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Article • July 15, 2012
Vermont Guard-Lovers Barred From Working Same Shift by The Vermont Supreme Court upheld a Labor Relations Board (LRB) decision prohibiting a prison guard from working the same shift as her domestic partner. Since 1999, Charles Cross has worked as a Correctional Facility Shift Supervisor (CFSS) at Vermont's Northwest State Correctional …
Washington Cop Retaliation Nets $1.65 Million by On September 4, 2008, Vancouver, Washington officials agreed to pay a nationally decorated police officer $1,650,000 to settle racial discrimination and retaliation claims. In 2000, Officer Navin Sharma of the Vancouver Police Department (VPD) filed a racial discrimination complaint with the Equal Employment …
Article • July 15, 2012
Washington DOC Can Collect Incarceration Fees Waived by Trial Court by The Washington State Supreme Court has held that the Department of Corrections (DOC) “has independent statutory authority to collect costs of incarceration regardless of the trial court’s waiver of costs of incarceration in the judgment and sentence.” Additionally, it …
Article • July 15, 2012
Filed under: Organizing, Hunger Strikes, Food
Washington Force-Feeding Interests Outweigh Prisoner's Privacy Rights by The En Banc Washington State Supreme Court held that the State's interests in force feeding a prisoner outweighed his constitutional right to refuse artificial means of nutrition and hydration. In July 2004, Charles R. McNabb was transferred from the Spokane County Jail …
Article • July 15, 2012
Washington SVP Commitment Reversed for Improper Impeachment Evidence by The Washington State Court of Appeals reversed a lower court's civil commitment order under the State's Sexually Violent Predator Act (SVP). The Court held that the lower court erred in allowing an expert witness to be impeached by findings of fact …
Article • July 15, 2012
Filed under: Medical, Dental Care, Surgery
Seventh Circuit Court of Appeals Reinstates Prisoner's Deliberate Indifference Claim against Illinois Prison Medical Officials by By Derek Gilna In a decision published in July, 2010, the Seventh Circuit Court of Appeals vacated and remanded a decision from the United States District Court for the Southern District of Illinois. The …
Sixth Circuit: Prisoner’s “Insolent Speech” at Disciplinary Hearing Not Protected Under First Amendment by The Sixth Circuit Court of Appeals granted summary judgment to prison guards and nurses on a Michigan prisoner's retaliation, excessive force and denial of medical care claims. On July 21, 2004, Michigan prisoner James A. Lockett …
Article • July 15, 2012
Sixties Singer Torches Debt Collector's Car; Mocks Court by The former lead singer of the Sixties band, the Mindbenders, found himself on the wrong end of the law when he poured gasoline on a debt collector's car and set it on fire. On May 25, 2007, Wayne Fontana, also known …
Article • July 15, 2012
Filed under: Court Access
South Dakota: First Amendment Right of Access to Criminal Trials Extends to Civil Trials as Well by In September 2011, the Supreme Court of South Dakota issued a permanent writ of prohibition, effectively rescinding an order by the Honorable John J. Delaney, circuit court judge, which (1) imposed a gag …
Article • July 15, 2012
Supreme Court Considers Oklahoma Punitive Sterilization Issue by The U.S. Supreme Court reversed in June, 1942, an Oklahoma Supreme Court ruling upholding punitive sterilization of a state prisoner. Petitioner Skinner was convicted in 1926 of the crime of stealing chickens and sent to prison. In 1929 and 1934 he was …
Article • July 15, 2012
Tenth Circuit Court of Appeals Reverses Colorado District Court on Mail Issue; Jail Publication Ban Unconstitutional by The Tenth Circuit Court of Appeals has held that a prisoner made sufficient allegations to state a claim for infringement on a prisoner’s right to receive newspapers and magazines. Appellant Russell Berger, a …
Article • July 15, 2012
Tenth Circuit Reduces Attorney Fees under Federal Rule of Civil Procedure 68 in Police Excessive Force Settlement by The Tenth Circuit Court of Appeals applied an offer of judgment cutoff provision to reduce an attorney's fee award in a federal civil rights action. Norman T. Sussman and his wife Gabriele …
Article • July 15, 2012
Texas Gang Member Lockdown Without Hearing Upheld by The Fifth Circuit Court of Appeals upheld summary Judgment to prison officials on a Texas prisoner's involuntary administrative segregation claims. In March 2002, Texas prison officials learned that rival Hispanic gangs the Texas Syndicate (TS) and Raza Unida (RU), were planning a …
Article • July 15, 2012
Tight Budgets Push States to Consider Alternatives to Incarceration by In January 2012, the Center on Budget and Policy Priorities, together with the American Civil Liberties Union, released a report analyzing the use of official state estimates of the savings or costs of proposed legislation, specifically in the arena of …
Article • July 15, 2012
United States District Court in New York Sides with Prisoners in § 1983 Action against Former New York Governor George Pataki and Others by Derek Gilna United States District Court in New York Sides with Prisoners in § 1983 Action against Former New York Governor George Pataki and Others By …
Racial Critiques of Mass Incarceration: Beyond the New Jim Crow by James Forman, Jr. by James Forman, Jr.* In the last decade, a number of scholars have called the American criminal justice system a new form of Jim Crow. These writers have effectively drawn attention to the injustices created by …
Article • July 15, 2012 • from PLN July, 2012
From the Editor by Paul Wright The Prison Phone Justice Campaign is gaining momentum nationally. As announced in last month’s issue, a number of organizations, including the Human Rights Defense Center (the parent organization of Prison Legal News) have launched a campaign to end the practice of price gouging prisoners …
Minnesota Man Settles Lawsuit for $229,500 and Policy Changes to Assist Deaf Arrestees by A deaf Minnesota man has agreed to accept $229,500 and policy changes to settle a lawsuit that alleged violations of the Americans with Disabilities Act (ADA), the Rehabilitation Act (RA) and the Minnesota Human Rights Act …
Article • July 15, 2012 • from PLN July, 2012
Audits Identify Problems with Michigan Prisoner ReEntry Initiative by David Reutter by David M. Reutter Two audit reports, one by Michigan’s Office of the Auditor General in 2012 and the other by the State Budget Office in 2011, both found shortcomings with the Michigan Prisoner ReEntry Initiative (MPRI). Michigan took …
Article • July 15, 2012 • from PLN July, 2012
Florida DNA Mix-Up Raises Questions about Rapist’s Conviction by When the FBI informed the Florida Department of Law Enforcement (FDLE) that it had a recent “hit” on the DNA of convicted rapist Andrew Lingard, the FDLE realized there was a problem: Lingard had been in prison for the past four …
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