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Michigan Sex Offender’s Suicide Results in Changes to Sex Offender Registry Law by Matthew Clarke by Matt Clarke When 17-year-old Justin Fawcett admitted to having consensual sex with a 14-year-old student at the same high school he attended in West Bloomfield, Michigan, he probably never thought that that youthful dalliance …
Background Checks that Bar Employment of Ex-offenders May Violate Civil Rights by A report by the National Employment Law Project (NELP) released in March 2011 concluded that the growth in background checks by employers, combined with a lack of enforcement of civil rights and consumer protections for an estimated 65 …
Article • June 15, 2012 • from PLN June, 2012
Filed under: Family, Marriage
Hawaii ACLU Files Suit on Behalf of Women Who Want to Marry Prisoners by Alex Friedmann On May 15, 2012, the ACLU of Hawaii filed a lawsuit in federal court accusing the state Department of Public Safety (DPS) of unlawful discrimination by prohibiting four women from marrying Hawaii prisoners housed …
Class-Action Settlement Cures Constitutional Violations at Pennsylvania Prison by A settlement has been reached in a class-action lawsuit challenging conditions at Pennsylvania’s Northumberland County Prison (NCP). Since the suit was filed in February 2008 on behalf of 12 prisoners by the Lewisburg Prison Project, NCP officials had disputed claims that …
Article • June 15, 2012 • from PLN June, 2012
Guard Who Identified Over 100 Prison Rioters Pleads Guilty to Contraband Charge by A Kentucky prison guard who identified more than 100 prisoners who allegedly participated in a 2009 riot was later arrested for bringing contraband into the same facility where the riot occurred. PLN previously reported on the riot …
Wrongful Convictions Prove Costly, Especially for the Wrongly Convicted by Matthew Clarke by Matt Clarke On June 6, 2011, the Better Government Association (BGA) and the Center on Wrongful Convictions (CWC) at Northwestern University School of Law released a joint report on the cost of wrongful convictions. The report, which …
Article • June 15, 2012 • from PLN June, 2012
Oregon Increases Sex Offender Registration Requirements by The State of Oregon posts online, in a publicly-accessible registry, information related to around 700 “predatory” or sexually violent sex offenders. A bill introduced in the state legislature in 2011 would have increased the number of sex offenders listed online to more than …
Article • June 15, 2012 • from PLN June, 2012
Washington Prison Video Surveillance Recordings Exempt from Disclosure Under Public Records Act by Michael Brodheim by Mike Brodheim In an unpublished opinion, the Court of Appeals of the State of Washington affirmed a trial court’s order dismissing an action filed by a state prisoner who alleged that the Department of …
Article • June 15, 2012 • from PLN June, 2012
Florida Closes Oldest Boy’s School, Best Known for Abusive Past by Despite a reputation for brutality, the Arthur G. Dozier School for Boys in Marianna, Florida remained in operation until budget cuts forced its closure in June 2011. The facility, which opened in 1900 as the Florida State Reform School, …
Article • June 15, 2012 • from PLN June, 2012
Federal Investigation, Prosecution Targets Indiana Sheriff’s Officers by Derek Gilna Several Lake County, Indiana Sheriff’s Department employees were the subject of a federal investigation into a gun-running scheme that resulted in criminal charges. Lake County Sheriff John Buncich placed six staff members on administrative leave and stripped them of their …
Article • June 15, 2012 • from PLN June, 2012
Failure to Advise Defendant of Ineligibility for Early Release Credits Renders Guilty Plea Invalid by A trial court’s failure to advise a defendant of his or her ineligibility for early release credits renders a guilty plea unknowing and involuntary, the Division Three Court of Appeals for the State of Washington …
CCA Anti-Prison Rape Shareholder Resolution Fails to Pass by As previously reported in Prison Legal News, PLN associate editor Alex Friedmann, who owns a small amount of stock in Corrections Corporation of America (CCA), filed a shareholder resolution with the company in November 2011. The resolution requested that CCA issue …
Ninth Circuit Rules that Washington DOC Religious Contractor Not a “State Actor” by Congregation Pidyon Shevuyim, N.A., a private Jewish organization that contracted with the Washington Department of Corrections (DOC), may not be sued under 42 U.S.C. § 1983 or the Religious Land Use and Institutionalized Persons Act (RLUIPA), the …
Article • June 15, 2012 • from PLN June, 2012
Ohio Wrongful Conviction Results in $2.59 Million Settlement by On April 25, 2011, Raymond D. Towler, 53, received a settlement of $2,592,571 after serving almost 29 years for a rape he didn’t commit. The award included a $600,000 annuity to provide ongoing monthly payments plus a $1.91 million lump sum …
Article • June 15, 2012 • from PLN June, 2012
Ninth Circuit Holds No Due Process Right Created by California’s Parole Scheme by The Ninth Circuit Court of Appeals has decisively dismissed any lingering hopes that the federal courts might continue to review denials of parole to California prisoners, in order to determine whether such denials were supported by “some …
Arizona Jails Refuse to Incarcerate Some Offenders by In 2007, Glendale, Arizona resident Robert Ortis, 41, had an appetizer and a few drinks at a business lunch. Driving from the lunch to his nephew’s house, he began to feel weak and turned red. He recognized a high blood pressure event …
Article • June 15, 2012 • from PLN June, 2012
California Study Finds State Prison Overcrowding Driven by County Policy Decisions, Not Violent Crime Rates by A June 2011 study by Santa Clara University criminal law professor W. David Ball examines the extent to which overcrowding in California’s prisons is a function of decisions made at the county level about …
Article • June 15, 2012 • from PLN June, 2012
Pennsylvania Prison Guard Convicted in Drug Probe, Testifies Against Coworkers by Former Luzerne County Correctional Facility guard John Gonda, known as “G-Unit,” was the subject of an investigation called Operation Avalanche after authorities received tips he was selling “large quantities [of drugs] in the Wilkes-Barre area.” The probe targeted the …
Article • June 15, 2012 • from PLN June, 2012
Judge, Not Jury, Must Resolve Questions about Administrative Exhaustion by Factual disputes surrounding whether a prisoner properly exhausted administrative remedies under the Prison Litigation Reform Act (PLRA) prior to filing suit must be resolved by the court, not a jury, the U.S. Court of Appeals for the Second Circuit held …
$500,000 Settlement in Pennsylvania Jail Prisoner’s Medical-Related Death by A $500,000 settlement has been reached in a federal lawsuit involving the death of a prisoner at Pennsylvania’s Fayette County Prison. Terry Johnson, 48, died in his cell in February 2007 after he was denied medical care. The suit, filed by …
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