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Bureau of Justice Report on Sexual Violence in Juvenile Prisons by Gary Hunter Since the Prison Rape Elimination Act was implemented in 2003 the U.S. Department of Justice (DOJ) has accumulated statistical data on sexual activity in juvenile prisons in the U.S. A report issued in July 2008, by the …
Article • April 15, 2009
Jail Strip-Search Cases: Patterns and Participants by Margo Schlanger Cited: 71 Law & Contemp. Probs. 65 [*pg 65] JAIL STRIP-SEARCH CASES: PATTERNS AND PARTICIPANTS By Margo Schlanger* I. INTRODUCTION II. JAIL STRIP-SEARCH LITIGATION: THE MIAMI CASE III. JAIL STRIP-SEARCH LITIGATION MORE GENERALLY A. Case Category Features B. Participants IV. CONCLUSION …
Article • April 15, 2009
Filed under: Commentary/Reviews
Operationalizing Deterrence: Claims Management (In Hospitals, a Large Retailer, and Jails and Prisons) by Margo Schlanger Margo Schlanger, Washington University School of Law Abstract The theory that the prospect of liability for damages deters risky behavior has been developed in countless articles and books. The literature is far sparser, however, …
BEYOND THE HERO JUDGE: INSTITUTIONAL REFORM LITIGATION AS LITIGATION by Margo Schlanger 97 Mich. L. Rev. 1994 (May 1999) Margo Schlanger* Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons. By Malcolm M. Feeley(1) and Edward L. Rubin.(2) New York: Cambridge University Press. 1998. Pp. xv, …
Article • April 15, 2009
Filed under: Commentary/Reviews
National Prison Reform Commission Begins Work by Margo Schlanger Correctional Law Reporter, Volume 17, No. 1: June/July 2005, at 1 National Prison Reform Commission Begins Work by Margo Schlanger Editor’s Note: Margo Schlanger is Professor of Law, Washington University in St. Louis, and a member of the Commission on Safety …
1980s Settlement Agreement Heads to Improved Conditions in Nevada Prisons by The state of Nevada has agreed to a comprehensive settlement agreement that will improve conditions at all Nevada prisons. Billy Shapley and other Nevada state prisoners filed a class action suit against Nevada prison officials alleging that their First, …
Another Murder by Florida Guards, Another Acquittal by David Reutter By David M. Reutter A state jury has acquitted three Florida prison guards in the murder of death row inmate Frank Valdes. The guards, Captain Timothy Thornton, Sgt. Jason P. Griffis, and Sgt. Charles A. Brown, were exonerated of second-degree …
Article • April 15, 2009
Tenth Circuit Explains Sandin Standard to Determine Liberty Interests by In reversing a Kansas federal district court’s grant of summary judgment to prison officials, the Tenth Circuit Court of Appeals has explained how the legal landscape changed by the ruling in Sandin v. Conner, 115 S. Ct. 2293 (1995). In …
Article • April 15, 2009
Tenth Circuit Finds Colorado Administrative Segregation Placement Does Not Implicate Liberty Interest by The Tenth Circuit Court of Appeals has held that a prisoner’s administrative confinement conditions did not violate his due process rights because he failed to prove that he had a liberty interest in avoiding such placement. Before …
Article • April 15, 2009
Tenth Circuit Requires Factual Findings of Prisoner’s Confinement Conditions Under Sandin by The Tenth Circuit Court of Appeals has held that a district court must make factual determinations of the prisoner’s particular confinement conditions when making a determination of whether the prisoner is being subjected to an “atypical and significant …
WA Court Denies Petition Challenging Refusal to Review Confidential Information in Disciplinary Hearing by The Washington State Court of Appeals, Division II, has denied a personal restraint petition (PRP) that claimed a prisoner’s due process rights were violated when the Department of Corrections (DOC) refused his requests to review confidential …
Washington DOC Pays $2.2 Million to Settle Inadequate Supervision Claim Resulting in Death by The Washington State Department of Corrections (WDOC) agreed to pay $2.2 million to the family of a man who was brutally beaten by a probationer. The lawsuit claimed WDOC was liable for wrongful death because it …
Article • April 15, 2009
County Pays $500,000 for Negligent Supervision of Probationer by Washington’s Whatcom County has settled a claim that it was negligent in failing to monitor the actions of a probationer for $500,000. The lawsuit was brought by the parents of Michael C. Busby, Jr., 8, who was killed by the probationer. …
Article • April 15, 2009
Slavery Haunts America's Plantation Prisons, by Maya Schenwar by Maya Schenwar by Maya Schenwar, Truthout On an expanse of 18,000 acres of farmland, 59 miles northwest of Baton Rouge, long rows of men, mostly African-American, till the fields under the hot Louisiana sun. The men pick cotton, wheat, soybeans and corn. …
Article • April 15, 2009
The Fall of the Presidential Pardon, by Maya Schenwar by Maya Schenwar The Fall of the Presidential Pardon Thursday 02 April 2009 by: Maya Schenwar, t r u t h o u t In the last throes of the Bush presidency, reporters and citizens alike waited restlessly for the announcement …
Former U.S. Army guard at Guantanamo speaks out about abuse of detainees by by Marian Houk February 15, 2009 A former guard at the detention facilities in the U.S. Naval base at Guantanamo, Cuba has given a rare interview to the Associated Press describing abusive treatment of prisoners who were …
U.S. Has a 45-Year History of Torture by A.J. Langguth The difference between American involvement in South American atrocities in 1964 and 'enhanced interrogation' now is that some modern-day officials appear proud of themselves. By A.J. Langguth, Los Angeles Times - Opinion As President Obama grapples with accusations of torture by …
New Jersey Prison Officials Denied Summary Judgment In ADA Action by U.S. District Judge Jerome B. Simandle has denied summary judgment to New Jersey prison officials alleged to have violated the Americans with Disabilities Act (ADA). Eddie Williams, a New Jersey prisoner, sued prison officials alleging that he was denied …
Article • April 15, 2009
Ninth Circuit Rejects Total Ban on Computer Use for Sex Offender by On August 11, 2008, the U.S. Court of Appeals for the Ninth Circuit rejected a special condition of supervised release that, read broadly, imposed a total ban on computer use outside work. Robert Ray Burnett Goddard was convicted …
Article • April 15, 2009
Filed under: Mental Health, Suicides
Unreported Jail Deaths: There have been two apparent suicides, one of which remains a mystery. by Rick Anderson By Rick Anderson Gas-station robber Ronald Ray Hicks went to sleep in his King County Jail bunk just before 10 p.m. July 25 and never woke up. His cellmate noticed Hicks still …
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