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Article • May 15, 2007
Washington Sex Offender Parole Violated for Possessing "The Blue Lagoon" DVD by The Washington Court of Appeals upheld a sex offender's community placement sanction for possessing the film "The Blue Lagoon," which starred a young Brooke Shields. Mark Smith pled guilty to molesting his 5 and 7-year-old stepdaughters. He was …
Article • May 15, 2007
Third Circuit Invalidates BOP's 2005 CCC Regs. by In the latest chapter of the saga previously reported in PLN concerning Bureau of Prison (BOP) Community Correction Center (CCC) eligibility, the Third Circuit Court of Appeals invalidated BOP regulations adopted in 2005 that restricted CCC placement, finding the regulations were contrary …
Article • May 15, 2007
Prison Officials Must Follow Own Grievance Procedures by Defendants argued that though plaintiff had filed grievances about various matters, he had only gone to the final step with grievances about one defendant; therefore other defendants must be dismissed. At 211: In response, plaintiff has submitted an affidavit explaining the steps …
Article • May 15, 2007
Discipline for Staff Misconduct Grievance Upheld by The plaintiff filed a grievance against an Officer Drone for various misdeeds including having sex with officers and supervisors on the midnight shift. He was found guilty of insolence for that suggestion, which he admitted was based on rumors. At 732: "It is …
Attack on White Supremacist Prisoner States Claim by The plaintiff, in a segregation unit, was beaten during his one hour out of cell by another prisoner, and alleged that it must have resulted from an officer's actions, since the cells were supposed to be locked with only one prisoner out …
Article • May 15, 2007
No Liberty Interest in Good Time Not Yet Accrued by The petitioner challenged a change in state good time law that restricted his ability to earn discretionary good time in the future. That claim should have been brought under § 1983 rather than habeas corpus. It is analogous to disputes …
Supreme Court: Involuntary Medication of Criminal Defendants Should be Rare by The mentally ill criminal defendant was found incompetent to stand trial; the government sought permission to medicate him involuntarily, and the district court granted it. The order authorizing involuntary medication was a collateral order over which the appeals court …
BOP Enjoined in Transferring Prisoners from Work Release by The court grants a preliminary injunction against the transfer of three persons serving sentences in community confinement centers who have been notified that they will be transferred to a federal prison for the remainder of their sentences based on the Department …
Michigan Statute Denying Appointed Counsel to Indigent Criminals Enjoined by A challenge by indigent criminal defendants under § 1983 to state court judges' practice of denying appellate counsel based on plea-based convictions, and to the statute that codified the practice, was barred by Younger abstention. Each plaintiff had ongoing state …
Article • May 15, 2007
City Liable for Tolerating Police Brutality by At 879: The Plaintiff avers that the City violated his constitutional rights by failing to train, discipline, monitor and evaluate officers in the use of force; refusing to adequately investigate citizen complaints of excessive force; exonerating officers accused of improper use of force; …
Article • May 15, 2007
From the Editor by Paul Wright If this issue of PLN has a theme, it is one of the ongoing struggle against government secrecy and the suppression of free speech rights of both the media and prisoners alike. Whether it involves secret court proceedings, closed to media and the public …
New York City Settles Guards' Assault On Prisoner For $9,900 by In 2004 the City of New York paid $9,900 to settle a prisoner's federal lawsuit that alleged guards at Bikers Island beat him and then wrote false disciplinary reports against him. On May 27, 2003, plaintiff Anthony Colon was …
Article • May 15, 2007
Qualified Immunity Reversed on Massachusetts Chemical Toilet Claim by The Massachusetts Court of Appeals has reversed a grant of qualified immunity to a prison warden concerning his failure to provide flush toilets to prisoners. As PLN has reported extensively, for years prisoners at the Southeastern Correctional Center (SECC) in Massachusetts …
Article • May 15, 2007
Prisoner's Civil Suit Filed When Given to Prison Officials in Texas by Matthew Clarke By Matthew T. Clarke On December 8, 2004, the Texas Court of Appeals held that a prisoner's lawsuit was considered filed the day he turned it over to prison officials for mailing. Edwin H. Witherspoon, a …
2nd Circuit Orders Reconsideration of Non-Exhaustion Defense by The Second Circuit Court of Appeals reversed the dismissal of a Connecticut prisoner's failure to protect action for non-exhaustion of administrative remedies. The district court was instructed to reconsider in light of a series of exhaustion cases that were issued while the …
Article • May 15, 2007
Ninth Circuit Rejects Prisoner's Psychotherapist-Patient Privilege by The Ninth Circuit Court of Appeals affirmed a prisoner's conviction for threatening President George W. Bush. Robert Romo was confined at Montana's Dawson County Adult Correction and Detention Facility. While there, Romo met with Donald LaPlante, a licensed professional counselor whose job included …
Chicago Jail Social Worker Punched In Face; Suspended For Speaking Out; Awarded $300,000 by Chicago Jail Social Worker Punched In Face; Suspended For Speaking Out; Awarded $300,000 In a dispute over a parking space on September 17, 2001, Cook County Jail guard Donald Keith punched jail social worker Virgean Houskins …
Article • May 15, 2007
Maryland Guard's Sexual Harassment Suit Settled For $250,000 by While denying all claims of sexual harassment, the Maryland Department of Public Safety and Correctional Services on January 19, 2006 has agreed to a $250,000 settlement with former guard, LaShawn Jones, to avoid a trial. Jones claimed she endured sexual propositions, …
Nebraska Administrative Remedies Must Be Fully Exhausted Or Dismissal Required by Nebraska State Prisoner Frankie Cole brought suit under § 1983 and the State Tort Claims Act (STCA) for Eighth and Fourteenth Amendment violations for prisoner conflicts, inadequacies in his medical treatment, and incidents arising from such violations. The court …
Article • May 15, 2007
States Duty To Protect Prisoners Is Limited To Reasonably Foreseeable Risks by Suffering from seizures, former New York State prisoner Wesley Levin appealed a Court of Claims' dismissal for damages because of injuries sustained after falling twice from his top bunk. The second fall occurred three days after Doctor Francois …
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