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Article • September 15, 2007 • from PLN September, 2007
From the Editor by Paul Wright About the only bad thing about publishing a magazine for 17 years is that invariably we lose friends and supporters. Noting the passing of friends is the sole thing I dislike about editing PLN. Moreso when we are talking about some of the unsung …
Article • September 15, 2007 • from PLN September, 2007
Florida Jails: State’s Largest Mental Health Providers by David Reutter Florida Jails: State's Largest Mental Health Providers by David M. Reutter Florida's policy of allowing mentally ill citizens to languish without treatment until they have encounters with law enforcement has turned the state's county jails into the primary provider of …
Article • September 15, 2007 • from PLN September, 2007
Chains of Love by Siobhan O'Connor by Siobhan O?Connor Nearly half a million women are married to men in prison. Maintaining these relationships involves a constant struggle with an often unsupportive penal system, despite growing evidence that a healthy marriage is one of the best tools for rehabilitation. Welcome to …
Gannet New Jersey’s Witch Hunt for Public Employees with Criminal Records by Matthew Clarke Gannet New Jersey's Witch Hunt for Public Employees with Criminal Records by Matthew T. Clarke The media in New Jersey, spearheaded by Gannett New Jersey publications, has embarked on a campaign to root out public employees …
Colorado Investigates Former Prison Director for Malfeasance Following State Audit by The Colorado State Auditor completed a review of the state's private prison contracts in November 2006. The audit found that former Director of Prisons Nolin Renfrow's "private business activities arguably present a conflict of interest and result in a …
Article • September 15, 2007 • from PLN September, 2007
Collection-Rate of Appellate Costs Taxed to Prisoner Reduced to Rate for PLRA Filing-Fees by John Dannenberg by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals held that the payment of $1,619 in costs owed to Michigan state by an unsuccessful prisoner litigator could not be deducted from his …
Article • September 15, 2007 • from PLN September, 2007
Direct Contempt of U.S. Court Must Be in Court’s Presence; Conviction Reversed by Direct Contempt of U.S. Court Must Be in Court's Presence; Conviction Reversed The Second Circuit U.S. Court of Appeals reversed the direct contempt conviction (18 U.S.C. 401(1)) of the wife of a civil suit plaintiff who had …
Evidentiary Hearing Ordered For AEDPA Equitable Tolling Claim Arising From Transfer to Out-Of-State Prison by The Ninth Circuit U.S. Court of Appeals ordered the U.S. District Court (D. Ore.) to conduct an evidentiary hearing to determine if ample facts supported two Oregon state prisoners? claims that their involuntary transfers to …
Article • September 15, 2007 • from PLN September, 2007
Refusal to Give Nitro Tablets to Prisoner With Chest Pain Actionable by Matthew Clarke by Matthew T. Clarke The Fifth Circuit court of appeals held that a prisoner with a history of heart trouble who was denied any treatment for his chest pain could sue the nurse who denied him …
Article • September 15, 2007 • from PLN September, 2007
Nevada Psychological Review Panel Hearings Subjected to Open Meeting and Constitutional Due Process Requirements by Matthew Clarke by Matthew T.Clarke In two related cases, the Supreme Court of Nevada held that sex offender certification hearings held by the Nevada Psychological Review Panel (PRP) were subject to the Nevada open meeting …
Article • September 15, 2007 • from PLN September, 2007
Wisconsin Over Detention Suit Not Barred by Rooker-Feldman Doctrine by The Seventh Circuit Court of Appeals reversed a lower court?s dismissal of a prisoner?s suit related to a delay in granting time served credits. The court concluded that plaintiff?s claims were not barred by the Rooker-Feldman doctrine. In 1997, Reginald …
No Qualified Immunity for Ignoring Heart Condition Leading to Prisoner’s Death by No Qualified Immunity for Ignoring Heart Condition Leading to Prisoner's Death The Eighth Circuit Court of Appeals upheld a lower court's denial of qualified immunity to jail officials who ignored a detainee's medical distress, causing his death. Walter …
Article • September 15, 2007 • from PLN September, 2007
Filed under: News, News in Brief
News in Brief: by Colorado: On November 1, 2006, Lashawn Terrell, 36, a guard at the Denver Reception and Diagnostic Center was arrested and charged with raping a female prisoner at the facility over a five month period whenever the prisoner came to work at the facility. Florida: On April …
Article • September 15, 2007 • from PLN September, 2007
O.K. to Ban Suspicious Indiana Sex Offender from Parks by The Seventh Circuit Court of Appeals held that a registered sex offender who had been observed behaving suspiciously could be permanently banned from a city?s parks. Robert Brown, a registered sex offender who had a single conviction for child molestation, …
Management & Training Corp. Struggles to Maintain Market Share by Gary Hunter For-profit private prison operator Management & Training Corporation (MTC) has recently lost lucrative contracts to run prisons in the United States and Canada. While the private prison industry is dominated by industry giants Corrections Corporation of America, Geo …
Sixth Circuit Now Permits § 1983 Complaint to Proceed Even if Prisoner Did Not Initially Plead Exhaustion Below by John Dannenberg by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals has vacated its precedent which held that a prisoner had an affirmative burden to plead exhaustion of administrative …
20 Florida Prison Officials Fired or Suspended After Prisoner Beating, Party by David Reutter by David M. Reutter Continuing his quest to clean up the chronically corrupt Florida Department of Corrections (FDOC), Secretary James McDonough fired or suspended at least 20 officials at Hendry Correctional Institution (HCI) for actions related …
Article • September 15, 2007 • from PLN September, 2007
Ohio Lawyer Suspended for Bilking Prisoners’ Families by Ohio Lawyer Suspended for Bilking Prisoners' Families On November 1, 2006, Ohio's Supreme Court suspended attorney Derek A. Farmer from the practice of law for two years. Admitted to the bar in 1999, Farmer became known as a prisoners' lawyer, maintaining a …
Florida’s Civil Commitment Center Exhibits Little Change Despite New Contractor by David Reutter Florida's Civil Commitment Center Exhibits Little Change Despite New Contractor by David M. Reutter Despite recent scandals and a new private contractor, the Florida Civil Commitment Center (FCCC) is still a facility with little direction other than …
Connecticut Takes Cut of Prisoner Judgments and Inheritances by Matthew Clarke by Matthew T. Clarke Connecticut has enhanced its use of a state law (C.G.S.A. § 18-85a) that allows it to recover costs of incarceration from prisoners, targeting prisoners who benefit from a ?windfall? such as an inheritance, insurance settlement, …
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