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Article • December 15, 2008 • from PLN December, 2008
Legal Financial Obligation Deductions Imposed on All Washington Prisoners by In a 5-4 ruling, the Supreme Court for the State of Washington has held that the Washington Department of Corrections (WDOC) has authority to collect court-ordered legal financial obligations (LFOs) from all prisoners, regardless of sentence, from non-work related income. …
Article • December 15, 2008 • from PLN December, 2008
Massachusetts DOC Ordered to Provide Vegan Meals to Buddhist Prisoner by Massachusetts DOC Ordered to Provide Vegan Meals to Buddhist Prisoner On June 11, 2008, following a non-jury trial in an action brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA), a U.S. District Court directed the Commissioner …
Article • December 15, 2008 • from PLN December, 2008
Tenth Circuit: Procedural Defense to Federal Prisoner’s ETS Suit Fails on Inadequate Grievance Record-Keeping by John Dannenberg Tenth Circuit: Procedural Defense to Federal Prisoner’s ETS Suit Fails on Inadequate Grievance Record-Keeping by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals reversed a summary judgment order in a federal …
EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds by EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds The Equal Access to Justice Act (EAJA) authorized prevailing parties to obtain reimbursement of fees expended on paralegal services …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Money/Property, Restitution
Ninth Circuit: Statutory Increase in Restitution Payment Rate Does Not Violate Plea Agreement and is Not Ex Post Facto by Ninth Circuit: Statutory Increase in Restitution Payment Rate Does Not Violate Plea Agreement and is Not Ex Post Facto The Ninth Circuit Court of Appeals, in a California state prisoner’s …
New York Sex Offenders’ Settlement Agreement Superseded by New Registration Law by New York Sex Offenders’ Settlement Agreement Superseded by New Registration Law The Second Circuit U.S. Court of Appeals dealt a blow to sex offenders in New York state when it ruled that despite an earlier suit and settlement …
Article • December 15, 2008 • from PLN December, 2008
Tenth Circuit Follows Jones v. Bock, Reverses Full-Exhaustion Predicate in § 1983 Cases by John Dannenberg by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals realigned its jurisprudence to comport with the U.S. Supreme Court ruling in Jones v. Bock, 127 S.Ct. 910 (2007) [see: PLN, May 2007, …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Searches, Drug Testing
Washington Court Invalidates Pretrial Substance Abuse Conditions by The Court of Appeals for the State of Washington has held that pretrial conditions for release on personal recognize that require a defendant to undergo an alcohol evaluation, comply with any recommended treatment and attend three weekly self-help meetings were not authorized …
Article • December 15, 2008 • from PLN December, 2008
No Filing Fee Lien Allowed in Florida Mandamus Cases by In two rulings, Florida’s First District Court of Appeal has held a circuit court departed from the essential elements of law when it placed a lien on a prisoner’s trust account to satisfy the filing fee for a mandamus petition. …
Brief • December 11, 2008
Jennings v. City of Miami, FL, Def Memo in Opp to Plf Mot for Protective Order, FTAA Protest, 2008 Case 1:07-cv-23008-JEM Document 103 Entered on FLSD Docket 12/11/2008 Page 1 of 24 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO. 07-23008-CIV-MARTINEZ/BROWN CARA JENNINGS, et. …
Brief • December 4, 2008
McCall v. Rock Hill, MO, Planintiff Memo for Contempt, 2008 Case: 4:08-cv-00471-CEJ Doc. #: 32 Filed: 12/04/08 Page: 1 of 4 PageID #: 107 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CURTIS MCCALL, ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. CITY OF …
Brief • December 4, 2008
Filed under: Transfers, Commissary
Sample v. BOP, DC, Settlement, FOIA phones ITS transfers and commissary, 2008 Case 1:06-cv-00715-PLF Document 111 Filed 12/04/2008 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA B~DON SAMPLE, ~ al. , ) ) Plaintiffs, ) ) v. ) Civil Action No. 06-715 PLF ) Federal …
Brief • December 3, 2008
Thompson v. Ricci, NJ, Complaint, prohibition of inmate preaching religious services, 2008
Brief • December 3, 2008
Thompson v. Ricci, NJ, MiS Plf Mot PI, prohibition of inmate preaching religious services, 2008
Buford-Lewis v. Marion County, IN, Settlement, jail conditions, 2008 Case 1:07-cv-00527-SEB-DML Document 58 Filed 12/01/2008 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ANTHONY BUFORD-LEWIS, III, et al., Plaintiffs, v. MARION COUNTY, INDIANA, Defendant. ) ) ) ) ) ) ) ) ) No. …
Brief • November 25, 2008
Bradshaw v State, GA, Sex Offender Life Sentence Ruling, 2008 In the Supreme Court of Georgia Decided: November 25, 2008 S08A1057. BRADSHAW v. THE STATE BENHAM, Justice. Cedric Lavell Bradshaw was found guilty in a bench trial of failing to register as a convicted sex offender in that, he had …
Brief • November 19, 2008
Filed under: Telephone Rates
Wright et al v. Securus DC, Plf Alternative Rulemaking Proposal, telephone rates, 2008 2000 PENNSYLVANIA AVE., NW WASHINGTON, D.C. 20006-1888 MORRISON & FOERSTER LLP TELEPHONE: 202.887.1500 FACSIMILE: 202.887.0763 DENVER, NORTHERN VIRGIN IA, ORANGE COUNTY, SACRAMENTO, WALNUT CREEK, CENTURY CITY WWW.MOFO.COM NEW YORK, SAN FRANCISCO, LOS ANGELES, PALO ALTO, SAN DIEGO, …
Publication • November 18, 2008
Private Audit of Orange County Jails, OCJAP, 2008 November 18, 2008 CROUTaSrD. CROUTaSrDA CRIMINAL JUSTICE CONSULTANTS, INC. Orange County Jail Assessment Project Crout & Sida Criminal Justice Consultants www.crout-sida-consulting.com Preface The Jail Security and Staffing Assessments (OCJAP) project began in July 2008 and encompassed a comprehensive assessment of one of …
Doing Borrowed Time: The High Cost of Back-Door Prison Finance by Kevin Pranis Much public attention has been devoted in recent years to the “industrial” side of the prison boom, from the fortunes of private prison operators to the profits generated by telecommunications companies from lucrative phone contracts. Less attention …
Article • November 15, 2008 • from PLN November, 2008
From the Editor by Paul Wright Each day the news brings more headlines about the turmoil in financial markets and the collapse of speculative financial devices that were apparently too complex for their buyers to understand (we can all recall the junk bonds of the 1980s), the financial bail out …
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