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Pennsylvania Prisoner’s $185,000 Jury Award Reduced to $75,005 by Matthew Clarke by Matt Clarke On June 7, 2011, a Pennsylvania federal judge issued an order reducing a prisoner’s jury award for destruction of legal materials to $75,005. The award had previously been reduced from $185,000 to $115,000. Andre Jacobs, a …
Article • May 15, 2012 • from PLN May, 2012
Filed under: News
Alabama Uses Federal Stimulus Money to Prop up Prison System by Alabama allocated 11% of its federal education stimulus funds to its prison system. Of the $1.1 billion the state received from the U.S. Department of Education from 2009 to 2010, the state gave more than $118 million to the …
Class Certified in Lawsuit Challenging Conditions at CCA-operated Indiana Jail, but Case Dismissed on Summary Judgment by David Reutter by David M. Reutter An Indiana federal district court certified a class and allowed claims to proceed that challenged unsafe conditions, lack of medical privacy and an alleged incentive scheme that …
Civil Commitment Must be Challenged through Commitment Proceedings Instead of Habeas Corpus by Brandon Sample A federal prisoner challenging his or her civil commitment detention under the Adam Walsh Act (Act) as a “sexually dangerous person” may not resort to habeas corpus for such challenges, the U.S. Court of Appeals …
Article • May 15, 2012 • from PLN May, 2012
New Mexico Judge Arrested for Raping Prostitute by New Mexico State District Judge Albert S. “Pat” Murdoch – the chief criminal court judge in Albuquerque – was arrested on July 19, 2011 and charged with criminal sexual penetration and intimidation of a witness. According to the criminal complaint, a detective …
Article • May 15, 2012 • from PLN May, 2012
Third Circuit: § 2241 is Proper Vehicle for BOP IFRP Challenges by Mark Wilson Third Circuit: § 2241 is Proper Vehicle for BOP IFRP Challenges by Mark Wilson The Third Circuit Court of Appeals held on December 2, 2010 that a federal habeas corpus petition under 28 U.S.C. § 2241 …
Seven Argentine Military Officials Sentenced for Crimes against Prisoners by During the time of Argentina’s American-backed dirty war against political dissidents, from 1976 to 1983, the military junta that was running the country ran a network of prisons and concentration camps, including a prison in a working class suburb of …
Article • May 15, 2012 • from PLN May, 2012
Filed under: News, News in Brief
News in Brief by Arizona: Former state prison guard Anthony Rinaldi, 26, allegedly shot and killed his wife on December 13, 2011, telling a 911 operator, “She is definitely dead – I put two to the chest and one to the head.” He then left his house, drove up behind …
Article • May 15, 2012
1st Circuit Permits Massachusetts X-ray Drug Search by The 1st Circuit Court of Appeals has affirmed a Massachusetts district court decision permitting an x-ray search of defendant Shane Spencer under the aegis of a search warrant and dismissed his 1983 action. Spencer had been arrested in 2005 by Worcester, Massachusetts …
Article • May 15, 2012
7th Circuit Dismisses Inadequate Police Protection Suit against City of Chicago by The Seventh Circuit Court of Appeals has affirmed the judgment of the district court judge which dismissed a lawsuit alleging discrimination against the City of Chicago for failing "to have adequate policies in place for the protection of …
Article • May 15, 2012
Filed under: Classification, Transfers
9th Circuit Confirms Only BOP Can Designate Prison Assignments by The United States Court of Appeals for the 9th Circuit has dismissed the appeal of prisoner Oscar Ceballos, AKA Chuco, which complained of the Federal Bureau of Prison's (BOP) failure to designate him to the prison facility recommended by the …
Article • May 15, 2012 • from PLN May, 2012
New York Prison System Allows Same-Sex Partners to Participate in Family Reunion Program by In late April 2011, the New York Department of Correctional Services (DOCS) formally adopted a regulation permitting same-sex married partners and those in civil unions to participate in the prison system’s family reunion program, also referred …
Article • May 15, 2012 • from PLN May, 2012
California Appeals Court Holds Release from Prison Moots Challenge to Parole Denial by The California Court of Appeal, Third District, has held that release from prison moots a prisoner’s habeas corpus petition challenging an adverse decision by the Board of Parole Hearings (“Board”). Convicted of second-degree murder in 1984, Damian …
Article • May 15, 2012 • from PLN May, 2012
Filed under: Tax Law, Visiting
Arizona DOC Makes Visitors Pay for Prison Maintenance, Repairs by Joe Watson Two lawsuits have challenged the Arizona Department of Corrections’ newly-adopted policies of imposing a background check fee on prison visitors and deducting a fee from deposits made into prisoners’ accounts. On July 20, 2011, Arizona began charging visitors …
Article • May 15, 2012 • from PLN May, 2012
Seattle Federal Halfway House Case Manager’s Reentry Plan for Prisoner Allegedly Included Sex, Heroin by Derek Gilna A former case manager at Pioneer Fellowship House, a halfway house in Seattle, Washington, has been accused of having a sexual relationship with one of the released prisoners she supervised and providing him …
Article • May 15, 2012 • from PLN May, 2012
Federal Bureau of Prisons Says DNA Backlog No Longer Exists by Derek Gilna In July 2011, the federal Bureau of Prisons (BOP) announced that it had eliminated a backlog of over 90,000 DNA samples from federal prisoners. This milestone occurred more than a decade after Congress passed the DNA Analysis …
UNICOR Fraudsters Plead Guilty, Sentenced by A former federal Bureau of Prisons (BOP) employee and a former contractor were indicted and have pleaded guilty to conspiring to defraud UNICOR, the prison industries arm of the BOP. The indictment, handed down by a grand jury in the Northern District of Florida, …
Article • May 15, 2012 • from PLN May, 2012
New Washington State Law Eliminates Tolling of Community Custody upon Violation by The Washington State Court of Appeals, Division Three, has ruled that a 2011 state law “eliminates tolling of the term of community custody while the offender is serving a sanction for violation of the conditions of that community …
Reports on Privatizing Ohio Prisons Indicate Savings are Illusory by David Reutter by David M. Reutter Was Ohio’s attempt to sell off and privatize five of its state prisons in 2011 a race to the bottom? That’s the question raised and analyzed in a report titled Cells for Sale: Understanding …
Article • May 15, 2012 • from PLN May, 2012
Failure to Refute Expert Testimony Warrants Summary Judgment Against California Prisoner Suing for Medical Malpractice by In an unpublished opinion, the California Court of Appeal affirmed a trial court’s grant of summary judgment against a prisoner who sued a surgeon for medical malpractice, but then failed (due to limited resources) …
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