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Article • June 15, 2008 • from PLN June, 2008
Pierce County, WA Jail Settles Jail Strip-Search Suit For $667,000 by Pierce County, Washington settled a class action suit challenging unconstitutional strip searches of specified pretrial detainees in its county jail for $200,000 in damages, $15,000 in administrative costs and $452,000 in attorney fees. In addition, the Superior Court of …
Article • June 15, 2008 • from PLN June, 2008
PLN Sues Massachusetts DOC Over Book Ban, Added to Approved List One Week Later by For the past five years Prison Legal News has been unable to sell or distribute books to prisoners in Massachusetts because PLN was not on the Dept. of Correction’s (DOC) approved vendor list. Massachusetts prisoners …
Article • June 15, 2008 • from PLN June, 2008
Texas Prisoner’s Hepatitis C Claim Not Frivolous, Fifth Circuit Holds by A Texas prisoner’s claim alleging that his civil rights were violated by the denial of hepatitis c treatment based on policy decisions rather than on medical factors was not frivolous, the U.S. Fifth Circuit Court of Appeals held, in …
Article • June 15, 2008 • from PLN June, 2008
Federal Jury Convicts California DOC Guards on Assault and Conspiracy Charges; Judge Tosses Verdict by Last September, a federal grand jury delivered an indictment against California prison guard Hector Flores on allegations that he helped cover-up an unjustified use of force on two prisoners at the California Institution for Men …
Article • June 15, 2008 • from PLN June, 2008
Innocent California Prisoner Freed After Nine Years; Paid $1 Million by An innocent man sentenced in 1995 to 27 years for raping and kidnapping a 13-year-old girl was freed by the California Innocence Project after serving 3,280 days in prison. In his subsequent suit for wrongful incarceration, he received $1 …
Article • June 15, 2008 • from PLN June, 2008
Ohio Jail Prisoner’s Excessive Force Lawsuit Settles For $100,000 by On May 24, 2007, an Ohio prisoner who claimed he suffered permanent back injury after guards beat him at the Delaware County Jail accepted a $100,000 settlement to end his lawsuit against the county and others. Plaintiff Steven Foster, 23, …
Article • June 15, 2008 • from PLN June, 2008
North Carolina Agency Liable in Jail Fire That Killed Five Prisoners by The North Carolina Supreme Court has held that the state’s Department of Health and Human Services (DHHS) has a statutorily imposed duty that creates a special relationship to prisoners that makes it liable in a negligence lawsuit. At …
Georgia’s Sex Offender Residency Restriction Unconstitutional; Work Restriction Approved by The Georgia Supreme Court has declared that a state law that prohibits registered sex offenders from residing or loitering at a location that is within 1,000 feet of any childcare facility, church, school or area where minors congregate (the “residency …
Article • June 15, 2008 • from PLN June, 2008
Nevada Criminalizes Cell Phones in State Prisons by On May 10, 2007, Nevada Governor Jim Gibbons signed into law AB-106, a bill making it a felony for prisoners to possess a cell phone in prison or for a person to furnish a prisoner with a cell phone. Anyone charged with …
CA Uses Jail Inmate Welfare Funds for Reentry; Expands Early Release for Permanently Disabled CDCR Prisoners by In September 2007, Governor Schwarzenegger signed Senate Bill (SB) 718 into law, which amends penal code § 4025 to permit the use of Inmate Welfare Funds (IWF) collected in eight California counties to …
Article • June 15, 2008
Montana Prisoners Entitled to Review Parole Files by Several Montana state prisoners sued the state board of pardons and parole (Board) in state court to compel disclosure of their parole files. The trial court dismissed, and the prisoners appealed. On appeal, the Montana Supreme Court found that there were no …
Article • June 15, 2008
Montana DOC Must Have Open Meetings On Proposals for Construction of New Prison by The Great Falls Tribune, a Montana newspaper, sued the state Department of Corrections (DOC) to compel it to conduct open negotiations regarding the construction of a new prison. The trial court held that the DOC didn't …
Article • June 15, 2008 • from PLN June, 2008
Filed under: News, News in Brief
News in Brief: by Australia: In 2007 a law was passed making it illegal for anyone to provide erectile dysfunction drugs to prisoners or for prisoners to sell their artwork. The law was enacted after media disclosed that Bevan Spencer von Einem, a prisoner serving a life sentence for the …
Article • June 15, 2008 • from PLN June, 2008
$700,000 Settlement in Minnesota Teen’s Wrongful Death Caused by Jail’s Indifference to Head Infection by Shortly after his arrest and booking into Minnesota’s Mille Lacs County Jail, 18-year-old Brandon Brown began Complaining of excruciating head pain. The result of jail personnel’s failure to treat him caused his death and a …
Article • June 15, 2008
Florida Prisoners Have No Right to “Free” Public Records by Florida’s First District Court of Appeals has held that a prisoner is not entitled to free copies of records in the custody of the state attorney and the clerk of the Court. The Court said that prisoners are “in the …
Article • June 15, 2008
Virginia Police Department Record of Criminal Case Disposition Not Subject to Public Record Request by The Attorney General of Virginia has opined that a city police department that maintains a record of all persons tried in municipal court of the city for whether the party was convicted or acquitted, and …
Article • June 15, 2008
Evidence Fails to Support Charges of Washington State Employee; Reinstatement Ordered by The Washington State Personnel Appeals Board (PAB) has held the Washington Department of Corrections (WDOC) failed to prove by a preponderance of the evidence that an employee merited dismissal for failing to report an arrest and for pulling …
Article • June 15, 2008
Exceptional Circumstances Required for Disclosure of Fla. Sunshine Law Exemption to Government or Law Enforcement by Florida’s Second District Court of Appeals has held that a lawsuit plaintiff failed to show “exceptional circumstances” or “exceptional necessity” to overcome the disclosure of information that is exempt under Florida’s Sunshine Law in …
Article • June 15, 2008
Failure to Comply in the Home Assignment Resulted in Washington Employee’s Termination by The Washington State Personnel Appeals Board (PAB) has held that dismissal of a Washington Department of Corrections (WDOC) employee was appropriate where the employee neglected his duty, was insubordinate, engaged in gross misconduct, and willfully violated WDOC …
Article • June 15, 2008
Failure to Report Absences Merits Dismissal for Washington Prison Guard by The Washington State Personnel Appeals Board (PAB) has denied the appeal of a Washington Department of Corrections guard who was suspended and dismissed for repeated failures to report to work and call in his absences. Clallam Bay Corrections Center …
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