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Washington Jail Prisoners Suffer from Overcrowding, Abusive Guards, Inadequate Health Care and Indifferent Politicians by Roger Smith Since the mid-1990s, Washington State jail populations have increased exponentially. Obsolete facilities built decades ago to hold a handful of prisoners are now packed like sardine tins, with as many prisoners sleeping on …
Release of Medically Incapacitated Prisoners Could Save California Taxpayers Hundreds of Millions in a Time of Budget Crisis by Release of Medically Incapacitated Inmates Could Save California Taxpayers Hundreds of Millions in a Time of Budget Crisis Will the Board of Parole Hearings and the Schwarzenegger Administration Follow the Law? …
Article • May 15, 2008
No Liberty Interest In New Jersey Work Release by The plaintiff was on work release and living in a halfway house; he was removed from the program for drinking. He was later found not guilty, but he was not returned to the halfway house, and received no hearing to determine …
Article • May 15, 2008
Monitoring and Limiting Phone Calls by Kansas Prisoners Upheld by Prisoners can make telephone calls only collect and to persons previously placed on a list limited to 10; calls can be recorded and monitored; calls are automatically terminated when the outside party tries to transfer the call or make it …
Article • May 15, 2008
Virginia Policy Prohibiting Staff From Marrying Prisoners Upheld by The plaintiff prison guard married a convicted felon, the father of her child, and resigned under pressure in light of the prison system's anti-fraternization policy. (The man was convicted and incarcerated after he fathered the child but before they got married.) …
PHS Not Liable for Prisoner Attack on Nurses by The plaintiffs were nurses employed by Prison Health Services, Inc., and were attacked and beaten by a prisoner. The Supreme Court's decision in Collins v. Harker Heights overrules prior authority suggesting that there might be a special relationship supporting liability in …
Article • May 15, 2008
IN DOC Ban on Typewriters Upheld by Prisoners do not have a right to possess typewriters and word processors; the right of court access is satisfied by providing basic materials, such as pens and paper, for the preparation of legal materials. The fact that prisoners were permitted to possess these …
Jail Liable for Labeling Arrestee’s Cell as “HIV Positive Inmate” by Jail Liable for Labeling Arrestee's Cell as "HIV Positive Inmate" The plaintiff was arrested and informed the police he was HIV positive. They put a pink sign on his holding cell door saying HIV POSITIVE INMATE, which was removed …
Article • May 15, 2008 • from PLN May, 2008
Texas Prison Health Care: On the Brink of Unconstitutionality, Again by Matthew Clarke by Matt Clarke According to Texas prison healthcare officials, medical care in the state?s prison system is teetering on the brink of becoming unconstitutional. ?We?re toed up to the line. No doubt about it,? proclaimed Dr. Ben …
Texas Youth Commission Wants Increased Pepper Spray Use Despite Settlement by Michael Rigby by Michael Rigby Less than three months after agreeing to a court settlement limiting the use of pepper spray on juveniles, the Texas Youth Commission (TYC) has failed to curb its use and is actually planning to …
Article • May 15, 2008 • from PLN May, 2008
Wrongful Termination of Georgia Jail Guards by New Sheriff Settles for $7 Million by A $7 million settlement has been reached between the sheriff of Georgia?s Clayton County and 34 employees he fired on his first day in office. The employees alleged they were discriminated against based on their race …
Article • May 15, 2008 • from PLN May, 2008
$3,175,000 Judgment against Private Health Contractor for Illinois Prisoner’s Stroke by $3,175,000 Judgment against Private Health Contractor for Illinois Prisoner's Stroke On January 26, 2007, an Illinois prisoner who claimed he suffered a stroke due to negligence on the part of Health Professionals, Ltd. a private company that contracts with …
Alabama DOC Charges Prisoners Unlawful Fees to Cover Budget Shortfalls by Matthew Clarke by Matt Clarke On June 1, 2007, the Alabama Department of Examiners of Public Accounts released an audit report critical of the funding practices of the state's Department of Corrections (DOC). The DOC operates 19 prisons, 10 …
Article • May 15, 2008 • from PLN May, 2008
North Carolina Execution Laws Trump Medical Board’s Ethics Declaration by John Dannenberg North Carolina Execution Laws Trump Medical Board's Ethics Declaration by John E. Dannenberg In September 2007, the Wake County, North Carolina Superior Court ruled that because executions are not "medical procedures," a state law that requires a physician …
Article • May 15, 2008 • from PLN May, 2008
Alabama Parole Board Employee Pleads Guilty to Misuse of Computer Information by On June 15, 2007, Stacey Bell, 31, formerly an administrative assistant to the Alabama Board of Pardons and Paroles, pleaded guilty in Elmore County District Court to violating the Alabama Computer Crime Act, § 13A-8-102. She was given …
Article • May 15, 2008 • from PLN May, 2008
Michigan Prisoner Beaten By Guards Awarded $6,004 by On November 17, 2006, a Michigan jury awarded state prisoner Robert Brooks $6,004 for a beating he received at the hands of two guards. Brooks, who was serving time in a maximum-security Michigan prison for a 1982 murder, claimed he was attacked …
Article • May 15, 2008 • from PLN May, 2008
Innocent California Prisoner Paid $3,171,000 For 12 Years Wrongful incarceration by An East Palo Alto, California auto mechanic who served 12 years in state prison for a first degree murder he did not commit was paid $421,000 by the state plus $2.75 million by the County of Santa Clara. Rick …
Article • May 15, 2008 • from PLN May, 2008
South Florida Federal Court Censors Online Plea Agreements by Recently, the South Florida federal court system has been removing plea agreements from its online court docket. While a plea agreement is still reflected on the docket sheet, attempts to open the online record result in a notice that the user …
Article • May 15, 2008
Massachusetts DOC Denial of Ramadan Food to Prisoner in Seg Upheld by In an earlier opinion, 44 F.Supp.2d 400 (D.Mass. 1999), the court denied summary judgment to defendants on the request of the Muslim plaintiff, serving 10 years in segregation, that he be provided cereal, peanut butter, etc., three days …
Article • May 15, 2008
Challenge to Catalog Ban Mooted by Grievance Relief; Mail Watch Okay by The plaintiff was found with letters detailing an escape plan and convicted of disciplinary charges. Prison officials instituted a mail watch. This action was fully justified by security concerns. Failure to follow defendants' internal directive did not violate …
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