke by Matt Clarke The Third Circuit Court of Appeals has held that requiring an admission of guilt to participate in an in-prison sex offender treatment program (SOTP) did not violate the …
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, …
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