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Article • November 15, 2011
Traffic Tickets Lead to Kansas Jail Reform by The U.S. District Court of Kansas determined that the totality of conditions at the Sedgwick County Jail violated detainee’s Constitutional rights. Sedgwick County Jail was built in the early 1950s, and was designed to hold a maximum of 135 prisoners. The number …
Article • November 15, 2011
$200,000 Jury Award in Illinois False Arrest, Malicious Prosecution Suit by An Illinois state jury awarded $200,000 in a malicious prosecution suit brought by Rodolfo Rivera. While he was at a social gathering around midnight on June 24, 2006, other people arrived in the area looking for trouble. Someone called …
Article • November 15, 2011
Vermont Sex Offenders May Not Challenge DOC Programming Decisions by Vermont prisoners may not challenge sex offender programming requirements, the Vermont Supreme Court decided on July 1, 2011. Allen Rheaume, a sex offender serving a life sentence, sought review of the Vermont Department of Corrections (DOC) decision to classify him …
Article • November 15, 2011 • from PLN November, 2011
Pennsylvania Councilman Takes Private Prison Company’s Donation, then Opposes Detention Center by A $3,000 campaign contribution from private prison firm GEO Group has put a spotlight on a county councilman in Pennsylvania. The contribution was made only days after Ron Angle, president of the Northampton County Council, urged his colleagues …
Article • November 15, 2011 • from PLN November, 2011
“Public Concern” Test Does Not Apply to Prisoner Retaliation Claims; Speech Must be Consistent with Status as a Prisoner by Brandon Sample The “public concern” test does not apply to prisoner claims of retaliation, the U.S. Court of Appeals for the Seventh Circuit held on March 31, 2010. Nonetheless, to …
Article • November 15, 2011 • from PLN November, 2011
Prospect of Prison Rape Used to Deter DUIs in South Africa by Brandon Sample A South African ad campaign intended to prevent drinking and driving has garnered the ire of human rights groups. The ads – the idea of Brandhouse Beverages – show a group of men talking about the …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Sentencing, Parole
Washington Community Custody Violators Entitled to Time Served by The Washington State Court of Appeals has held that prisoners are entitled to credit for all time spent in custody on alleged community custody violations. On June 30, 2003, Anthony Bakari Louis Bovan was sentenced to 73.5 months in prison and …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Sentencing, Good Time
Second Circuit Holds BOP Correct in Not Granting Good Conduct Credits for Time Spent in State Custody by Brandon Sample On March 26, 2010, U.S. District Court Judge Richard J. Holwell granted a habeas corpus petition filed by a federal prisoner challenging the refusal of the federal Bureau of Prisons …
Article • November 15, 2011 • from PLN November, 2011
Incarceration Alone Insufficient to Terminate Parental Rights in Michigan by In addition to finding that a lower court committed legal errors in terminating a prisoner’s parental rights, the Michigan Supreme Court held that incarceration alone is not a sufficient reason for termination of parental rights. While serving a prison sentence …
Article • November 15, 2011 • from PLN November, 2011
Does Less Punishment Mean Less Crime? by The fiscal crisis facing virtually all state governments has brought to the forefront of public debate the following question: When do longer prison sentences and harsher punishment become counter-productive? Has the clock finally run out after four decades during which politicians at all …
Article • November 15, 2011 • from PLN November, 2011
BOP Evidence-Handling “Grave Miscarriage of Justice”; Charges Dismissed by Federal Judge by On March 18, 2011, a federal judge in Oregon dismissed criminal charges against a federal prisoner due to mishandling of evidence by the U.S. Bureau of Prisons (BOP). In August 2009, BOP prisoner Jose Sanchez-Arce, 32, and another …
PLN Wins Partial Victory, Attorneys Fees in FOIA Video Tape Suit Against U.S. Attorneys’ Office by Brandon Sample by Brandon Sample and Derek Gilna In a lawsuit brought under the Freedom of Information Act (FOIA), Prison Legal News was awarded attorneys fees by a U.S. District Court in Colorado after …
Ninth Circuit: PLRA Precludes Award of Attorney Fees Where Violation of Prisoner’s Rights is Not Affirmatively Established by The Ninth Circuit held that the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d)(1), precludes an award of attorney fees in cases where a prisoner obtained relief but did not affirmatively …
Nevada DOC’s Ban on Male Supervisors at Women’s Prison Invalidated by The Ninth Circuit Court of Appeals invalidated a Nevada prison policy barring male employees from holding certain supervisory positions at a women’s prison. Circuit Judge Marsha S. Berzon delivered the opinion, holding that the ban violated Title VII of …
Article • November 15, 2011 • from PLN November, 2011
No Qualified Immunity for Guard Who Transported Prisoner in Dog Cage by The U.S. Court of Appeals for the Eighth Circuit affirmed a district court’s denial of qualified immunity to an Arkansas jail guard who transported a prisoner in a K-9 cage covered with feces, urine and dog hair. In …
Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Rules California’s Proposition 115 Not Unconstitutional by The Ninth Circuit held that California’s Proposition 115, known as the Crime Victims Justice Reform Act, does not violate a defendant’s Sixth Amendment right to confront the witnesses against him. Adopted by California voters in 1990, Prop. 115 added constitutional and …
Ninth Circuit: California Prisoner Need Not Appeal from Satisfactory Grievance Response in Order to Exhaust Administrative Remedies by Michael Brodheim Clarifying “the boundaries of proper exhaustion” within the context of California’s prison system, the Ninth Circuit Court of Appeals held that a prisoner “has no obligation to appeal from a …
Article • November 15, 2011 • from PLN November, 2011
Report Blasts Sex Party at New York Juvenile Facility by An “ill conceived, poorly planned and uncontrolled” December 12, 2009 “Winter Social Dance” at a New York juvenile facility allowed offenders to engage in sexual misconduct with an underage girl and a suspected prostitute, according to a scathing report by …
Ninth Circuit Holds California Prison Officials Responsible for Providing Reasonable Accommodations to Disabled Prisoners and Parolees Held in County Jails by In the latest chapter of a legal saga spanning 16 years, on September 7, 2010 the Ninth Circuit rejected a renewed attempt by California prison officials to shirk their …
Article • November 15, 2011 • from PLN November, 2011
New York Court Sentences Rabbi to Four Years in Prison by In a case that garnered widespread publicity, Milton Balkany, a Brooklyn, New York rabbi, received a four-year federal prison sentence for extortion. U.S. District Court Judge Denise L. Cote found that Balkany, 64, dean of the Bais Yaakov day …
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