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Article • May 15, 2000 • from PLN May, 2000
BOP Prisoners Eligible for Drug Treatment Without Documented History of Abuse by A U.S. District Court in Oregon found a federal prisoner was eligible for participation in a drug treatment program and a one-year sentence reduction upon successful completion of that program. Martin Kuna, a prisoner at the Federal Correctional …
Article • May 15, 2000 • from PLN May, 2000
New Jersey Sex Offender Treatment Statute Creates Liberty Interest by The Third Circuit Court of Appeals reversed a district court's FRCP 12(c) dismissal of a prisoner's action stemming from a failure to provide sex offender treatment. The court held that the unique statutory scheme at issue created a liberty interest …
Article • April 15, 2000 • from PLN April, 2000
Prison Must Provide Medication Supply to Released Prisoners by by Matthew T. Clarke The Ninth Circuit has held that prison officials must provide a supply of medications to prisoners requiring medication when they are released from prison. Timothy Wakefield, a California state prisoner who requires psychotropic medication to control his …
Article • April 15, 2000 • from PLN April, 2000
Flight to Texas Execution 'Not Life Threatening' by Texas prisoner David Martin Long had a date with the nation's busiest executioner (who had already dispatched 31 souls in 1999) on Wednesday, December 8, 1999. But Long decided to go out on his own terms: prison guards found him unconscious from …
Qualified Immunity Granted for Pre-1996 ADA Violation by The court of appeals for the Sixth Circuit held that it was not clearly established before 1996 that the Americans with Disabilities Act, (ADA), and Rehabilitation Act of 1973, (Rehabilitation Act), apply to state prisoners. As such, the court concluded that prison …
ADA Applies to Parole Claims by The court of appeals for the Ninth circuit held that the Americans with Disabilities Act (ADA) applies to claims that prisoners are denied parole primarily due to past histories of substance abuse. The court held that habeas corpus is not the sole remedy for …
$1.5 Million Settlement in CA Jail Suicide Attempt by On June 6, 1996, a California man was arrested on charges of drunk driving after being involved in a traffic accident. He was unable to make bail and was confined in the Los Angeles county jail to await trial. While in …
PLRA Doesn't Apply to Civil Commitments by A federal district court in Massachusetts held that the PLRA does not apply to sexually dangerous people who are civilly committed, even when the facility they are housed in is in fact a prison administered by the state prison system. In 1975 a …
Article • February 15, 2000 • from PLN February, 2000
Whitestone Foundation by Whitestone Foundation Focusing on New Post-Sentence Civil Commitment Laws Whitestone Foundation exposes programs designed to warehouse sex offenders. Since organizing in 1998, Whitestone has gained national attention. Our missions: 1) provide critical analysis of civil commitment programs designed to re-incarcerate criminals in indefinite confinement (touted as mental …
California Guards Abuse Young Prisoners by Willie Wisely by W. Wisely In a developing investigation eerily reminiscent of the abuse, corruption, and cover-ups at Corcoran prison, California Youth Authority guards stand accused of beating, and setting up fights between, youthful offenders at Youth Correctional Facility (YCF) in Chino, California. A …
Article • February 7, 2000
$1.8 Million Award in Illinois Federal Prisoner’s Suicide by An Illinois federal district court awarded $1.8 million to the estate of a pretrial detainee who committed suicide at the Chicago Metropolitan Correctional Center (MCC). The evidence before The Court showed that Bob Johnson was incarcerated from December 1, 19992, until …
Article • January 15, 2000 • from PLN January, 2000
Florida DOC Curtails Use of Stun Belts by After several Florida circuit judges ordered the state prison system to stop using stun belts on prisoners, DOC Chief of Operations James Upchurch ordered the routine use of the of the belts temporarily discontinued, the Palm Beach Post reported in its 23 …
Article • December 15, 1999 • from PLN December, 1999
Virginia Juvenile Dies of Accidental Heart Attack by Dan Pens The state police were phoned and asked to send a trooper to formally charge Dandridge with assault. Meanwhile, Oak Ridge officials say, the youth was observed every five minutes through his cell door window. Nobody went into the cell to …
Article • December 15, 1999 • from PLN December, 1999
Sleep Deprivation Not Frivolous Claim by Ronald Young by Ronald Young The court of appeals for the Fifth circuit held that a prisoner's claim based on custodial classification was frivolous, and the prisoner's Eighth Amendment claim was frivolous insofar as it sought damages for emotional suffering. The court also held …
Brief • December 2, 1999
Filed under: Civil Commitment
Turay v. Seling, WA, Stipulations, Civil Commitment, 1999 Turay v. Seling ™ H • • • • HH • • • • PC-WA-004-003 Honorable William L. Dwyer 1 2 ENTERED 3 4 °tC 1 1999 J K 5 WASHINGTON DEPUTY 6 7 8 UNITED STATES DISTRICT COURT FOR THE WESTERN …
Suicides at Connecticut Prison Raise Concerns about Mental Health Care by Suicides at Connecticut Prison Raise Concerns About Mental Health Care In unrelated incidents, two women prisoners at the York Corr. Institution in East Lyme, Connecticut committed suicide within a ten-day period in March, 1999. Linda Hogan was found hanging …
Retaliatory Acts Need Not "Shock the Conscience" to be Actionable by by Matthew T. Clarke The Sixth Circuit court of appeals, sitting en banc, has held that prisoners who claim retaliation for constitutionally protected activities are no longer required to prove the retaliatory acts "shock the conscience." Instead, they must …
Article • October 15, 1999 • from PLN October, 1999
BOP Sentence Reduction Exclusion Based on INS Detainer Upheld by Ronald Young By Ronald Young The court of appeals for the Ninth circuit held that the Bureau of Prisons' (BOP) regulation conditioning a sentence on completion of a community-based treatment program was a reasonable and permissible construction of the statute …
Insanity, Brutality and Fatality: Florida's X-Wing Marks the End of the Line by Dan Pens Upon the ranks of such as we, They enforce their mastery. And yet we bleed the same as they, The tie that binds us day to day. The public interest uppermost, So some say while …
$90,000 Settlement in Utah Jail Suicide by On May 28, 1999, Salt Lake county, Utah, paid $90,000 to the family of a detainee who committed suicide in the county jail. Henry Delgado was arrested on Jul 16, 1997, on charges of assaulting a police officer, resisting arrest and carrying a …
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