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Article • August 15, 2012 • from PLN August, 2012
Texas: Helping HIV+ Prisoners Receive Post-Release Meds by by Matt Clarke When Diana Harris was released from a Texas prison more than a decade ago, she received no information on how to continue her regimen of HIV medication. The prison issued her a 10-day supply of meds and when that …
Article • August 15, 2012 • from PLN August, 2012
Texas Legislator Uses Prisoner-Made Goods as Gifts for Campaign Contributors by Matthew Clarke by Matt Clarke When Republican Texas State Representative Debbie Riddle scheduled her “Riddle Executive Leadership Summit” at the Lanier Theological Library in August 2011, the agenda mentioned several “esteemed discussion leaders,” a buffet reception and special gifts …
Article • August 15, 2012 • from PLN August, 2012
BOP’s RDAP Program Unevenly Administered and Unnecessarily Costly by Brandon Sample by Brandon Sample and Derek Gilna A comprehensive review of the federal Bureau of Prisons’ (BOP) Residential Drug Abuse Program (RDAP), enacted by Congress in 1994, indicates that almost 20 years after its creation RDAP has yet to fulfill …
Tenth Circuit Holds Sex Offenders Who Leave U.S. Must Still Register by Derek Gilna The Tenth Circuit Court of Appeals held on December 23, 2011 that a Utah sex offender must register in his home state even if he intends to permanently leave the U.S. to live in another country. …
Article • August 15, 2012 • from PLN August, 2012
Florida Reports Indicate Restoration of Civil Rights Reduces Recidivism by David Reutter by David M. Reutter Advocates of automatic restoration of civil rights for ex-offenders have long maintained that such a policy helps former prisoners reintegrate into society and therefore reduces recidivism. Two reports by the Florida Parole Commission (FPC), …
Article • August 15, 2012 • from PLN August, 2012
Tainted Chicken Sickens Hundreds of Prisoners, Staff at Pennsylvania BOP Facility by In late June 2011, around 320 prisoners and employees at USP Canaan in Pennsylvania, north of Philadelphia, became sick due to salmonella poisoning after eating “tainted chicken” used to make fajitas. Four prisoners were ill enough to require …
Article • August 15, 2012 • from PLN August, 2012
ACLU Challenges “Jail or Church” Program in Alabama by On September 26, 2011 the American Civil Liberties Union of Alabama (ACLU) sent a cease-and-desist letter to the City of Bay Minette, demanding that city officials “immediately end Operation Restore Our Community (ROC), which requires first-time, non-violent misdemeanor offenders to choose …
Article • August 15, 2012 • from PLN August, 2012
“Fusion Centers” Gather Intelligence on U.S. Citizens by Derek Gilna Homeland Security-financed agencies called “fusion centers,” ostensibly formed to collect information to prevent 9/11-type terrorist attacks, have expanded their scope of operations to include ordinary street-level crime. The American Civil Liberties Union (ACLU) recently expressed concerns about a fusion center …
Article • August 15, 2012 • from PLN August, 2012
Kentucky Supreme Court Adopts Mailbox Rule Retrospectively by The Supreme Court of Kentucky, in a modified ruling, adopted the “mailbox rule,” allowing notices of appeal in criminal cases to be considered filed when they are placed in the prison’s internal mail system. Joe B. Jones and Michael Allen Hallum, Kentucky …
Article • August 15, 2012 • from PLN August, 2012
Termination from Drug Treatment Program Fails to State Liberty Interest Claim by The Eighth Circuit Court of Appeals has held that the decision of prison officials to remove a prisoner from a drug treatment program, which made him ineligible for a probated sentence, was insufficient to confer a liberty interest …
California: ADA Protections Again Extended to Disabled State Prisoners Held in County Jails by On January 13, 2012, sixteen months following remand from the Ninth Circuit in the case of Armstrong v. Schwarzenegger, U.S. District Court Judge Claudia Wilken issued an order that again extended the protections of the Americans …
Article • August 15, 2012 • from PLN August, 2012
State Awarded Statutory Attorney Fees, Costs for Dismissed Washington PRPs by Mark Wilson The Washington State Court of Appeals has held that the state is entitled to statutory attorney fees following the dismissal of a personal restraint petition (PRP). After pleading guilty to witness tampering and burglary, Gregory Scott Bailey …
Article • August 15, 2012 • from PLN August, 2012
Fifth Circuit Rules on Prisoner’s ADA Claim; Issues Superseding Opinion by On October 14, 2010, the Fifth Circuit Court of Appeals found that Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, does not abrogate a state’s sovereign immunity when the misconduct complained of does not …
Article • August 15, 2012 • from PLN August, 2012
Fourth Circuit: Where Offer of Judgment is Silent as to Costs, Prevailing Party Entitled to Recover Attorney’s Fees by The Fourth Circuit Court of Appeals has held that “in an action brought under 42 U.S.C. § 1983, an offer of judgment pursuant to Fed.R.Civ.P. 68(a) which makes no mention of …
Article • August 15, 2012 • from PLN August, 2012
Ninth Circuit Grants Qualified Immunity to California Prison Officials for Denial of Outdoor Exercise During Lengthy Lock-down by On March 17, 2011, the Ninth Circuit Court of Appeals granted qualified immunity to California prison officials who had denied a prisoner outdoor exercise during a 15-month lockdown precipitated by a “particularly …
Article • August 15, 2012 • from PLN August, 2012
Tenth Circuit Affirms Denial of Qualified Immunity to Oklahoma Jail Official Who Failed to Follow Prescribed Medical Instructions by On October 14, 2011 the Tenth Circuit Court of Appeals affirmed a district court’s denial of summary judgment, on the ground of qualified immunity, to Payne County, Oklahoma jail administrator Brandon …
Article • August 15, 2012 • from PLN August, 2012
Filed under: CMS, Medical, HIV/AIDS
First Circuit Holds that Delay in Treating HIV May Constitute Deliberate Indifference by The First Circuit Court of Appeals reversed the grant of summary judgment to a physician assistant at the York County Jail (YCJ) in Maine, concluding that a material dispute existed as to whether the physician assistant acted …
Article • August 15, 2012 • from PLN August, 2012
New York Court of Appeals Holds Sex Offense Does Not Prove Parental Neglect by The New York Court of Appeals, the state’s highest court, has held that the fact that a defendant was convicted of a sex offense against a minor, was a level-three registered sex offender and had not …
Article • August 15, 2012 • from PLN August, 2012
New Jersey Appellate Court Holds Attorneys for Female Prisoners Temporarily Transferred to All-Male Facility May be Entitled to Fees by The Appellate Division of the Superior Court of New Jersey has held that the attorneys who represented a class of female prisoners temporarily transferred to the all-male New Jersey State …
Article • August 15, 2012 • from PLN August, 2012
Single Incident of Deliberate Indifference Insufficient to Establish Policy or Custom by The Eleventh Circuit Court of Appeals has affirmed a district court’s grant of summary judgment on the grounds that the plaintiff’s evidence, which indicated a single case of a constitutional violation, did not prove a private medical provider …
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