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Positive Correlation between Mental Illness and Prison Victimization by Jimmy Franks In September 2008, the Center for Behavioral Health Services & Criminal Justice Research (the Center) published its Policy Brief regarding a recent survey conducted to determine the quality of life for prisoners in New Jersey’s Department of Corrections (DOC). …
Article • July 15, 2009 • from PLN July, 2009
Santa Cruz County, Arizona Pays $3 Million in Strip Search Suit by Jimmy Franks On November 25, 2008, following two days of negotiation mediated by retired Pima County, Arizona Superior Court Judge, Honorable Lawrence Fleishman, the parties involved in a Class Action complaint regarding unconstitutional strip searches reached a satisfactory …
Article • July 15, 2009 • from PLN July, 2009
$10,000 Verdict in Sexual Assault by Virginia Guard by On October 20, 2008, a Virginia federal jury awarded a former Pittsylvania County Jail prisoner $10,000 in a lawsuit that claimed a guard had “sexually molested, harassed, and assaulted” her. The suit alleged that jail guard Hank Hazelwood violated Sheril Ann …
Bureau of Justice Publishes Report on Sexual Misconduct at Juvenile Facilities by The Bureau of Justice Statistics (BJS) released a report on the prevalence of sexual misconduct and violence at juvenile residential facilities. The report, entitled Sexual Violence Reported by Juvenile Correctional Authorities 2005-06, is in accordance with the Prison …
Article • July 15, 2009 • from PLN July, 2009
Ohio Limits Electronic Monitoring to Only Those Who Can Pay by If you’re convicted in Ohio and can afford to pay, you may be able to obtain release on electronic monitoring. If not, you can serve your time in the Corrections Center of Northwest Ohio (CCNO). That is the new …
Article • July 15, 2009 • from PLN July, 2009
Miami’s Sex Offender Bridge Encampment Continues to Grow by David Reutter by David M. Reutter Population: 52. That’s how many sex offenders have been forced to live under the Julia Tuttle Causeway in Miami, Florida as of March 2009. In late 2007, the population was only 19. [See: PLN, June …
BOP Failed to Protect Female Prisoner Informant from Rape, Sexual Abuse by Guards by Brandon Sample The federal Bureau of Prisons (BOP) was “woefully deficient” in failing to protect a female prisoner from sexual abuse by BOP guards, U.S. District Court Judge Cecilia M. Altonaga concluded in November 2008, following …
No Qualified Immunity for Pepper Spraying Alabama Prisoner; Case Settles After Remand by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals held that pepper spraying a prisoner, keeping him in a small cell for longer than necessary to gain his compliance, and not allowing him to …
Article • July 15, 2009 • from PLN July, 2009
Filed under: News, News in Brief
News in Brief: by Alabama: In April 2009, two unnamed Walker County jail guards were suspended with pay pending an investigation into a female prisoner’s claim that she was raped by a male prisoner who had been temporarily transferred from state prison to the jail to attend a funeral. Sheriff …
$1,800,000 Settlement in Michigan Jail Prisoner Suicide Case by On January 1, 2008, the defendants in a Michigan federal civil rights action involving the suicide of a jail prisoner settled the case for $1,800,000, the largest jail suicide settlement in Michigan history. Tatisha Grant, 23, was arrested by River Rouge, …
Article • July 15, 2009
California Court of Appeal Holds 2006 Amendments Sexually Violent Predator Statute Not Retroactive by .The California Court of Appeal held that the 2006 amendment to the Sexually Violent Predator Act (SVPA) and Proposition 83 that same year may not be applied retroactively. George Whaley was originally civilly committed under the …
Article • July 15, 2009
California Governor Entitled to Absolute Immunity for Erroneous Review for Prisoner’s Parole Eligibility by Former California Governor Gray Davis is entitled to absolute quasi-judicial immunity for his actions related to the erroneous review of a parole board’s grant of parole, the Ninth Circuit held on April 2, 2008. Donald Miller …
Article • July 15, 2009
Class Claims for Injunctive Relief in HPC Suit Dismissed as Moot by U.S. District Judge Noel L. Hillman has dismissed as moot class claims brought by a group of New Jersey prisoners alleged to have been unreasonably exposed to Hepatitis C (HPC). Walter Bennett on behalf of all others similarly …
Clemency Petition Not Subject to FOIA by On December 1, 2008, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s order denying a Freedom of Information Act (FOIA) request for copies of a commutation petition filed by John Walker Lindh, the so-called “American Taliban.” In January …
Connecticut Settles Overcrowding Suit by The State of Connecticut in the early 1980s agreed to settle a suit over the overcrowding at the Somers Correctional Facility. Joseph Letezeio individually and on behalf of all those similarly situated at Somers sued the State of Connecticut alleging that the overcrowding and other …
Consent Decree Improving Conditions on Louisiana Death Row Terminated by A landmark 1990s consent decree improving conditions on death row has been terminated under the Prison Litigation Reform Act (PLRA). In 1991, the warden at the Louisiana State Penitentiary (LSP) settled a lawsuit brought on behalf of current and future …
Consent Judgment Entered in Connecticut Prison Conditions Case by On October 17, 1989, a consent judgment was entered resolving various claims regarding the constitutionality of living conditions at the Connecticut Correctional Institution at Somers. The settlement requires the defendants to (1) eliminate housing in a barbershop and card room; (2) …
Article • July 15, 2009 • from PLN July, 2009
$3,200 Awarded to Indiana Jail Prisoner for Negligent Medical Care by On December 2, 2008, a federal jury awarded Richard Petrig, a former prisoner, $3,200 for negligent medical care. Petrig was attacked by his cellmate while incarcerated at the Posey County Jail in Indiana. After the attack, Petrig told jail …
Article • July 15, 2009 • from PLN July, 2009
New York Prisoner Awarded $5,000 for Assault by Cellmate by A New York Claims Court awarded a prisoner $5,000 for being assaulted by his cellmate. The Court found that prison officials knew or should have known that a threat existed and they failed to act to prevent it. While incarcerated …
Article • July 15, 2009 • from PLN July, 2009
Postal Service Panics Over Sex Offender Participant in Christmas Program by Matthew Clarke by Matt Clarke On December 18, 2008, just a week before Christmas, the U.S. Postal Service abruptly suspended its decades-old Operation Santa Claus, a holiday program in which volunteers sift through children’s letters addressed to Santa, “adopt” …
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