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Article • November 15, 2011 • from PLN November, 2011
PLN Files Censorship Suit Against NYDOCS by On October 11, 2011, Prison Legal News filed suit against New York State Department of Correctional Services officials, including NYDOCS Commissioner Brian Fischer. The lawsuit, filed in the U.S. District Court for the Southern District of New York, alleges First and Fourteenth Amendment …
Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Holds Serious Risk to Prisoner’s Health Posed by Year-Long Denial of Outdoor Exercise “Obvious” as a Matter of Law by Michael Brodheim by Mike Brodheim In a 42 U.S.C. § 1983 suit brought by a California prisoner who was denied outdoor exercise for 13 months and 25 days …
Article • November 15, 2011 • from PLN November, 2011
Former Judges in “Cash for Kids” Scandal Sentenced by Derek Gilna Two former Pennsylvania state court judges who were accused by federal prosecutors of running a multi-million dollar scheme to send juvenile offenders to privately-run prisons in exchange for bribes have been sentenced. Former judge Mark A. Ciavarella, Jr., 62, …
Article • November 15, 2011 • from PLN November, 2011
U.S. Supreme Court Holds Civil Contemptor Facing Incarceration Requires Procedural Safeguards Absent Counsel by The U.S. Supreme Court held on June 20, 2011 that counsel need not be provided to a person facing civil contempt for failure to pay child support so long as the state has “in place alternative …
Article • November 15, 2011 • from PLN November, 2011
$370,000 in Annual Phone Revenue at Ohio Jail by At the Montgomery County jail in Dayton, Ohio, taking more than a half-million dollars annually from prisoners who want to call their loved ones is actually called “giving.” When asked by the Dayton Daily News about prisoners’ telephone access in Montgomery …
Article • November 15, 2011 • from PLN November, 2011
PLN Sues Jails in Louisiana, Washington State Over No-Publication Policies by On September 9, 2011, Prison Legal News filed separate lawsuits against the Orleans Parish jail in New Orleans, Louisiana and the Chelan County jail in Washington State over mail policy-related issues. PLN’s suit against Orleans Parish Sheriff Marlin Gusman, …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Sentencing, Parole
Ninth Circuit Holds That Absconding Tolls Supervised Release for Federal Parolees by The time a released prisoner serves on supervised release is tolled when he or she absconds, the U.S. Court of Appeals for the Ninth Circuit held. Manuel Ignacio Juarez was deported following completion of his federal prison sentence …
Article • November 15, 2011 • from PLN November, 2011
Settlement Reverses Virginia DOC’s Ban on Jailhouse Lawyers Handbook by David Reutter A settlement agreement between the Virginia Department of Corrections (VDOC) and two civil rights organizations that publish the Jailhouse Lawyer’s Handbook (JLH) overturned the VDOC’s ban on JLH and requires that five copies of that publication be placed …
Summary Judgment for CCA Reversed in Filthy Jail Conditions Case by David Reutter On April 15, 2011, the Sixth Circuit Court of Appeals reversed a district court’s grant of summary judgment to Corrections Corporation of America (CCA) in a civil rights action alleging Eighth Amendment violations after CCA staff left …
Article • November 15, 2011 • from PLN November, 2011
Hawaii Ex-prisoner Awarded $83,000 for Being Held 83 Days Past Release Date by Former Hawaii prisoner Wade T. Itagaki, who was held at the Oahu Community Correctional Center in Honolulu for 83 days after his sentence expired on Sept. 5, 2006, was awarded $83,000 by a federal jury in February …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Work, Prison Labor
Requests for Hawaiian Prisoner Workers Soar Due to Poor Economy by David Reutter by David M. Reutter As budgets for nonprofit groups, schools, churches and state and city agencies have been squeezed, requests for Hawaii prison work crews to help with repair and maintenance projects have increased exponentially. Prison officials …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Mail, Mail Regulations
Boulder, Colorado Jail’s Postcard-Only Correspondence Policy Ends with Settlement by The ACLU has settled a lawsuit on behalf of detainees at Colorado’s Boulder County Jail, ending a policy that limited prisoners’ personal correspondence to postcards. The policy went into effect in March 2010 and the ACLU filed suit five months …
Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Rules Right to Court Access Violated When Lockdown Prevents Prisoner from Researching Issues Related to Direct Appeal by Michael Rigby by Mike Rigby In an amended opinion filed on November 19, 2010, the Ninth Circuit reversed a district court’s dismissal of a prisoner’s claims that 1) his constitutional …
Article • November 15, 2011 • from PLN November, 2011
Filed under: News, News in Brief
News In Brief: by California: A woman believed to have robbed as many as 20 banks in Montana, Oregon and Washington while wearing wigs, which earned her the nickname “Bad Hair Bandit,” turned out to be a former prison nurse. Cynthia Van Holland, 47, was arrested on August 15, 2011 …
Article • November 15, 2011
Feds Can Collect DNA as a Condition of Bail, Ninth Circuit Decides by Brandon Sample By Brandon Sample Amendments to the Bail Reform Act requiring a defendant to consent to the collection of DNA before being granted bail do not offend the Fourth Amendment, the U.S. Court of Appeals for …
Article • November 15, 2011
Forcible Removal of Drugs from Rectum Does Not Violate Fourth Amendment by Brandon Sample By Brandon Sample U.S. Magistrate Judge H. Bruce Guyton recommended the denial of a motion to suppress evidence recovered from a defendant’s rectum during a forced body cavity search. Felix Booker was taken to the emergency …
Article • November 15, 2011
$2 Million Verdict in Florida Public Strip Search and Illegal Detention Suit by A Florida federal jury awarded a total of $2 million to three people subject to an illegal detention and search after a midnight traffic stop and drug investigation. The July 2001 incident lasted over four hours. After …
Article • November 15, 2011
Filed under: Police, False Arrest
$2,250 Settlement in California for False Arrest on Fabricated DUI Charge by California’s County of Sacramento paid $2,250 to settle the false imprisonment claim of Shannon Rackley, who was arrested on April 3, 2003 for driving under the influence despite having a blood alcohol content below the legal limit and …
Article • November 15, 2011
$3,500 Settlement Reached in Double Suit Claiming Due Process and Human Rights Violations by A $3,500 settlement was reached in a consolidated agreement arising from two separate suits filed by Bernard E. Berton, Jr. against the District of Columbia Department of Corrections. The first case arose when Berton, a prisoner …
Article • November 15, 2011
$7.25 Million Settlement over New York DOC Guard's Suicide Attempt by The City of New York Department of Corrections (CNYDC) reached a $7.25 million settlement with a former guard who alleged she was negligently allowed to retain the department issued firearm that she used for an attempted suicide. Both parties …
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