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No Qualified Immunity for Inadequate Iowa Disciplinary Notice by The Eighth Circuit Court of Appeals affirmed a lower court’s denial of qualified immunity to prison officials on an Iowa prisoner’s inadequate disciplinary notice claim. Iowa prisoner William Dible was granted work release in April 2003, and placed at a residential …
Article • September 15, 2011
Filed under: Classification, Transfers
Massachusetts Pretrial Detainee Transfer to State Prison Invalid by The Massachusetts Supreme Judicial Court (SJC) held that a lower court lacked authority to order the transfer of pretrial detainees from a county jail to a state prison. On August 16, 2005, the Worcester County District Attorney submitted a written request …
Article • August 15, 2011 • from PLN August, 2011
Placement in Maximum Security Facility May Trigger Due Process Protections; Religious Diet Claims Remanded by The U.S. Court of Appeals for the Sixth Circuit has reversed a district court’s grant of summary judgment to Michigan prison officials in a procedural due process and religious diet lawsuit. Lamont Bernard Heard received …
Article • August 15, 2011 • from PLN August, 2011
State Ordered to Reimburse Prisoner Who Was Not Allowed to Complete College Classes by An Illinois prisoner was awarded $1,225 by a state Court of Claims for tortious interference with a business relationship by the Illinois Department of Corrections (IDOC). While incarcerated at Stateville Penitentiary, Marshan Terrell Allen received permission …
Article • August 15, 2011
Filed under: Classification, Transfers, Food
Judge Orders Marshals to Transfer Prisoner Due to Inadequate Diet at Jail by Brandon Sample By Brandon Sample United States Magistrate Judge Todd Campbell has ordered the U.S. Marshals Service to transfer a pre-trial detainee from a county jail after determining the jail failed to provide a nutritionally adequate diet. …
Article • July 15, 2011
Ninth Circuit Strikes Down BOP Regulations Limiting Halfway House Placement by Brandon Sample By Brandon Sample On September 4, 2008, the U.S. Court of Appeals for the Ninth Circuit joined the Second, Third, Eighth and Tenth Circuits in concluding that the Bureau of Prisons' (BOP) regulations categorically limiting eligibility for …
Article • June 15, 2011 • from PLN June, 2011
Ninth Circuit Rejects Challenge to BOP’s Implementation of Second Chance Act by On December 6, 2010, the U.S. Court of Appeals for the Ninth Circuit ruled against federal prisoners who argued that the federal Bureau of Prisons (BOP) was not properly implementing the Second Chance Act (SCA), a law designed …
Contributions to California Politicians Rewarded with Lucrative Private Prison Contracts by In politics, sometimes a little monetary grease goes a long way. No doubt, that’s why Corrections Corporation of America (CCA), the nation’s largest private prison operator, based in Nashville, Tennessee, has contributed hundreds of thousands of dollars to lawmakers …
Fifth Circuit: Wyoming Prisoner May Sue Texas Private Prison Officials by Matthew Clarke by Matt Clarke On June 16, 2008, the Fifth Circuit Court of Appeals ruled that a Wyoming state prisoner housed at a privately-operated prison in Texas could sue private prison officials for retaliation and taking money from …
Article • May 15, 2011
New York Prisoner Awarded $316.93 for Lost Property by A New York Court of Claims awarded a prisoner $316.63 for the loss of his property by prison officials. Acting pro se in the bailment claim, prisoner James Towner claimed that when his property was received from Marcy Correctional Facility at …
Article • May 15, 2011
Filed under: Classification, Smoking
$150 Award to New York Prisoner for Top Bunk Placement by A New York Court of Claims awarded a prisoner $150 for an injury sustained due to improperly being in an upper bunk. The award to Auburn Correctional Facility prisoner Cedric Reid was for a mild sprain that occurred while …
Seventh Circuit: Habitual Disciplinary Offender Finding Does Not Open Door to Attacking Prior Disciplinary Convictions by On September 12, 2008, the Seventh Circuit court of appeals held that a prison's finding that a prisoner was a habitual disciplinary offender and punishing him therefore does not open the door for a …
Prison Pays: Geo Corp Profits from Half-Way House Murder and Mayhem in Texas by Craig Malisow Despite a history of abuse and bad conditions, private-prison corporation GEO Group keeps getting contracts in Texas by Craig Malisow Anthony Ferrell left the Ben A. Reid halfway house in northeast Houston on October …
Article • April 15, 2011
Second Circuit Reverses Summary Judgment for Connecticut Prisoner Allegedly Misclassified as a Sex Offender by The U.S. Court of Appeals for the Second Circuit has reversed a grant of summary judgment for a Connecticut prisoner who had alleged that he was misclassified as a sex offender. Joe Vega sued Connecticut …
Article • April 15, 2011
7th Circuit: Reverse and Remand “Inherently Transitory” Complaint by On February 4, 2010, the 7th Circuit reversed and remanded a district court ruling dismissing as moot a case alleging various constitutional and state law violations against Tippecanoe County, Indiana Sheriff Tracy Brown. The initial complaint was filed on January 2, …
Questionable New Jersey Halfway House Funding Benefits CEC by Matthew Clarke by Matt Clarke Republican New Jersey Governor Chris Christie insisted on budget cuts in 2010, except when it came to funding treatment centers, formerly called halfway houses. Gov. Christie wanted to increase funding for treatment centers by $3.1 million, …
$6,000 Settlement in D.C. Youth Prisoner’s Stabbing by The District of Columbia (D.C.) paid $6,000 to settle the negligence suit of prisoner Jeremiah Lester for injuries incurred from being stabbed by two other prisoners. While at D.C.’s Youth Center One in Lorton, Virginia on May 16, 1999, Lester was assaulted …
Article • March 15, 2011 • from PLN March, 2011
BOP’s Furlough Notification Policy Not to be Addressed for Seven Years by Derek Gilna A September 2010 report by the Office of the Inspector General of the U.S. Department of Justice cast light on deficiencies with the Bureau of Prisons’ (BOP) furlough policy, and in doing so inadvertently highlighted the …
Article • March 15, 2011
Washington Settles Work Release Denial Claim for $2,284 by The State of Washington paid a prisoner $2,284.00 to settle his tort claim for negligently delaying his work release. Washington prisoner Jeremy Post became eligible for work release on July 25, 2007. He was approved on October 2, 2007 for release …
Article • March 15, 2011
Elderly Home Detention Program Eligibility Determined Based on Sentence Imposed Without Good Time by In determining eligibility for the Elderly Offender Home Detention Pilot Program (EOHDPP), the Bureau of Prisons (BOP) may not consider a prisoner’s earned good time in calculating whether a prison has served enough time to enter …
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