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New Laws Improve Job Prospects for Former Prisoners by More than 25 cities and counties have taken steps to remove unfair barriers in their employment practices relative to hiring ex-offenders, according to a resource guide produced by the National Employment Law Project. Central to this new hiring initiative has been …
Florida Prisoner’s Suicide Suit Settles for $500,000 by A $500,000 settlement has been reached in a lawsuit stemming from the 2006 suicide of an 18-year-old Florida prisoner. The suit was filed by the parents and estate of Aleshia Napier against the Florida Department of Corrections (FDOC), two private medical contractors …
Article • September 15, 2011 • from PLN September, 2011
$85,000 Settlement in Philadelphia Wrongful Imprisonment Suit by The City of Philadelphia has agreed to pay $85,000 to a man who was wrongfully arrested and imprisoned for a year for a crime he didn’t commit. When Eugene Robinson saw his photo in the Week’s Most Wanted section of the Philadelphia …
Former Federal Prisoner Seeks Almost $280,000 in Attorney Fees from BOP by In an unusual case, Nicole Michelle Defontes is seeking nearly $280,000 in “attorney’s fees, expert fees, and costs to challenge the Bureau of Prisons’ (BOP) violations of its own rules and regulations,” according to a motion filed in …
Article • September 15, 2011 • from PLN September, 2011
Third Circuit Upholds Unanimity Requirement for Pennsylvania Pardon Recommendations by The Third Circuit Court of Appeals has upheld a Pennsylvania law requiring a unanimous vote on pardon and commutation recommendations. Article IV § 9(a) of Pennsylvania’s constitution authorizes the governor to commute or pardon a prisoner. Such authority is exercised …
Article • September 15, 2011 • from PLN September, 2011
Filed under: Work, Prison Labor
Prisoners Used to Clean Foreclosed Houses in Georgia by According to several October 2010 news reports, foreclosed homes in Covington and Newton County, Georgia were being cleaned by prisoners. It was not mentioned whether the prisoners came from local jails or state prisons, but the reports referenced the use of …
Article • September 15, 2011
Ninth Circuit: Victims Have Right to Speak At Sentencing by Ninth Circuit: Victims Have Right to Speak at Sentencing W. Patrick Kenna is a victim of fraud perpetrated by Moshe and Zvi Leichner, a father and son team who swindled scores of victims out of nearly $100 million. Mosche was …
Article • September 15, 2011
Filed under: Sentencing
Federal Courts Lack Authority to Expunge Valid Convictions by The Third Circuit Court of Appeals upheld a lower court’s decision that it lacked jurisdiction to expunge criminal convictions, pursuant to its inherent power to order equitable relief, or pursuant to the All Writs Act. David Rowlands, a New Jersey public …
Iraqi Refugee Awarded $88 Million for Torture by Iraqi Refugee Awarded $88 Million for Torture by Hussein Regime An Iraqi refugee who was detained and tortured by Saddam Hussein’s regime was awarded $88 million in 2004. In 1991, 20-year-old Abdullah K. Alkhuzai was arrested by the Iraqi government following a …
Article • September 15, 2011
Ninth Circuit Faults Mootness Dismissal, Denial of Counsel by The ninth Circuit Court of Appeals vacated the mootness dismissal of an Idaho prisoner’s conditions of confinement suit. The court also found that it was an abuse of discretion to dismiss without ruling on the prisoner’s request for appointment of counsel. …
Article • September 15, 2011
Strip Searches of Juveniles Constitutional by The Eighth Circuit Court of Appeals has held that it is not unconstitutional to strip search juvenile arrestees. The ruling came in a class-action lawsuit filed by then 16-year-old Jodie Smook, who was arrested for violating local curfew laws. Smook was taken to the …
Article • September 15, 2011
Filed under: Private Prisons, CMS
Prolonged Sitting On Steel Stools Claim Survives Summary Judgment by Prolonged Sitting on Steel Stools Claim Survives Summary Judgment Gabriel B. Nock, a prisoner at the Dover Community Correctional Center (DCC) in Dover, Delaware, filed suit in federal district court against Correctional Medical Services (CMS), the health services provider at …
Article • September 15, 2011
Rape By Houston Jail Guard Nets $300,000 Jury Award by Rape by Houston Jail Guard: $300,000 Jury Award Linda Lu, a former prisoner at the Harris County Jail in Houston, Texas, filed suit in the 125th District Court of Harris County alleging that Harris County Deputy Marcus S. Fleck twice …
Article • September 15, 2011
Ninth Circuit: No § 1983 Private Right Of Action Accrues From Failure To Notify Alien Prisoner’s Consulate by Ninth Circuit: No § 1983 Private Right of Action Accrues from Failure to Notify Foreign National Prisoner’s Consulate by John E. Dannenberg The Ninth Circuit Court of Appeals has held that a …
Article • September 15, 2011
Fourth Circuit: Virginia Not Immune from RLUIPA Suit by On December 29, 2006, the Fourth Circuit Court of Appeals held that the Religious Land Use and Institutionalized Persons Act (RLUIPA) was a valid exercise of Congress’ spending powers and that the State of Virginia was subject to its requirements because …
Article • September 15, 2011
Ohio: Jailhouse Lawyer OK'd Absent State-Supplied Meaningful Alternatives by John Dannenberg Ohio: Jailhouse Lawyer OK’d Absent State-Supplied Meaningful Alternatives by John E. Dannenberg A majority of the Ohio Supreme Court held that the right of prisoners to meaningful access to the courts entitles them to be aided by jailhouse lawyers …
Remembering Attica Forty Years Later by Dennis Cunningham by Dennis Cunningham, Michael Deutsch & Elizabeth Fink This year, September 9 will mark the 40th anniversary of the rebellion at Attica State Prison in upstate New York. As one of the prisoner leaders, L.D. Barkley, announced to the world, the rebellion …
Article • September 15, 2011 • from PLN September, 2011
Filed under: Sentencing, Good Time, Parole
Extra Earned Time Sentence Reductions Save Oregon $25 Million by Early prison releases saved Oregon at least $25 million in 2009, according to an audit report by the Secretary of State’s office released in December 2010. On November 1, 1989, Oregon replaced its indeterminate parole matrix sentencing system with a …
Article • September 15, 2011 • from PLN September, 2011
From the Editor by Paul Wright The modern era of prison reform in the United States was ushered in 40 years ago this month in a hail of blood and gunfire at Attica State Prison in New York. Afterwards the refrain was that every prison was Attica and Attica was …
Article • September 15, 2011 • from PLN September, 2011
800,000 Ex-Offenders Regain Voting Rights – 5.3 Million More to Go by Since 1997, an estimated 800,000 former offenders have regained their voting rights as 23 states eased or eliminated felony disenfranchisement statutes and policies, according to a recent report by The Sentencing Project. Still, only seven states – Texas, …
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