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Article • February 15, 2012
Ninth Circuit: Prevailing Civil Rights Defendant Entitled to Recover Attorney Fees Only with Respect to Work Attributable Exclusively to Frivolous Claims by A divided Ninth Circuit panel has held that, in a civil rights action with multiple claims, only some of which are groundless, a prevailing defendant is entitled to …
Article • February 15, 2012
Sixth Circuit: “Security Threat Group” Designation Does Not Warrant Due Process Protections by In 2005, the Sixth Circuit Court of Appeals affirmed a district court's rulings against Michigan prisoner Keith Harbin-Bey, who in 2003 had filed a pro se civil rights lawsuit pursuant to 42 U.S.C. § 1983 alleging that, …
Article • February 15, 2012 • from PLN February, 2012
FBI Looks into Relationship between GEO Group and Former Florida House Speaker by David Reutter In March 2011, PLN reported on the political machinations that led to the construction of Florida’s Blackwater River Correctional Institution (BRCI), which is operated by GEO Group, the nation’s second-largest private prison firm. BRCI was …
Article • February 15, 2012 • from PLN February, 2012
Filed under: Telephones, Telephone Rates
Prison Phone Rates Under Scrutiny by Louisiana Regulatory Agency by The Louisiana Public Service Commission (PSC) is examining the rates for phone calls made by prisoners. To help it in that determination, the PSC has hired outside counsel to analyze rates, review regulations and compare them with other states to …
Article • February 15, 2012 • from PLN February, 2012
Federal Probation Officer Sexually Abused Clients, Sentenced to Ten Years by Mark Wilson U.S. probation officer Mark John Walker, 52, supervised federal prisoners on parole, probation and other forms of supervised release in Eugene, Oregon from May 1987 until July 2009. Now, however, it will be Walker who is on …
Article • February 15, 2012 • from PLN February, 2012
Filed under: Work, Prison Labor
Agreement Between Florida DOC and DOT Steals 1,000 Freeworld Jobs by David Reutter With an economic malaise still affecting the nation, millions of people are looking for work. Florida is among the states that have seen job losses over the past four years, and ex-cons are especially hard-pressed to find …
New Mexico Continues to Let Understaffed Private Prisons Slide on Most Contract Violations by Matthew Clarke by Matt Clarke In September 2010, the New Mexico Legislative Finance Committee calculated that over a four-year period, former Governor Bill Richardson (D) failed to collect $18.6 million in penalties from private prison companies …
Article • February 15, 2012 • from PLN February, 2012
Washington Prisoner Killed During Prison Industries Escape Attempt by A Washington Department of Corrections (WDOC) prisoner was shot and killed at the Clallam Bay Corrections Facility during a June 29, 2011 escape attempt. At approximately 10:00 a.m., state prisoner Dominick Maldonado, 25, used a pair of scissors to take a …
Colorado Prison Murder Prosecutions Include Coerced Witnesses, Withholding of Evidence by In January 2011, a Powers County, Colorado jury acquitted a prisoner who was charged in the stabbing death of another prisoner. Prior to trial, prison officials were accused of using coercion to persuade prisoners to testify for the prosecution, …
Oregon’s Attorney General Accused of Botched, Abusive Prosecutions by Mark Wilson As previously reported in PLN, the Oregon Department of Justice (ODOJ) recently turned its prosecutorial power against a hotshot small-town district attorney. [See: PLN, Oct. 2011, p.39]. By the time it was over the DA had resigned, but the …
Article • February 15, 2012 • from PLN February, 2012
California Pays $10,000 to Settle Sex Abuse Suit Brought by Transgender Prisoner by The California Department of Corrections and Rehabilitation (CDCR) has entered into a settlement agreement with former state prisoner Alexis Giraldo, paying her $10,000 in exchange for a voluntary dismissal of a lawsuit she filed in San Francisco …
Article • February 15, 2012 • from PLN February, 2012
Texas Court of Criminal Appeals Credits Sentence with Time on Appeal Bond by The Texas Court of Criminal Appeals held that a man who erroneously remained free on an appeal bond for 21 years was entitled to full credit toward his sentence. Claus Detref Thiles was sentenced to 16 years …
Article • February 15, 2012 • from PLN February, 2012
Ninth Circuit Applies Turner Test to Evaluate First Amendment Interest in Prisoners’ Receipt of Unsolicited Publications by Michael Brodheim Ninth Circuit Applies Turner Test to Evaluate First Amendment Interest in Prisoners’ Receipt of Unsolicited Publications by Mike Brodheim On January 31, 2011, a divided Ninth Circuit panel reversed the grant …
Article • February 15, 2012 • from PLN February, 2012
Filed under: Work, Prison Labor
Arizona Ranchers Use Prison Labor to Construct Erosion-Prevention Dams by Whitewater Draw near McNeal, Arizona is a unique desert wetland with a shallow lake that hosts thousands of Sandhill Cranes and other water fowl. Water comes to the 600-acre wildlife area from the mountains that ring Sulfur Springs Valley. However, …
Article • February 15, 2012 • from PLN February, 2012
Study Reports on Undiagnosed HIV Infections in New York City Jails by Matthew Clarke by Matt Clarke An article in the May 2011 issue of the Journal of Acquired Immune Deficiency Syndrome reported that the HIV infection rate among people being booked into New York City jails was much higher …
Former Oregon Prison Official Faces Ethics Probe by In March 2011, Michael Taaffe, 56, retired from his $91,000-a-year job as an assistant administrator for the Health Services Division of the Oregon Department of Corrections (ODOC). Three days earlier he had been hired by Correctional Health Partners (CHP), a private medical …
Texas Court of Criminal Appeals Rules Against Parole Board on Imposition of Sex Offender Restrictions on Non-Sex Offenders by Matthew Clarke by Matt Clarke The Texas Court of Criminal Appeals held that the Texas Board of Pardons and Paroles was required to provide due process in the form of a …
Article • February 15, 2012 • from PLN February, 2012
California: Prison Visitor Settles Slip-and-Fall Suit for $175,000 by Richard Allen Barton, Sr. has settled a lawsuit he filed against the State of California and officials at Avenal State Prison, agreeing to accept $175,000 in exchange for dismissal of the suit. On July 11, 2008, while visiting a prisoner at …
Article • February 15, 2012 • from PLN February, 2012
Filed under: News, News in Brief
News in Brief: by Alabama: Jonathan Windham, 24, was acquitted of manslaughter on October 4, 2011 in connection with the January 2009 death of Northwest Florida Reception Center prison guard Timothy Fowler. Fowler had an altercation with Windham over a card game, and Windham hit him in self-defense. Medical evidence …
Article • February 15, 2012
Politics as Unusual: Senate President Crosses the Line by Randy Berg Politics as Unusual: Florida Senate President Crosses the Line by Randall C. Berg, Jr. On February 1, Florida Senate President Mike Haridopolos (R- Melbourne) removed Senator Mike Fasano (R-New Port Richey) from his position as chairman of the Budget …
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