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Oklahoma Prison Employees Disciplined by Matthew Clarke by Matt Clarke An investigation by the Tulsa World newspaper revealed that more than 130 disciplinary actions were taken against Oklahoma Department of Corrections (DOC) employees at men's prisons from 2009 through mid-2011. Most of the disciplined employees received a few days suspension …
Article • July 15, 2013 • from PLN July, 2013
Valley Fever Declared a Public Health Emergency at Two California Prisons; Court Orders Prisoner Transfers by John Dannenberg by John E. Dannenberg On April 25, 2013, Dr. John Galgiani, an expert hired by attorneys representing prisoners in the long-running Plata v. Brown class-action lawsuit over medical care in the California …
Congress Amends PLRA Physical Injury Requirement for Sexual Abuse Cases by John Boston The federal Violence Against Women Act (VAWA) was renewed and broadened in February 2013, after much controversy involving Republican opposition to provisions extending certain of the statute's protections to LGBT persons, Native Americans living on reservations and …
Article • July 15, 2013 • from PLN July, 2013
Tennessee Judge Convicted Following Drug and Sex Scandal by During courtroom recesses, a Tennessee judge had sex with and bought drugs from his mistress, who was a felon on probation, according to a report by the Tennessee Bureau of Investigation. Judge Richard Baumgartner, 66, who became a Criminal Court Judge …
Article • July 15, 2013 • from PLN July, 2013
$737,500 Settlement after Seventh Circuit Finds No Qualified Immunity for Prisoner's Suicide by The Seventh Circuit Court of Appeals has upheld a district court's partial denial of qualified immunity in a case involving the suicide of a Wisconsin prisoner. "Jessie Miller led a tragically short and troubled life. Exposed to …
Article • July 15, 2013 • from PLN July, 2013
Filed under: Organizing, Telephone Rates
Prisoners Respond to Call for Prison Phone Justice; SCI-Huntingdon Delivers! by Mel Motel In June 2012 we posted the first advertisement for the Campaign for Prison Phone Justice in Prison Legal News. We asked you, our readers, to send letters to the Federal Communications Commission (FCC) describing how you and …
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). …
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