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California DA Says Incarceration Rate a Measure of His Success – Despite Wrongful Convictions, Prosecutorial Misconduct by Gary Hunter California DA Says Incarceration Rate a Measure of His Success – Despite Wrongful Convictions, Prosecutorial Misconduct by Gary Hunter Ed Jagels, District Attorney for Kern County, California, is concerned that his …
Article • June 15, 2009 • from PLN June, 2009
Sheriff “Hollywood Hewett” Sentenced to 16 Months by Mark Wilson Sheriff “Hollywood Hewett” Sentenced to 16 Months by Mark Wilson Like a moth to a flame, North Carolina Sheriff Ronald Hewett had a fatal attraction to television cameras and the bright spotlight. In the end, “Hollywood Hewett’s” mistress betrayed him, …
Article • June 15, 2009 • from PLN June, 2009
Missouri Court Reverses $244,636 Incarceration Cost Award Against Prisoner by Mark Wilson Missouri Court Reverses $244,636 Incarceration Cost Award Against Prisoner by Mark Wilson The Missouri Court of Appeals has concluded that a factual dispute as to whether the state had “good cause” to seek reimbursement of incarceration costs barred …
New York Jury Awards $1,400,006 to Former Prisoner for Beating by Guards; Punitive Damages Later Reduced by David Reutter New York Jury Awards $1,400,006 to Former Prisoner for Beating by Guards; Punitive Damages Later Reduced by David M. Reutter A New York federal jury awarded $1,400,006 to a former prisoner …
Article • June 15, 2009 • from PLN June, 2009
$4.75 Million Settlement in Virginia Jail Construction Accident Case by $4.75 Million Settlement in Virginia Jail Construction Accident Case On June 26, 2008, Electric Power Systems, Inc. (EPS) entered into a $4.75 million settlement in a lawsuit brought by electrician Larry Shifflett, 53, who was seriously injured during construction of …
First Circuit Awards Defendant Costs Under FRCP 68; Plaintiff Rejected $10,000 Offer, Was Awarded $5,500 by Mark Wilson First Circuit Awards Defendant Costs Under FRCP 68; Plaintiff Rejected ?$10,000 Offer, Was Awarded $5,500 by Mark Wilson The First Circuit Court of Appeals has awarded a defendant costs under Federal Rule …
BOP Settles Suit Over Telephone Access, Electronic FOIA Claims by The Bureau of Prisons (BOP) has agreed to settle another lawsuit brought by PLN contributing writer, Brandon Sample.The settlement resolves several disputes between Sample and the BOP. Sample had complained, for instance, that the call prompt announced over the prisoner …
Article • June 15, 2009 • from PLN June, 2009
Racial Impact Statements: An Effort to Eliminate Legal Racism by Gary Hunter Racial Impact Statements: An Effort to Eliminate Legal Racism by Gary Hunter Barack Obama’s election to the White House has many citizens convinced our country is closing its racial divide. Perhaps we are. But the disproportionate number of …
Article • June 15, 2009 • from PLN June, 2009
Florida Judge Publicly Reprimanded for Trying to Ease Jail Overcrowding by On May 6, 2009, the Florida Supreme Court publicly reprimanded a St. Lucie County judge who had tried to do something about overcrowding at the county’s jail. Earlier this year, following a two-day hearing, the Judicial Qualifications Commission (JQC) …
$875,001 Verdict in Beating of Massachusetts Prisoner by David Reutter by David M. Reutter Finding that a guard at Massachusetts’ Suffolk County House of Correction (SCHC) had violated a prisoner’s Eighth Amendment rights and committed assault and battery, a federal jury awarded the prisoner $875,001 in damages. The 121-page complaint …
New Trial and JNOV Denial Upheld in $15,545,000 Michigan Prisoner Sexual Harassment Case by Matthew Clarke New Trial and JNOV Denial Upheld in $15,545,000 Michigan Prisoner Sexual Harassment Case by Matt Clarke On January 27, 2009, the Michigan Court of Appeals upheld a trial court’s denial of a motion for …
Article • June 15, 2009 • from PLN June, 2009
$155,000 Settlement in Sexual Assault of Washington Jail Prisoner by $155,000 Settlement in Sexual Assault of Washington Jail Prisoner Washington State’s King County Jail has paid $155,000 to settle a lawsuit brought by a female prisoner who was sexually assaulted by two guards. While imprisoned at the Jail between August …
Florida U.S. District Court Rescinds Policy Restricting Access to Plea Agreements by David Reutter Florida U.S. District Court Rescinds Policy Restricting Access to Plea Agreements by David M. Reutter The Chief Judge for the U.S. District Court for the Southern District of Florida has entered an order that rescinds a …
Article • June 15, 2009 • from PLN June, 2009
Alameda County, CA Settles Juvenile Detainee Strip Search Suit for $4.3 Million by John Dannenberg Alameda County, CA Settles Juvenile Detainee Strip Search Suit for $4.3 Million by John E. Dannenberg In July 2008, Alameda County, California settled a class-action civil rights suit brought by former juvenile detainees of the …
Article • June 15, 2009 • from PLN June, 2009
Filed under: Commentary/Reviews, Reviews
Protecting Your Health & Safety by Brandon Sample Book review by Brandon Sample The murky waters of prisoner self-representation just got a little easier to navigate with the arrival of the second edition of Protecting Your Health & Safety, A Litigation Guide For Inmates. Published by the Southern Poverty Law …
Article • June 15, 2009 • from PLN June, 2009
PLN Awarded Summary Judgment In FOIA Case Again by Brandon Sample On March 26, 2009, U.S. District Judge Reggie Walton entered summary judgment for PLN in an ongoing battle between Prison Legal News and the BOP over the release of certain records. In 2003, PLN submitted a Freedom of Information …
Article • June 15, 2009 • from PLN June, 2009
California Prison’s Drinking Water Cited for Excessive Arsenic Levels by John Dannenberg California Prison’s Drinking Water Cited for Excessive Arsenic Levels by John E. Dannenberg Whenever prisoners at California’s Kern Valley State Prison (KVSP) watch the classic 1944 movie Arsenic and Old Lace, they have to swallow hard. That’s because …
Article • June 15, 2009 • from PLN June, 2009
Nevada Ramps Up Prisoner Deportations – Even Those Ineligible for Early Release by Matthew Clarke Nevada Ramps Up Prisoner Deportations – Even Those Ineligible for Early Release by Matt Clarke In an attempt to reduce prison overcrowding and save money, Nevada has expanded its efforts to deport incarcerated non-citizens, including …
Article • June 15, 2009 • from PLN June, 2009
Indiana Court Denies Challenge to Monopolistic Prison Phone Contracts by John Dannenberg by John E. Dannenberg The Indiana Court of Appeals has rejected a class-action suit brought by families and friends of prisoners who challenged prison telephone contracts as monopolistic and prison phone rates as oppressive. The appellate court held …
Article • June 15, 2009 • from PLN June, 2009
Oregon Detainee Paid $30,000 for 90 Days Illegal Jail Confinement by Oregon Detainee Paid $30,000 for 90 Days Illegal Jail Confinement The State of Oregon and Multnomah County have paid a man $30,000 to settle his suit for 90 days of illegal confinement. Ira Robinson was detained in the Multnomah …
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