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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 …
California U.S. District Court Holds that Prop. 9 Does Not Supersede Previously-Issued Injunction Regarding Parole Revocation Procedures by John Dannenberg by John E. Dannenberg Senior U.S. District Court Judge Lawrence K. Karlton has upheld a 2004 injunction that conflicts with the parole revocation provisions of California’s so-called Victims’ Bill of …
U.S. Department of Justice Soft on Corporate Crime by If you’ve wondered why no one has been prosecuted for the corporate misdeeds that devastated the economy in 2008 and nearly thrust the United States into another Great Depression, you’re not alone. The reason no Wall Street executives have faced charges …
New Jersey Comptroller Criticizes, Questions Halfway House Contracts by Derek Gilna In a June 15, 2011 letter and separate audit report, the New Jersey State Comptroller’s office sharply criticized a number of issues related to the Department of Corrections’ (DOC) contracts with private halfway houses. Singled out for special attention …
Article • July 15, 2012 • from PLN July, 2012
Former California Assistant Sheriff Awarded $183,688 in Backpay Despite State and Federal Convictions by The California Court of Appeal has held that former Orange County Assistant Sheriff George Jaramillo is entitled to backpay of $183,688.66 from the time he was improperly fired from the sheriff’s department in March 2004 until …
Article • July 15, 2012 • from PLN July, 2012
Ohio Prison Guards Denied Qualified Immunity for Leaving Prisoner Handcuffed for 12 Hours by The Sixth Circuit Court of Appeals reversed a district court’s grant of qualified immunity to prison officials in a federal civil rights action alleging violations of a prisoner’s rights under the Eighth Amendment. Ohio state prisoner …
Article • July 15, 2012 • from PLN July, 2012
PLN Lawsuit Ends No-Publication Policy at Washington Jail, Results in $180,000 Settlement by Less than 90 days after PLN filed suit challenging a no-publication mail policy at Washington State’s Chelan County Regional Justice Center (RJC), the defendants conceded the policy was unconstitutional and agreed to the entry of a consent …
California Plans to End Out-of-State Prisoner Transfers by David Reutter by David M. Reutter On November 8, 2010, Corrections Corporation of America (CCA) issued a press release announcing that the California Department of Corrections and Rehabilitation (CDCR) intended to award a new contract to the company, “to manage up to …
Article • July 15, 2012 • from PLN July, 2012
Texas Prison System Increases Prisoners’ Monthly Phone Minutes by Matthew Clarke by Matt Clarke In 2007, when Texas became the last state in the nation to let prisoners make phone calls on a regular basis, the limit on phone usage was 120 minutes a month. [See: PLN, Nov. 2007, p.11]. …
Article • July 15, 2012 • from PLN July, 2012
Oklahoma Taxpayers Foot $13.5 Million Settlement Bill for Sexual Abuse by Jailers by David Reutter by David M. Reutter The general public typically shows little concern about abuse and corruption in jails and prisons, at least until it affects them personally. That was the case when residents in Delaware County, …
California Prisoners Seek End to Long-Term Segregation, Oppressive SHU Conditions by There are many forms of political and social protest. They can be purely for the sake of being disruptive or they can aim for resolution of a particular issue. Of course, even when they seek the latter they invariably …
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