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Pennsylvania Parole Board May Not Condition Parole of Sex Offender on Admission of Guilt Due to Ex Post Facto Violation by The Third Circuit Court of Appeals has held that in denying parole to convicted sex offender Louis Mickens-Thomas for his refusal to participate in a sex offender program that …
Oklahoma City Not Liable for Wrongful Conviction Resulting from Falsified Forensic Evidence by Matthew Clarke by Matt Clarke The Tenth Circuit Court of Appeals has held that Oklahoma City can not be held liable for the actions of disgraced forensic chemist Joyce A. Gilchrist, who was employed in the city’s …
Article • April 15, 2012 • from PLN April, 2012
California: State Settles Prisoner’s Lawsuit for $10,000, then Delays Payment by In June 2010, Cion Adonis Peralta signed a Full Release of All Claims in a federal lawsuit he filed in 2005, alleging that officials at CSP-Lancaster had violated his rights under the Eighth and Fourteenth Amendments. In exchange for …
Article • April 15, 2012 • from PLN April, 2012
Filed under: News, News in Brief
News in Brief: by California: Former San Quentin prison guard Robert Alioto, 48, pleaded guilty on December 5, 2011 to smuggling drugs into the facility. Alioto was a warehouse supervisor at the prison when he was found with six cell phones and marijuana during a search of his vehicle as …
Court Finds Pennsylvania Jail’s Phone Bidding Process was Rigged; Contract Awarded to Another Company by The bidding process used to select the telephone contractor for Pennsylvania’s Allegheny County Jail (ACJ) was rigged by an official previously accused of improperly influencing a prior phone contract at the jail. That was the …
Article • April 15, 2012 • from PLN April, 2012
Rehabilitation Finding Eliminates 30-Year Minimum Sentence for Aggravated Murder, but Oregon Parole Board Balks by Mark Wilson In Oregon, a rehabilitation finding under ORS 163.105(3) eliminates the 30-year mandatory minimum sentence for state prisoners convicted of aggravated murder and requires the Board of Parole (Board) to immediately set a parole …
Withdrawal of Approval of New Mexico Jail Class Action Settlement Not Appealable Order by The Tenth Circuit Court of Appeals has held that an order withdrawing approval of a class action settlement does not qualify as a “final order” subject to appeal under 28 U.S.C. § 1291. The appellate ruling …
Article • April 15, 2012 • from PLN April, 2012
Washington State Prisoner Granted Preliminary Injunction to Treat Neuroma; Case Settles for $120,000 by On Sept. 17, 2010, a federal district court in Washington State granted a preliminary injunction to a state prisoner, requiring prison officials to provide necessary medical treatment. The preliminary injunction was issued in a civil rights …
Article • April 15, 2012 • from PLN April, 2012
Illinois Governor Signs Bill Banning Death Penalty, Commutes All Death Sentences by Matthew Clarke by Matt Clarke On March 9, 2011, Illinois Governor Pat Quinn signed legislation banning the death penalty for state crimes in Illinois. He also commuted the sentences of the state’s 15 death row prisoners to life …
Article • April 15, 2012 • from PLN April, 2012
Mississippi Oversight Committee Finds Fault in Operation of Prison Canteens by David Reutter by David M. Reutter In June 2011, the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) issued a report to the Mississippi legislature concerning the state’s prison canteen contract, the operation and oversight of that …
Florida Senate Rejects Privatization of 27 State Prisons – but Just Barely by PLN’s February 2012 cover story described how the Florida legislature tried to privatize almost thirty state prisons, work camps and work release centers in 2011 by slipping proviso language into the state’s budget appropriations bill. That wholesale …
Article • April 15, 2012 • from PLN April, 2012
Connecticut District Court Finds ICE Agents Not Shielded from Bivens Liability; Suit Settles for $350,000 by Derek Gilna In a lawsuit brought by the Yale Law Clinic on behalf of Hispanics swept up in an Immigration and Customs Enforcement (ICE) raid in New Haven in June 2007, the U.S. District …
Article • April 15, 2012 • from PLN April, 2012
Eighth Circuit Revisits Muslim Prisoner’s Settlement with Nebraska DOC; $74,000 in Attorney Fees Awarded by Derek Gilna In a detailed ruling, the U.S. Court of Appeals for the Eighth Circuit rejected an attempt by a Muslim prisoner to obtain additional attorney fees for alleged violations of an agreed injunctive order, …
Article • April 15, 2012 • from PLN April, 2012
Filed under: Criminal Prosecution, News
Texas Prison Guard Gets Five Years for Scalding Child by Alex Friedmann On February 29, 2012, former Texas Department of Criminal Justice prison guard Henry Benson III, 31, was convicted by a state court jury of “recklessly” burning a child he was babysitting. Benson, formerly employed at the Connally Unit …
Article • April 15, 2012 • from PLN April, 2012
Texas Harasses, Denies Compensation to Wrongly Convicted by Matthew Clarke by Matt Clarke Texas has a generous compensation package for prisoners who are exonerated, which includes $80,000 per year of wrongful incarceration, an annuity with annual payments in the same amount, free college tuition and free medical care. [See: PLN, …
Rumsfeld, Military Officials Immune from Suit by Foreign Nationals Alleging Torture on Foreign Soil by Michael Brodheim by Mike Brodheim On June 21, 2011, a divided D.C. Circuit Court of Appeals affirmed the judgment of a district court that dismissed claims for damages and declaratory relief brought by nine foreign …
Article • April 15, 2012 • from PLN April, 2012
Texas Prisoner Health Care Underfunded by On average, Texas spends less on prisoner health care than other states – about half the amount that California spends. However, medical care for California prisoners was found to be unconstitutionally inadequate, leading a federal court to order reductions in the state’s prison population …
Article • April 15, 2012 • from PLN April, 2012
Challenge to BOP’s Ban on Sexually Explicit Publications Dismissed by Brandon Sample The U.S. Court of Appeals for the Tenth Circuit dismissed an appeal challenging the Bureau of Prisons’ (BOP) implementation of the Ensign Amendment, a law that prohibits the expenditure of federal funds “to distribute or make available to …
Article • April 15, 2012 • from PLN April, 2012
ACLU of Arizona Surveys Taser Use in Statewide Report by Joe Watson No one can claim that the ACLU of Arizona lacks ambition. After poring over a decade’s worth of investigations, lawsuits and public records, the ACLU of Arizona is attempting to persuade law enforcement officials in the Grand Canyon …
Article • April 15, 2012 • from PLN April, 2012
New York City DOC Jail Official Resigns Amid Corruption Probe by An alleged abuse of authority, in the form of favoritism, has led to the resignation of the second-highest ranked jail official with the New York City Department of Corrections (NYCDOC), Chief Larry Davis, Sr. An investigation into Davis resulted …
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