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Article • December 15, 2007 • from PLN December, 2007
From the Editor by Paul Wright Long time readers of PLN may recall that from 1996 through 2004 John Midgley wrote our very popular Pro Se Tips and Tactics column with information on how prisoners could master civil procedure to vindicate their civil rights in court. John stopped writing the …
Problematic California Private Prison Sold to San Bernardino County by John Dannenberg by John E. Dannenberg In the continuing saga of a troubled private prison in Adelanto, California, the facility was sold to the County of San Bernardino for $31.2 million in February 2006. However, controversies haunted the county for …
Article • December 15, 2007 • from PLN December, 2007
Filed under: Commentary/Reviews
Prisoner’s Rights Profile: John Midgley by Todd Matthews Prisoner's Rights Profile: John Midgley An interview with Washington social justice attorney John Midgley by Todd Matthews "The most important thing about prison work is it's fundamentally about human rights," says John Midgley, a Seattle attorney who has worked in the fields …
Missouri: New State Law Conceals Identity of Executioners by John Dannenberg by John E. Dannenberg Missouri enacted a new law declaring the identity of those personnel participating in the execution process to be a state secret. The statute provides a legal cause of action for damages and punitive damages against …
National Conference for Prison Book Projects Held in Urbana-Champaign by Brian Dolinar On November 3, 2007, a conference in Urbana-Champaign, Illinois brought together 88 participants from 29 different prison book projects across the country. A similar event of this kind has not taken place since a 2002 conference in Philadelphia. …
California DOC Settles Federal Suit to Permit Bible Study Materials; Establishes Pilot Program For Screening Books and CDs by John Dannenberg by John E. Dannenberg The California Department of Corrections and Rehabilitation (CDCR) settled a lawsuit brought by Jesus Christ Prison Ministry (JCPM) that sought to overcome CDCR's rigid bar …
Article • December 15, 2007
Eye Loss from Guard Assault Nets $162,500 For DC Prisoner by A District of Columbia (DC) prisoner who lost an eye when a guard beat him, was awarded $162,500. Mr. Quander, a 39-year-old black prisoner was beaten with a radio by a Hispanic prison guard. Quander's left eye was damaged …
Both Thumbs, One Finger Amputated Nets Prisoner $25,000 by A New York prisoner whose thumbs and left ring finger were amputated was awarded $25,000. Mr. Saleh, a 31-year-old New York prisoner, was a carpentry student. While operating a circular saw, making name plates, he suffered "a traumatic amputation of the …
Article • December 15, 2007
Head Games by Alan Prendergast At least one out of every five Colorado prisoners is mentally ill -- some violent, some undetected or untreated. How did the Big House become the Bug House? By Alan Prendergast Talk all you want about bad men and madmen. The truly scary ones are …
Article • December 15, 2007
Arresting Protestors Without Warrant Verdict Upheld by The Court of Appeals for the District of Columbia affirmed a jury verdict finding the class plaintiff's rights were violated when they were arrested on the U.S. Capitol steps without warrant. The class plaintiffs, who were Congressman Ronald V. Dellums, engaged in a …
Article • December 15, 2007
Maryland Public Information Act Requires Disclosure of Criminal Case File To Defendant by Maryland's Court of Special Appeals has held that a criminal defendant is entitled to disclosure relating to his prosecution for murder upon request under the Maryland Public Information Act (MPIA) once there is no pending proceeding. Maryland …
Michigan DOC Employees Immune From State Court Damages for Raping Women Prisoners by The Michigan Court of Appeals has held that claims for monetary damages from violations of The Michigan Constitution do not exist against individual government employees. Such claims, however, may ensue for violations of Michigan's Civil Rights Act. …
Article • December 15, 2007
Disclosure of HIV-Status is Constitutional and Tort Claim in Wisconsin by On August 29, 1991, a Wisconsin court of appeals held that a trial court should not have granted jail officials' motion for summary judgment on a prisoner's Constitutional- and tort-based claims for publicizing his HIV status. Roger M. Hillman, …
Article • December 15, 2007
Intent--Not Ability--To Transmit HIV Matters in Attempted Murder Trial by On October 31, 1991, an Indiana court of appeals held that the intent of a person who was resisting police to transmit HIV determined whether he was guilty of attempted murder, not his actual ability to transmit the virus. Donald …
Article • December 15, 2007
Prima Facie Showing of Actual Innocence Defeats Texas Successive Writ Rule by On April 4, 2007, the Texas Court of Criminal Appeals held that a state prisoner may defeat the rule against filing a successive state application for a writ of habeas corpus, Article 11.07, Section 4, Texas Code of …
Article • December 15, 2007
Arizona Applies PLRA to State Court § 1983 Suits by by Bob Williams Relying on the Prison Litigation Reform Act (PLRA) language providing no action shall be brought without exhaustion of remedies, and upon Congress' desire that federal rights laws be applied uniformly within each state, the Arizona court of …
Article • December 15, 2007
Guards Injured Off Duty Assisting Accident Victims Not Entitled to Benefits by Ryan Pettigrew petitioned for a writ of review in the Third District California Appellate Court when he was denied workers' compensation after being injured while helping victims and guards at the scene of a traffic accident. The court …
One-Off Offing: Why You Won't See a Disbarment Like Mike Nifong's Again by David Feige By David Feige Posted Monday, June 18, 2007, at 6:04 PM ET Now that justice has prevailed in the Duke rape case, with the nice innocent boys exonerated and the prosecutor who hounded them disbarred, …
Article • December 15, 2007
Massachusetts’ Corrections Commissioner Has Duty to Comply with Court’s Transfer Order by Massachusetts' Corrections Commissioner Has Duty to Comply with Court's Transfer Order The First Circuit Court of Appeals has held that a district court has authority to order a Corrections Commissioner to transfer prisoners to create constitutional conditions. That …
Article • December 15, 2007
Tennessee Act Exempts Only Pending Investigative Materials From Public Disclosure by City of Memphis Police Department Director, John Holt, sought reversal of a Tennessee Court of Appeals affirmation of an order allowing closed investigative file access to the Memphis Publishing Company (media). The order was affirmed. A shootout ensued in …
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