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Cunningham v. Federal Bureau of Prisons, CO, Complaint, Bacote supermax conditions, 2012
Brief • June 18, 2012
Filed under: Eighth Amendment, Control Units/SHU/Solitary Confinement
Cunningham v. Federal Bureau of Prisons, CO, Complaint, Bacote supermax conditions, 2012 Case 1:12-cv-01570 Document 1 Filed 06/18/12 USDC Colorado Page 1 of 108 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. MICHAEL BACOTE, HAROLD CUNNINGHAM, JOHN W. NARDUCCI, JR., JEREMY PINSON, and ERNEST …
Owens v. Stalder, LA< Report and Recommendation, Miscalculated Good Time, 2012
Brief • June 16, 2012
Filed under: Good Time
Owens v. Stalder, LA< Report and Recommendation, Miscalculated Good Time, 2012 Case 1:08-cv-00768-JTT-JDK Document 69 Filed 04/16/12 Page 1 of 29 PageID #: 679 Case 1:08-cv-00768-JTT-JDK Document 69 Filed 04/16/12 Page 2 of 29 PageID #: 680 Case 1:08-cv-00768-JTT-JDK Document 69 Filed 04/16/12 Page 3 of 29 PageID #: 681 …
Death Sentences, Executions Remain at Low Levels
Article • June 15, 2012 • from PLN June, 2012
Filed under: Statistics/Trends, Death Penalty/Death Row, Death Penalty, Death Row
Death Sentences, Executions Remain at Low Levels by Justin Miller According to a report released by the Death Penalty Information Center last December, there were 78 new death sentences imposed in 2011, down significantly from 104 in 2010 and the fewest new death sentences since capital punishment was reinstated in …
Dallas County Passes Jail Inspections ... Finally
Article • June 15, 2012 • from PLN June, 2012
Filed under: Medical, Systemic Medical Neglect, Totality of Conditions, Fire Hazards, Jail Specific, Failure to Treat (Mental Illness)
Dallas County Passes Jail Inspections ... Finally by It took eight tries over seven years, but the nation’s seventh-largest jail system, located in Dallas County, Texas, has finally started passing inspections by the Texas Commission on Jail Standards (TCJS), most recently in March 2012. Adam Munoz, executive director of the …
California Lifers: Deaths Exceed Parole Releases
Article • June 15, 2012 • from PLN June, 2012
Filed under: Sentencing, Parole, Three Strikes
California Lifers: Deaths Exceed Parole Releases by John Dannenberg by John E. Dannenberg Between 2000 and 2010, 775 California lifers died in prison while 674 were granted parole. Those statistics, released by the California Department of Corrections and Rehabilitation (CDCR) pursuant to a public records request, reflect the grim reality …
Michigan Sex Offender’s Suicide Results in Changes to Sex Offender Registry Law
Article • June 15, 2012 • from PLN June, 2012
Filed under: Discrimination, Sex Offender Registration, Sex Offenders (Discrimination), Suicides
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
Article • June 15, 2012 • from PLN June, 2012
Filed under: Racial Discrimination, Prisoner Privileges, Rehabilitation/Recidivism, Title VII
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 …
Hawaii ACLU Files Suit on Behalf of Women Who Want to Marry Prisoners
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
Article • June 15, 2012 • from PLN June, 2012
Filed under: Primecare Medical, Systemic Medical Neglect, Dental Care, Conditions of Confinement, Staffing
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 …
Guard Who Identified Over 100 Prison Rioters Pleads Guilty to Contraband Charge
Article • June 15, 2012 • from PLN June, 2012
Filed under: Guard Misconduct, Organizing, Prison Rebellion
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
Article • June 15, 2012 • from PLN June, 2012
Filed under: Police Misconduct, Prosecutor/Attorney General Misconduct, Disciplinary Hearings, Malicious Prosecution, Wrongful Conviction, Wrongful Imprisonment
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 …
Oregon Increases Sex Offender Registration Requirements
Article • June 15, 2012 • from PLN June, 2012
Filed under: Discrimination, Sex Offender Registration, State Legislation
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 …
Washington Prison Video Surveillance Recordings Exempt from Disclosure Under Public Records Act
Article • June 15, 2012 • from PLN June, 2012
Filed under: Videotaping, Disclosure of Records, News, State Legislation
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 …
Florida Closes Oldest Boy’s School, Best Known for Abusive Past
Article • June 15, 2012 • from PLN June, 2012
Filed under: Juveniles, Failure to Protect (Juveniles), Juvenile Prisons
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, …
Federal Investigation, Prosecution Targets Indiana Sheriff’s Officers
Article • June 15, 2012 • from PLN June, 2012
Filed under: Misconduct/Corruption, Police Misconduct, Criminal Prosecution
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 …
Failure to Advise Defendant of Ineligibility for Early Release Credits Renders Guilty Plea Invalid
Article • June 15, 2012 • from PLN June, 2012
Filed under: Guilty Pleas, Sentencing, Good Time
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
Article • June 15, 2012 • from PLN June, 2012
Filed under: Staff-Prisoner Assault, Prisoner-Prisoner Assault, Private Prisons, Corrections Corporation of America/CoreCivic
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”
Article • June 15, 2012 • from PLN June, 2012
Filed under: Religious Discrimination, RLUIPA, Immunity/Liability, Contractor Liability, Denial of Religious Services, Religious Property
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 …
Ohio Wrongful Conviction Results in $2.59 Million Settlement
Article • June 15, 2012 • from PLN June, 2012
Filed under: DNA Testing/Samples, Sentencing, Wrongful Conviction, Wrongful Imprisonment
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 …
Ninth Circuit Holds No Due Process Right Created by California’s Parole Scheme
Article • June 15, 2012 • from PLN June, 2012
Filed under: Parole, Federal Statutory Law, AEDPA
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 …
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