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Article • April 15, 2012 • from PLN April, 2012
Filed under: News, News in Brief
From the Editor by Paul Wright This month’s cover story on the prevalence of prisoner rape and sexual abuse by prison and jail staff is the third major article of its type PLN has run since 2006. This is in addition to the dozens of articles we publish each year …
Article • April 15, 2012 • from PLN April, 2012
Indiana Prosecutor Disciplined for Conflict of Interest by Matthew Clarke by Matt Clarke Delaware County, Indiana prosecutor Mark R. McKinney was suspended from practicing law for 120 days beginning on July 28, 2011. He was disciplined for engaging in professional misconduct by handling criminal prosecutions and civil forfeiture cases involving …
HRDC, Other Organizations Send Joint Letter to Tennessee DOC Commissioner by Alex Friedmann On March 8, 2012, the Human Rights Defense Center (HRDC – the parent organization of Prison Legal News), in conjunction with three other organizations, sent a letter to Derrick Schofield, Commissioner of the Tennessee Dept. of Corrections …
Article • April 15, 2012 • from PLN April, 2012
Fourth Circuit Remands Prisoner’s Equal Protection Claim by Michael Brodheim by Mike Brodheim On March 17, 2011, in an unpublished per curiam decision, the Fourth Circuit remanded a prisoner’s equal protection claim that alleged black prisoners were routinely ordered to perform more degrading tasks than their white counterparts, and that …
Article • April 15, 2012 • from PLN April, 2012
Court Grants Preliminary Injunction to PLN in Sacramento County Jail Censorship Suit by On March 8, 2012, U.S. District Court Judge John A. Mendez entered a preliminary injunction against the County of Sacramento, California in a lawsuit that alleges unconstitutional censorship of publications sent to prisoners at the county’s jail. …
BOP Staff at FMC Lexington Recover Monetary Damages and Attorney Fees for Privacy Act Violations by Derek Gilna In a lengthy decision, the Court of Appeals for the Sixth Circuit held that approximately 100 employees of the Bureau of Prisons (BOP) could recover damages under the Federal Tort Claims Act …
No Qualified Immunity for Guard Who Failed to Protect Prisoner from Sexual Abuse by Brandon Sample On February 1, 2011, the U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s denial of qualified immunity to a guard accused of failing to protect a vulnerable prisoner from sexual …
Article • April 15, 2012 • from PLN April, 2012
Filed under: Military, Veterans
Incarcerated Veterans Help Other Incarcerated Vets Obtain Disability Benefits by Michael Brodheim by Mike Brodheim Ed Munis and Michael “Doc” Piper, two Vietnam vets incarcerated at the Correctional Training Facility (CTF) in Soledad, California, have quietly been working over the past six years to ensure that other imprisoned veterans, now …
Article • April 15, 2012 • from PLN April, 2012
The Trials of Eroy Brown: The Murder Case that Shook the Texas Prison System, by Michael Berryhill (University of Texas Press, 2011). 244 pages, $29.95 by Mel Motel Book review by Mel Motel The Trials of Eroy Brown: The Murder Case that Shook the Texas Prison System opens with a …
Article • April 15, 2012 • from PLN April, 2012
Ohio Jails Find Loophole to Again Charge Booking Fees by Lockups in suburban Cincinnati just aren’t as profitable as they once were. So sheriff’s offices in southwestern Ohio’s Hamilton and Butler counties are charging prisoners for the time they’re forced to spend in jail. More than 10 years ago, a …
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 …
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