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Guantanamo’s Youngest Prisoner Can’t Be Tried, Won’t be Released by Matthew Clarke by Matt Clarke By July 2002, Omar Khadr, a skinny l5-year-old boy born in Toronto, Canada, had become a radical Muslim militant. He received his first training in an Al-Qaeda camp at the tender age of twelve. To …
No Hearing Required for Oregon IMU Confinement by In a unanimous decision, the Oregon Supreme Court has held that state prisoners are not entitled to a hearing when they are confined in the Intensive Management Unit (IMU). The Oregon Department of Corrections (ODOC) operates two IMUs to segregate “prisoners who …
Eighth Circuit Rejects Failure to Protect Claim by On July 9, 2009, the U.S. Court of Appeals for the Eighth Circuit rejected a failure to protect claim brought by the family of a prisoner who was killed at the Sherburne County Jail in Minnesota. Carl Moyle was killed by his …
Federal Court Holds Enemy Combatant Detainee May Sue Government Officials by On June 12, 2009, a federal district court in California ruled that a U.S. citizen detained in the U.S. as an enemy combatant could sue a high-ranking federal official who promulgated legal opinions on policies that led to the …
Article • December 15, 2009 • from PLN December, 2009
Eight More Prison Closures in Michigan by Since taking office in 2003, Michigan Governor Jennifer Granholm has closed six prisons. To pare $120 million from the state’s budget, she recently decided to close eight more, including five minimum-security prison camps. The announcement of the closures on June 5, 2009 created …
Article • December 15, 2009
$32,527 Settlement for Woman Sexually Abused by Work Release Guard by California’s Sacramento County had paid $32,527 to Shantel Franklin, who filed a lawsuit for the sexually abusive acts of Sacramento County Sheriff’s Deputy James Perkins. Franklin began serving the part of her sentence that required her to work in …
Article • November 15, 2009 • from PLN November, 2009
California Budget Cuts Lead to Closure of Two Parolee Residential Centers by In a questionable effort to save money, the State of California has closed two parolee residential centers in Los Angeles and returned the 74 non-violent offenders housed at those facilities back to prison. Scott Kernan, undersecretary of the …
Florida to Allow Exportation of Prisoners to Other States by David Reutter by David M. Reutter Florida lawmakers have handed a victory to the private prison industry by passing a bill (SB 1722) that allows Florida prisoners to be exported to out-of-state facilities, which are mostly privately-operated. When Governor Charlie …
Prisoner Not Allowed to Sue One DOC in Another State by The Seventh Circuit Court of Appeals in Illinois held that New Mexico Department of Corrections (NMDOC) officials cannot be sued in Illinois due to lack of personal jurisdiction. Jimmy Kinslow, an NMDOC prisoner, was transferred in 1995 to the …
Article • September 15, 2009
Supervised Release Period Does Not Begin When Federal Prisoner Is Transferred To Pre-Release Custody by A federal prisoner's period of supervised release does not commence upon transfer to a halfway house, jail or other component of community confinement, the U.S. Court of Appeals for the Ninth Circuit decided November 7, …
Article • August 15, 2009 • from PLN August, 2009
First Circuit Upholds BOP’s Discretion to Limit Halfway House Placement by The U.S. Court of Appeals for the First Circuit upheld the authority of the federal Bureau of Prisons (BOP) to limit halfway house placements. In 2005, the BOP promulgated formal rules categorically limiting halfway house placement to the last …
HCJ 260505 Israel Supreme Court Ruling Against Private Prisons, US, 2009 Academic Center of Law & Business, Human Rights Division v. Minister of Finance HCJ 2605/05 HCJ 2605/05 Petitioners: 1. Academic Center of Law & Business, Human Rights Division 2. Major General (Retired) Shlomo Twizer 3. Yadin Machnes v. Respondents …
Article • July 15, 2009 • from PLN July, 2009
Ohio Limits Electronic Monitoring to Only Those Who Can Pay by If you’re convicted in Ohio and can afford to pay, you may be able to obtain release on electronic monitoring. If not, you can serve your time in the Corrections Center of Northwest Ohio (CCNO). That is the new …
Article • July 15, 2009
New York Prison Officials Liable for Wheelchair Accident by A New York Court of Claims held that prison officials are 100% liable for injuries suffered by a prisoner who fell from his wheelchair on a sloped ramp. Prisoner Darrin Carathers, who is wheelchair-bound, was being transported to St. Agnes Hospital …
Paraplegic Louisiana Prisoner Requires Transportation in Vehicle with Wheelchair Lift and Restraints Under ADA by To settle a prisoner’s federal civil complaint filed under the Americans with Disabilities Act and the Rehabilitation Act of 1973, the Louisiana Department of Public Safety and Corrections (LDOC) has entered into a consent judgment. …
Article • July 15, 2009
No Liberty Interest in Wisconsin Home Detention Program, Prisoner Waived Rights by On April 24, 2008, the U.S. Court of Appeals for the Seventh Circuit held that a prisoner has no protected liberty interest in participating in a Wisconsin home detention program (HDP) when a prisoner waives his rights. James …
No Tort Liability for Louisiana Employer Accused of Negligence in Death of Prisoner on Work Release by Louisiana prisoners injured while in work release may not pursue a tort action against the prisoner’s employer, the Court of Appeal of Louisiana, 2nd District, decided April 30, 2008. Instead, the exclusive remedy …
Article • June 15, 2009
BOP May Lawfully Limit Halfway House Placement Beyond 180 Days by The Bureau of Prisons (BOP) may lawfully restrict federal prisoners to no more than 180 days halfway house placement, the U.S. Court of Appeals for the Eighth Circuit decided May 30, 2008. Gary Miller and several other prisoners at …
Article • June 15, 2009 • from PLN June, 2009
California DOC Closes Prisoner Work/Restitution Center by California DOC Closes Prisoner Work/Restitution Center The California Department of Corrections and Rehabilitation (CDCR) has closed an innovative program that placed nonviolent prisoners in a community work-release center so they could earn money to pay restitution to their victims. Although the closure was …
Article • June 15, 2009 • from PLN June, 2009
California Lifers Housed Out-Of-State in Federal Witness Protection Program Entitled to Appear in Person at Parole Hearings by John Dannenberg by John E. Dannenberg The California Court of Appeal (Third District) held that California prisoners sentenced to life with the possibility of parole, who are housed in out-of-state facilities in …
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