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Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 by Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 The U.S. Court of Appeals for the …
Changes in Texas Parole Laws Violate Ex Post Facto Clause by Matthew Clarke by Matt Clarke On March 29, 2007, a federal court ruled that changes in Texas parole laws, practices and procedures violated the federal ex post facto clause when applied retroactively. Barry Michael Wion, a Texas state prisoner, …
Article • February 15, 2009 • from PLN February, 2009
Jose Medellin Executed; Vienna Convention Controversy Lives On by Matthew Clarke Jose Medellin Executed; Vienna Convention Controversy Lives On by Matt Clarke On August 5, 2008 at 9:48 p.m., the State of Texas began the lethal injection that ended the life of Jose E. Medellin. In doing so, it ignored …
Article • February 15, 2009 • from PLN February, 2009
Fifth Circuit: § 1983 Nominal and Punitive Damages Allowed Absent Physical Injury by Fifth Circuit: § 1983 Nominal and Punitive Damages Allowed Absent Physical Injury For the first time in a published opinion, the Fifth Circuit U.S. Court of Appeals has held that a prisoner pursuing a civil rights action …
Department of Justice Report on Prison Rape Elimination Act by Matthew Clarke Department of Justice Report on Prison Rape Elimination Act by Matt Clarke In September 2007, the National Institute of Corrections (NIC) of the U.S. Department of Justice (DOJ) released the annual report for calendar 2006 on DOJ’s implementation …
Article • February 15, 2009 • from PLN February, 2009
Notwithstanding Federal Healthcare Receiver, California Prisoners Can Still Use State Habeas Corpus to Redress Medical Complaints by The California Court of Appeal, Fifth Appellate District, held that even though the California Department of Corrections and Rehabilitation (CDCR) was under the supervision of a court-appointed federal healthcare Receiver, state prisoners nonetheless …
Report Criticizes Conditions in U.S. Immigrant Detention Center in Tacoma, Washington by David Reutter Report Criticizes Conditions in U.S. Immigrant Detention Center in Tacoma, Washington by David M. Reutter Conditions at the federal immigration center in Tacoma, Washington, are substandard and not in compliance with national standards, “much less international …
Article • February 15, 2009 • from PLN February, 2009
Washington DOC Restarts Private Industry Prison Jobs Following State Constitutional Amendment by John Dannenberg Washington DOC Restarts Private Industry Prison Jobs Following State Constitutional Amendment by John E. Dannenberg After eliminating private industry prison work programs in response to a Washington State Supreme Court ruling declaring the underlying statute unconstitutional …
Ohio Settles Actual Innocence Claim For $1,500,000 by Ohio and Ohio prosecuting officials settled a wrongful incarceration lawsuit by agreeing to pay $1,500,000 to a man who was imprisoned for 26 years after his conviction for a robbery and murder he did not commit. Gary James, 55, and his friend …
Alaskan Prisoner in Arizona Can Enforce CCA Contract by The Supreme Court of Alaska held that state prisoners incarcerated at a private prison in Arizona can enforce portions of the contract between the Alaska Department of Corrections (DOC) and Corrections Corporation of America (CCA) that incorporate provisions of Smith v. …
Article • February 15, 2009 • from PLN February, 2009
Supreme Court of Canada: No Wage Loss Compensation While in Prison Caused by Sexual Assault by Staff by Supreme Court of Canada: No Wage Loss Compensation While in Prison Caused by Sexual Assault by Staff On February 8, 2008, the Supreme Court of Canada ruled that a prisoner cannot recover …
Article • February 15, 2009 • from PLN February, 2009
$1.5 Million Settlement in Alabama Probation Officer's Sex Scandal by $1.5 Million Settlement in Alabama Probation Officer's Sex Scandal A $1.5 million dollar settlement has been reached in a lawsuit claiming an Alabama probation officer raped a female probationer and made inappropriate sexual advances towards eleven other female probationers. The …
Article • February 15, 2009 • from PLN February, 2009
GAO Report Critical of BOP’s Methodology for Comparing Costs Between BOP and Private Facilities by Brandon Sample GAO Report Critical of BOP’s Methodology for Comparing Costs Between BOP and Private Facilities by Brandon Sample In October of 2007, the U.S. Government Accountability Office (GAO), the audit, evaluation, and investigative arm …
Article • February 15, 2009 • from PLN February, 2009
$400,000 Award in Failure to Protect Connecticut Suicidal Prisoner by $400,000 Award in Failure to Protect Connecticut Suicidal Prisoner A Connecticut judge has awarded a prisoner’s estate $403,164.30, finding the City of Hartford police were liable for the prisoner’s suicide death. At a bench trial, the Court held the arresting …
BOP Agrees to Provide Wine to Prisoner for Religious Rituals by Brandon Sample On September 18, 2008, the Bureau of Prisons (BOP) settled a lawsuit brought under the Religious Freedom Restoration Act (RFRA) for wine during various religious rituals. Brandon Sample, a federal prisoner and PLN contributing writer, sued the …
Nominal Damages for Atlanta Georgia Jail’s Ban on Magazines, Books and Newspapers by On April 17, 2008, a Georgia federal court granted a prisoner summary judgment and nominal damages in a lawsuit over a jail policy that barred prisoners from receiving books, newspapers and magazines. David Robertson was incarcerated in …
Utah Sex Offender Internet Registry Statute Violates First Amendment by Mark Wilson On September 25, 2008, a federal court in Utah enjoined the enforcement of an amended statute requiring the state’s 7,000 registered sex offenders to report all of their Internet identifiers, including user names, passwords and website addresses. In …
Article • February 15, 2009 • from PLN February, 2009
Texas Awards Prison Phone Contract by Matthew Clarke On August 14, 2008, the Texas Board of Criminal Justice (TBCJ) awarded a phone service contract to two companies, Kansas-based Embarq Corp. and Dallas-based Securus Technologies, Inc. Prior to this historic event, the Texas Dept. of Criminal Justice (TDCJ) was the only …
Article • February 15, 2009 • from PLN February, 2009
Jury Awards Almost $900,000 to Dallas County Jail Stroke Victim by Gary Hunter After a one week trial and a day of deliberation a federal jury awarded Stanley Shepherd $890,336 when a stroke he suffered, in the Dallas County jail, left him permanently paralyzed. On October 4, 2003 Shepherd was …
Article • February 15, 2009 • from PLN February, 2009
Alameda County, CA Settles Jail Suicide Suit for $800,000 by Alameda County, CA Settles Jail Suicide Suit for $800,000 Following a mistrial, California’s Alameda County settled a wrongful death claim resulting from a jail detainee’s suicide for over $800,000. The federal lawsuit was brought by the prisoner’s minor children. The …
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