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Settlement Proceeds Unrelated to Personal Injury or Sickness Are Subject to Taxation

Article • March 15, 2011

Filed under: Civil Procedure, Settlements, Tax Law

Settlement Proceeds Unrelated to Personal Injury or Sickness Are Subject to Taxation by Proceeds from a legal settlement unrelated to personal injury or sickness are subject to taxation, the U.S. Court of Appeals for the Sixth circuit decided February 26, 2010. Daniel and Brenda Stadnyk received a $49,000 settlement from …

Napier v. Laurel County, KY, Appeal Brief Petition, PLRA Failure to Treat MRSA, 2011

Brief • February 23, 2011

Filed under: Failure to Treat, Infections

Napier v. Laurel County, KY, Appeal Brief Petition, PLRA Failure to Treat MRSA, 2011 CASE NO. 09-6239 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT [FILED ELECTRONICALLY] _______________________________________ LESTER NAPIER, Plaintiff - Appellant v. LAUREL COUNTY, KENTUCKY, et al., Defendants - Appellees. On Appeal from the United States District …

Kentucky Jail Under Investigation After Prisoner Dies; Sexual Abuse, Financial Mismanagement Also Alleged

Article • January 15, 2011 • from PLN January, 2011

Filed under: Staff-Prisoner Assault, Staff-Prisoner Harassment, Staff-Staff Harassment, Misconduct/Corruption, Jail Misconduct, Criminal Prosecution, Medical Neglect/Malpractice

Kentucky Jail Under Investigation After Prisoner Dies; Sexual Abuse, Financial Mismanagement Also Alleged by Derek Gilna The Big Sandy Regional Detention Center, a jail in Paintsville, Kentucky, became the focus of a Kentucky State Police investigation after the death of a prisoner in March 2009. Additionally, a jail guard was …

Hammonds v. CCA, KY, Complaint, internal affairs staff-inmate rape, 2011

Brief • January 5, 2011

Filed under: Staff-Prisoner Assault, Corrections Corporation of America/CoreCivic, Failure to Protect (General), Failure to Train/Supervise

Hammonds v. CCA, KY, Complaint, internal affairs staff-inmate rape, 2011 Case 3:11-cv-00008-JGH Document 1 Filed 01/05/11 Page 1 of 17 PageID #: 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION CIVIL ACTION NO. _____________________ 3:11-cv-8-H FUNDA HAMMONDS Kentucky Correctional Institution for Women P.O. Box 337 Pewee Valley, …

Hammonds v. Corrections Corporation of America, KY, Complaint, CCA guard sexual assault, 2011

Brief • January 5, 2011

Filed under: Staff-Prisoner Assault, Corrections Corporation of America/CoreCivic, Guard Misconduct

Hammonds v. Corrections Corporation of America, KY, Complaint, CCA guard sexual assault, 2011 Case 3:11-cv-00008-JGH Document 1 Filed 01/05/11 Page 1 of 17 PageID #: 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION CIVIL ACTION NO. _____________________ 3:11-cv-8-H FUNDA HAMMONDS Kentucky Correctional Institution for Women P.O. Box …

Clergy Who Advocate for Prisoners Barred from Prisons and Jails

Article • September 15, 2010 • from PLN September, 2010

Filed under: Organizing, Clergy

Clergy Who Advocate for Prisoners Barred from Prisons and Jails by As described in this month’s cover story, prison and jail chaplains accused of sexual misconduct often resign, retire, are fired or are sometimes prosecuted. In other cases, though, well-meaning clergy members who seek to help prisoners have been locked …

U.S. Supreme Court: Counsel Must Advise Immigrant Defendants of Deportation Risks

Article • August 15, 2010 • from PLN August, 2010

Filed under: Attorney Client, Attorney Misconduct, International, Immigration

U.S. Supreme Court: Counsel Must Advise Immigrant Defendants of Deportation Risks by An immigrant charged with a criminal offense must be advised of the deportation consequences associated with pleading guilty, the U.S. Supreme Court held on March 31, 2010. Jose Padilla was charged with drug trafficking after he was caught …

Kentucky Law Retroactively Applied to Award Street Credit

Article • August 15, 2010 • from PLN August, 2010

Filed under: Civil Procedure, Injunctions, Retroactivity, Good Time, Parole

Kentucky Law Retroactively Applied to Award Street Credit by The Kentucky Supreme Court has held that a law that applies “street credit” to released prisoners effectively suspends existing statutory law that specifies time spent on parole does not count towards a prisoner’s maximum sentence. The Court accepted transfer of appeals …

Kentucky Lethal Injection Protocol Adopted in Violation of APA

Article • July 15, 2010 • from PLN July, 2010

Filed under: Death Penalty/Death Row, Death Penalty, Administrative Procedures Act (State)

Kentucky Lethal Injection Protocol Adopted in Violation of APA by Brandon Sample The lethal injection protocol adopted by the Kentucky Department of Correction (DOC) was promulgated in violation of the state’s Administrative Procedure Act (APA), the Kentucky Supreme Court decided on November 25, 2009. Kentucky, like most other states that …

Kentucky Supreme Court: Retroactive Application of Sex Offender Residency Restrictions Unconstitutional

Article • May 15, 2010 • from PLN May, 2010

Filed under: Sex Offender Residence, Sentencing, Ex Post Facto

Kentucky Supreme Court: Retroactive Application of Sex Offender Residency Restrictions Unconstitutional by On October 1, 2009, the Kentucky Supreme Court held that retroactive application of sex offender residency restrictions violated prohibitions against ex post facto laws in the U.S. and Kentucky constitutions. In 1995, Michael Baker pleaded guilty to third-degree …

Food Problems Contribute to Riot at Kentucky Prison

Article • April 15, 2010 • from PLN April, 2010

Filed under: Prison Rebellion, Conditions of Confinement, Food

Food Problems Contribute to Riot at Kentucky Prison by David Reutter by David M. Reutter A major riot at Kentucky’s Northpoint Training Center on August 21, 2009 resulted in 16 injuries and the destruction of several buildings critical to the prison’s operation. The riot was the second serious incident at …

Questionable Kentucky Courthouse Construction Practices Lead to Court Official’s Resignation, Audit, Settlement

Article • November 15, 2009 • from PLN November, 2009

Filed under: Misconduct/Corruption, Contractor Misconduct, Government Misconduct, Judicial Misconduct

Questionable Kentucky Courthouse Construction Practices Lead to Court Official’s Resignation, Audit, Settlement by Michael Brodheim On February 25, 2009, after questions were raised about the failure of his office to fully insure courthouse construction projects, Garlan VanHook resigned from his position as executive director of the Dept. of Facilities for …

Sixth Circuit: Dismissal of Due Process and Equal Protection Claims Upheld; Exhaustion of Administrative Remedies Issue Remanded

Article • October 15, 2009 • from PLN October, 2009

Filed under: Liberty Interests, Administrative Exhaustion (PLRA), Restraints, Sentencing, Good Time

Sixth Circuit: Dismissal of Due Process and Equal Protection Claims Upheld; Exhaustion of Administrative Remedies Issue Remanded by The Sixth Circuit of Appeals has affirmed a district court’s dismissal of a prisoner’s due process and equal protection claims, but reversed the dismissal of Eighth Amendment claims based on failure to …

Hawaii to Remove Prisoners from CCA Facility Over Abuse Charges

Article • October 15, 2009 • from PLN October, 2009

Filed under: Sexual Assault, Staff-Prisoner Assault, Corrections Corporation of America/CoreCivic, Contractor Misconduct, Guard Misconduct, Prison Rebellion

Hawaii to Remove Prisoners from CCA Facility Over Abuse Charges by Ian Urbina Hawaii prison officials said Tuesday that all of the state’s 168 female inmates at a privately run Kentucky prison will be removed by the end of September because of charges of sexual abuse by guards. Forty inmates …

Aramark Discontinues, Loses Prison Food Service Contracts

Article • October 15, 2009 • from PLN October, 2009

Filed under: Food/Commissary (Private Prisons), Work, Prison Industries, Prison Labor, Prison Rebellion, Food

Aramark Discontinues, Loses Prison Food Service Contracts by David Reutter by David M. Reutter The corporate philosophy of cutting corners to enhance profits is catching up with Aramark Correctional Services, causing the company to lose prison and jail food service contracts and putting other contracts in jeopardy. Aramark has discontinued …

As Economy Falters, Rehabilitative and Substance Abuse Programs Get the Axe

Article • June 15, 2009 • from PLN June, 2009

Filed under: Boot Camps, Prisoner Privileges, Rehabilitation/Recidivism, Juvenile Prisons

As Economy Falters, Rehabilitative and Substance Abuse Programs Get the Axe by As Economy Falters, Rehabilitative and Substance Abuse Programs Get the Axe by Mark Wilson Facing the worst economic crisis since the Great Depression, states are slashing rehabilitative criminal justice programs in a desperate attempt to save money. Critics …

Federal Prisoner Dies During Illicit Tryst With His Wife

Article • June 15, 2009 • from PLN June, 2009

Filed under: Criminal Prosecution, Escapes, Accidents, Visiting, Marriage

Federal Prisoner Dies During Illicit Tryst With His Wife by Desmond A. Greene, a prisoner at the Big Sandy federal prison in Martin County, Kentucky, was in his bunk just after midnight on October 5, 2008. But at 1:12 a.m. his wife, Susan A. Witherspoon, was banging on the front …

Sexual Abuse by Prison and Jail Staff Proves Persistent, Pandemic

Article • May 15, 2009 • from PLN May, 2009

Filed under: Staff-Prisoner Assault, Private Prisons, Corrections Corporation of America/CoreCivic, Cornell Corrections, GRW Corp., Staff-Prisoner Harassment, Guard Misconduct, DOC/BOP misconduct, Jail Misconduct, Criminal Prosecution

Sexual Abuse by Prison and Jail Staff Proves Persistent, Pandemic by Gary Hunter Sexual assault, rape, indecency, deviance. These terms represent reprehensible behavior in our society. They also represent recurring themes in our nation’s prisons – not only by prisoners, but also by guards and other staff members. PLN’s August …

Plaintiff Held Mostly Liable After Tort Action Against BOP Backfires

Article • February 15, 2009

Filed under: Damages, Federal Statutory Law, Federal Tort Claims Act

Plaintiff Held Mostly Liable After Tort Action Against BOP Backfires by Kentucky resident Carolyn Eichler and others brought a federal tort action in 1997 against the United States after a Bureau of Prisons (BOP) bus collided with their vehicle. Various plaintiffs alleged damages and the court determined that Eichler, the …

Kentucky Jails’ Seizure of Funds for Booking, Room and Board Fees Upheld

Article • February 15, 2009 • from PLN February, 2009

Filed under: Money/Property, Seizure of Prisoner Funds, Booking Fees

Kentucky Jails’ Seizure of Funds for Booking, Room and Board Fees Upheld by Kentucky Jails’ Seizure of Funds for Booking, Room and Board Fees Upheld The Sixth Circuit Court of Appeals has held that the seizure of jail prisoners’ canteen funds for booking and room and board fees does not …