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Article • July 15, 2003 • from PLN July, 2003
Prompt Mental Health Services Ordered for Arkansas Pretrial Detainees by John E Dannenberg by John E. Dannenberg A settlement was reached between the Arkansas Division of Mental Health Services and the class of all mentally ill pretrial detainees in Arkansas, to have either timely court-ordered mental health evaluations or be …
Alabama DOC Settles Mental Health Class Action by James Quigley The U.S. District Court for the Middle District of Alabama approved a settlement agreement between a class of prisoners, defined as "all acutely or severely mentally ill male inmates who are presently or will in the future be incarcerated in …
Article • July 15, 2003 • from PLN July, 2003
Habeas Granted in BOP Good Time Case by More than one year after Lopez v. Davis, 121 S.Ct. 714, 531 U.S. 230 (2001), an Oregon U.S. District Court has ordered the Federal Bureau of Prisons (BOP) to transfer a prisoner to a community corrections (CCC) program "as soon as practicable." …
Injunctive Relief Ordered to Fix ADA Violations in California Parole Hearings by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals upheld a December 1999 district court decision (USDC, N.D. Calif.) granting injunctive relief to the class of all California state prisoners and parolees having …
$240,000 Settlement in Florida Juvenile Boot Camp Suicide by Lonnie Burton Although described as a troubled kid, 16-year old Chad Franza didn't deserve to die they way he did. Only 24 days after entering a juvenile boot camp in Bartow, Florida, the teenager was found dead after hanging himself with …
Article • July 15, 2003 • from PLN July, 2003
Favorable Termination Rule Inapplicable to Conditions Claims by The Third Circuit Court of Appeals held that the "favorable termination rule" of Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364 (1994), and Edwards v. Balisok, 520 U.S. 641, 117 S.Ct. 1584 (1997), does not apply to claims that implicate only …
The Shame of Prison Health by Sasha Abramsky A report is sitting at the Justice Department, unpublished. It has been there for three years. Titled The Health Status of Soon-to-be-Released Inmates, it was compiled by experts who sat on three panels: one on communicable diseases, one on chronic diseases and …
YSI: Another Death, Another Settlement by Youth Services International (YSI), a company already under fire for a multitude of problems, including contract violations, financial mismanagement, prisoner mistreatment and prisoner deaths, was again in the news this past September. YSI, a subsidiary of Corrections Services Corporation, operates juvenile prisons, including boot-camp-style …
Seventh Circuit Vacates $1.8 Million Award in BOP Suicide by by Mathew T. Clarke The Seventh Circuit Court of Appeals has reversed a case in which the survivors of a federal prisoner who committed suicide in jail received a $1.8 million award, rendering judgment in the government's favor. Robert Johnson, …
Washington Women's Medical Care Consent Decree Ended by The Ninth Circuit Court of Appeals upheld a district court's refusal to extend the terms of a consent decree under the Prison Litigation Reform Act (PLRA). The court also held that the district court improperly declined to consider plaintiffs' motion for contempt. …
Mental Health Issues in Long-Term Solitary and "Supermax" Confinement, Craig Haney, 2003 Mental Health Issues in Long-Term Solitary and "Supermax" Confinement Craig Haney This article discusses the recent increase in the use of solitary-like confinemem, especially the rise of so-called supermax prisons and the special mental health issues and challenges …
Psychologist Not Qualifiedly Immune in Prisoner Suicide Suit by John E Dannenberg by John E. Dannenberg The Sixth Circuit US Court of Appeals ruled that a prison psychologist's awareness of a prisoner's potential for suicide was sufficient to defeat the psychologist's qualified immunity defense in a 42 U.S.C. § 1983 …
Sole Washington Woman Civil Commitment Taxes System by Lonnie Burton Since 1997, when a court deemed her too dangerous to live in society, Laura McCollum has remained the lone female prisoner at Washington's civil commitment center for sexually-violent predators on the grounds of the state's women's' prison near Purdy. McCollum, …
Article • April 15, 2003 • from PLN April, 2003
Wyoming Jail Must Disclose Suicide Prevention Critique by The Wyoming Supreme Court has held that the Wyoming Public Records Act (WPRA) requires that state's jails to disclose to the press reports evaluating jail suicide prevention procedures. In 1998, prisoner suicide attempts increased in the county jail in Laramie, Wyoming. Laramie …
New Mexico Lawyers Entitled to Jail Visiting, Phone and Records Access by A New Mexico federal district court has entered a preliminary injunction that enjoins jail officials from prohibiting class counsel from having access to the jail, its prisoners and staff, its records, and from imposing time limits on telephone …
Drug Addiction Disability Cannot Be Used to Deny Parole by by John E. Dannenberg The Ninth Circuit US Court of Appeals held that California life prisoners could not be denied parole because of a drug addition disability that fell within the reach of the Americans with Disabilities Act (ADA). Charles …
Sandin Applied to Wisconsin Sexual Offender Civil Commitment by In analyzing a district court's order finding Richard Thielman, a sexual offender civil committee, did not have a liberty interest from being restrained by waistchains, blackbox, and leg irons when being transported outside the Wisconsin Resource Center for medical treatment, the …
Article • March 15, 2003 • from PLN March, 2003
Habeas Corpus Sole Remedy for BOP Sentence Reduction by Michael Bourke was convicted in federal court of possessing a machine gun and a controlled substance. He completed a drug treatment program in prison and then sought a one year reduction in sentence pursuant to 18 U.S.C. § 3621(e)(2)(B). The Bureau …
Connecticut Pays $1,850,000 in Deaths of Two Prisoners Transferred to Virginia by John E Dannenberg by John E. Dannenberg The Connecticut Department of Corrections (CDC) settled two claims in March 2002 totaling $1,850,000 for the wrongful deaths of a mentally ill prisoner and a severely diabetic prisoner who were transferred …
U.S. District Court Finds Supermax Placement at Ohio Prison "Atypical and Significant Hardship" by Robert Woodman U.S. District Court Finds Supermax Placement at Ohio Prison "Atypical and Significant Hardship" by Robert Woodman In a ruling believed to be the first of its kind, Judge James Gwin of the United States …
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