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American Friends Service Committee - From the Inside Out, 2016 “FROM THE INSIDE OUT” A report by the Prison Watch Community Oversight Initiative December 2016 Issue #1 This report was created by Program Director Bonnie Kerness (973-410-3978/ bkerness@afsc.org), Interns Rachel Frome and Marshall Justice Rountree, and with further assistance from …
Brief • November 23, 2016
Adams v. Spokane County, WA, Settlement, Public Records Request, 2016 RELEASE OF ALL CLAIMS FOR AND IN CONSIDERATION of the sum of Three Thousand Five Hundred Dollars and 00/100 ($3,500.00) the receipt of which is hereby acknowledged, JAMES V. ADAl"'VIS, being of lawful age, does hereby release, acquit, and forever …
Abu Zubaydah: Torture’s “Poster Child” by Marjorie Cohn In August, Abu Zubaydah, who has been imprisoned at Guantanamo for 14 years without being charged with a crime, appeared for the first time before the U.S. military Periodic Review Board, which determines whether Guantanamo detainees will continue to be held as …
A Primer on Prisoners’ Constitutional Rights by Alex Friedmann Prison Legal News (PLN) regularly reports on prison and jail-related court decisions involving violations of prisoners’ constitutional rights. Those who are new to the arena of civil rights litigation and unfamiliar with prisoners’ few remaining rights may need a basic introduction …
Maryland DOC Suspends Volunteer, Drops Literature Program by Mikita Brottman led a reading and discussion group for nine Maryland prisoners serving life sentences at the Jessup Correctional Institution. A professor of literature at the Maryland Institute College of Art and a psychoanalyst, Brottman volunteered her time for two hours a …
Article • November 8, 2016 • from PLN November, 2016
United Kingdom: Prison Book Ban Overturned by Derek Gilna A writ filed by Barbara Gordon-Jones, a prisoner at HM Prison Send in Surrey, southwest of London, resulted in the reversal of a policy instituted by the British government that effectively prevented prisoners from receiving books from friends and family members. …
Article • November 8, 2016 • from PLN November, 2016
Eleventh Circuit Reverses Finding that Seizure of Prisoner’s Legal Mail Stated Claim by A Georgia federal district court, in denying a motion to dismiss, found an attorney has a Fourth Amendment right to “privacy and possessory interest in letters mailed to him, and that the government may not take and …
Fifth Circuit Holds Four Decades in Solitary Confinement Implicates Liberty Interest; Last Angola 3 Member Finally Released by Matthew Clarke On December 17, 2014, the Fifth Circuit Court of Appeals held that holding a prisoner in solitary confinement for almost 40 years implicated a liberty interest, and that prison officials …
Article • November 7, 2016 • from PLN November, 2016
From the Editor by Paul Wright By now everyone should have received our special fundraiser issue, which includes our 2015 annual report. We don’t get many visitors to our office in Lake Worth, Florida, and when we do reactions tend to fall into two categories when people realize we have …
Texas Court of Criminal Appeals Upholds Conviction for Contacting Victim by Lonnie Burton On April 27, 2016, the Texas Court of Criminal Appeals upheld the conviction of a Texas state prisoner for Improper Contact with a Victim. David Schlittler was convicted of aggravated sexual assault of his five-year-old stepdaughter. He …
Wisconsin Jail Policies Unconstitutional But Not Enjoined by Mark Wilson A Wisconsin federal court held that a jail's disciplinary, mail, and publication rules were unconstitutional. The court declined to enjoin those practices, however, essentially rendering its holding a mere advisory opinion. On September 29, 1970 pretrial detainees of the Milwaukee …
Nevada Prisoner Receives $500, Other Considerations, in Settlement of Complaint Asserting Numerous Civil Rights Violations by Lonnie Burton On April 18, 2016, the Nevada Department of' Corrections (NDOC) agreed to pay a state prisoner $500 and make other policy changes' as part of a settlement agreement resolving the federal civil …
Article • October 25, 2016
Eleventh Circuit Affirms Dismissal of Pretrial Detainee's Lawsuit for Unsanitary Conditions, Due Process Violations by Lonnie Burton On August 29, 2016, a three-judge panel of the Eleventh CircA.t U.S. Court of Appeals upheld an order of a federal district court in Alabama which dismissed the lawsuit of a pretrial detainee …
Article • October 25, 2016
Eighth Circuit Finds No Constitutional Right to Communicate in Chinese by Lonnie Burton On August 15, 2016, the Eighth Circuit U.S. Court of Appeals upheld the dismissal of a case filed by a Chinese-born Missouri state prisoner who had his mail to and from China repeatedly rejected by prison officials. …
Brief • October 6, 2016
Filed under: Medical Records, Mail
Faulkner v. Washington DOC, WA, Settlement, Access to Medical Records, 2016 1 2 3 4 5 6 7 STATE OF WASlilNGTON 8 WALLA WALLA COUNTY SUPERIOR COURT 9 CLARENCE J. FAULKNER, Plaintiff, 10 11 12 NO. 16-2-00465-3 RELEASE AND SETTLEMENT AGREE:MENT v. WASHINGTON DEPARTMENT OF CORRECTIONS (WDOC), 13 Defendant. 14 …
Article • October 3, 2016 • from PLN October, 2016
Oregon Post-conviction Judgment Violates State Law by Mark Wilson Last year the Oregon Court of Appeals reversed a lower court’s judgment denying a prisoner’s collateral appeal, because the judgment violated state law. Following the direct appeal of a conviction and sentence to the Court of Appeals and state Supreme Court, …
Article • September 29, 2016
Filed under: Due Process
Missouri Supreme Court Invalidates Red Light Camera Ordinances by Mark Wilson The en banc Missouri Supreme Court held on August 18, 2015 that red light camera enforcement ordinances in three cities were invalid because they violated state law or due process. The City of St. Peters, Missouri enacted ordinance 4536, …
Brief • September 23, 2016
ACLU Fund of MI v. Livingston County, MI, Order of Voluntary Dismissal, Postcard-only Policy, 2016 2:14-cv-11213-DPH-RSW Doc # 95 Filed 09/23/16 Pg 1 of 5 Pg ID 1253 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGAN, Plaintiff, …
Article • September 9, 2016
Filed under: Mail, Internet
Minnesota State Prisoners Gain Access to Email by Derek Gilna A modified email system has been established by Minnesota prison system to allow state prisoners to receive, but not send emails to approve outside parties. This week the state began allowing all in state prisons to receive printed emails sent …
Article • September 8, 2016
Virginia Supreme Courts Upholds Conviction of Man Forced to Stand Trial in Jail Clothes by Lonnie Burton On June 2, 2016, the seven judge Virginia Supreme Court affirmed a court of appeals decision to uphold the conviction of a defendant who had a jury trial while wearing jail-issued attire. The …
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