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Juvenile Crime Still Pays -- But at What Cost? by Alex Friedmann Juvenile Crime Still Pays – But at What Cost? by Alex Friedmann [Last February, PLN published a cover article, "Juvenile Crime Pays," concerning the proliferation of for-profit juvenile justice services. This month we revisit the topic following recent …
Article • January 15, 1999 • from PLN January, 1999
BOP Exceeds Statutory Authority in Denying Sentence Reductions by Afederal district court in the District of Columbia held that the Bureau of Prisons (BOP) had exceeded its statutory authority by defining "violent" offenses to preclude a sentence reduction for convictions the courts have consistently defined as "non-violent." In 1994 congress …
Article • December 15, 1998 • from PLN December, 1998
Untimely Jury Demand Must be Fairly Considered by Untimely Jury Demand Must Be Fairly Considered According to the Seventh Circuit, a district court must fairly consider a pro se prisoner's untimely request for jury trial. The court also held that the prisoner's failure to answer defendants' motion for summary judgment …
Medical Restraint Requires Doctor's Supervision by The Eighth Circuit has held that the law was clearly established in 1988 requiring specific approval from a doctor when a prisoner is placed in segregation and restraints for psychiatric treatment purposes. Eddie Buckley, an Iowa state prisoner, sued alleging that he was routinely …
Hawaii Prisoners Challenge 'Sex Offender' Label by Hawaii prisoners labeled as "sex offenders" and ordered to participate in a sex offender treatment program as a pre-condition of parole eligibility have a protected liberty interest in receiving minimal due process before being thus labeled. In 1992, Hawaii enacted a law authorizing …
Abuses Continue at Private INS Facility by Alex Friedmann The Immigration and Naturalization Service (INS) continues to experience problems at a privately -operated detention center in Elizabeth, New Jersey. In June 1995 detainees rioted at the facility, which was then run by Esmore Correctional Services. The detainees mostly asylum-seekers who …
BOP Sentence Reduction Granted to Non-Violent Offender by Afederal district court in Oregon granted a federal prisoner's petition for habeas corpus because the Bureau of Prisons (BOP) had wrongly denied him a one year sentence reduction. Kenneth Johnson is a federal prisoner who was convicted of possessing stolen explosives. He …
PLRA Physical Injury Requirement Does Not Apply to Ex-Cons by The court of appeals for the Seventh circuit held that the PLRA's physical injury requirement does not apply to suits filed after a prisoner is released from prison. The court also held that secular substance abuse programs do not violate …
Fifth Circuit Expands Qualified Immunity Defense by In a lengthy opinion which may have dire consequences for prisoners seeking to resist qualified immunity defenses, the Fifth Circuit held that city jail guards had a duty, which was clearly established in 1989, to protect prisoners from suicide. However, the court also …
Private Health Care Providers Denied Qualified Immunity by Afederal district court in Alabama held that private party doctors and health care providers are not entitled to qualified immunity when sued by prisoners for Eight Amendment violations. The court further held that the existence of an on-going class action involving similar …
U.S. Supreme Court Rules That ADA Applies to Prisoners by Paul Wright By Paul Wright On June 15, 1998, a unanimous United States supreme court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, applies to prisoners. In doing so the court resolved a split between the …
Article • August 15, 1998 • from PLN August, 1998
PLRA Filing fees Don't Apply to Civil Commitments by PLRA Filing Fees Don't Apply to Civil Commitments: A federal district court in Wisconsin held that the filing fee provisions of the PLRA do not apply to so called "sex predators" civilly committed in detention facilities for "treatment." 28 U.S.C. § …
Article • August 15, 1998 • from PLN August, 1998
A Zoo Within a Prison by On April 18, 1998, a fleet of buses, trucks, and police cruisers rolled up to the SCC's subterranean asylum. It was moving day. Washington sex offenders have continually been snared by the civil commitment process since 1990. Because only one has been deemed "cured" …
Article • August 15, 1998 • from PLN August, 1998
Bureau of Prisons Estopped from Denying Sentence Reduction by A federal district court in Colorado granted a habeas corpus petition reducing a federal prisoner's sentence by one year for successfully completing a drug treatment program. The court held the BOP was estopped from denying the sentence reduction having initially granted …
Article • August 15, 1998 • from PLN August, 1998
WI Predator-Law Poster Boy Gets Released by On Halloween, 1973, nine-year-old Lisa French disappeared while trick-or-treating in Fond du Lac, Wisconsin. Gerald Turner, a neighbor and friend of the French family, was ultimately convicted of abducting, raping and murdering the girl. Dubbed the Halloween Killer, Turner languished in the maxi- …
Through the Civil Commitment Looking Glass by Tamara Menteer If the object or purpose of the Kansas [civil commitment] law had been to provide treatment but treatment were adopted as a sham or mere pretext, there would have been an indication of the forbidden purpose to punish . -- Justice …
Right to Psychiatric Care Clearly Established by The court of appeals for the sixth circuit held that prisoners' right to psychiatric care was clearly established and prison psychiatrists who failed to properly treat a suicidal prisoner were not entitled to qualified immunity from money damages. Anthony Wade was a mentally …
Article • July 15, 1998 • from PLN July, 1998
Prisoner 'Stress Response Syndrome' Described by Dan Pens The Prison Litigation Reform Act (PLRA) and related court rulings have raised imposing obstacles to prison civil rights litigation, effectively gutting class action claims against overcrowding and other conditions of confinement. Increasingly, courts require a showing of how such conditions are violating …
Behind Closed Doors: Struggle in Washington IMU's by Jennifer Vogel In the "Intensive Management Unit" at the state prison in Shelton, WA a man who looks to be in his 50s is wearing an orange plastic rain jacket and pacing the parameter of the "yard." The yard is really just …
Article • July 15, 1998 • from PLN July, 1998
8th Circuit Orders BOP Sentence Reductions by Joining the third and ninth circuits, the eighth circuit court of appeals held that a BOP program statement denying sentence reductions to non violent drug offenders was contrary to the purpose of 18 U.S.C. § 3621(e)(2)(B), an early release statute which allows a …
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