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Article • August 15, 2011
Court Strikes Down Ban on Care for Transgendered Prisoners by Brandon Sample By Brandon Sample On March 31, 2010, Chief U.S. District Judge C.N. Clevert, Jr. struck down Wis. Stat. § 302.386(5m) as unconstitutional. The law, Clevert held, denied transgendered prisoners the right to individualized treatment for Gender Identity Disorder …
Article • August 15, 2011
Sexual Misconduct Nets Oregon Jailer 20 Days by Mark Wilson By Mark Wilson An Oregon jail guard was sentenced to 20 days in jail and 18 months of bench probation for sexually abusing three female detainees. As we’ve previously reported, on May 13, 2010, Clackamas County, Oregon Jail Deputy Darin …
GPS Tracking of Washington Sex Offenders Expanded by David Reutter By David M. Reutter In September 2008, The Washington State Department of Corrections (WDOC) began requiring its most violent sex offenders to wear a GPS monitoring bracelet for the first 30 days after release from prison. The new program is …
Article • August 15, 2011
Another Unsupervised Prisoner Beaten To Death in L.A. County Jail by The eighth prisoner-on-prisoner killing in the Los Angeles (LA) County Jail in the past two years occurred in November, 2005, in spite of earlier assurances by Sheriff Lee Baca that he was taking steps to tighten security after the …
Article • August 15, 2011
Maricopa County Settles Prisoner Suicide Case for $250,000 by On February 12, 2009, Maricopa County, Arizona, settled for $250,000 a lawsuit brought by survivors of a prisoner who committed suicide at the Maricopa County Jail. Francisco Oviedo was booked into the Lower Buckeye Facility of the Maricopa County Jail on …
Article • August 15, 2011 • from PLN August, 2011
Habeas Hints: Expert Testimony in Habeas Cases by Kent A. Russell by Kent Russell This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on habeas corpus under AEDPA, the 1996 habeas …
Article • August 15, 2011 • from PLN August, 2011
Idaho: Prison Doctor’s Treatment Fell Below Standard of Care by David Reutter by David M. Reutter The Idaho State Board of Medicine’s Prelitigation Screening Panel found that a prisoner at the CCA-operated Idaho Correctional Center had “borne his burden of proving by a preponderance of the evidence that Dr. [Stephen] …
Article • August 15, 2011 • from PLN August, 2011
Ninth Circuit Reverses Grant of Injunctive Relief in Ex Post Facto Challenge to Marsy’s Law by Michael Brodheim by Mike Brodheim The Ninth Circuit Court of Appeals has held that a district court abused its discretion in granting preliminary injunctive relief to a group of California life-term prisoners who challenged, …
Article • August 15, 2011 • from PLN August, 2011
California DOC Complies With Population Reduction Order in Plata v. Brown by John Dannenberg by John E. Dannenberg On June 7, 2011, a scant seven days after the U.S. Supreme Court’s historic ruling affirming a three-judge panel’s order to reduce overcrowding in California’s state prisons (Brown v. Plata, No. 09-1233 …
Habeas Unavailable for Federal Prisoners’ Medical Claims by Federal prisoners may not resort to habeas corpus to challenge inadequate medical care, the U.S. Court of Appeals for the Seventh Circuit decided on January 26, 2011. Charles Robinson sought habeas relief under 28 U.S.C. § 2241 after federal prison officials allegedly …
Merger Creates Largest Private Prison Medical Provider in U.S. by David Reutter On March 3, 2011, American Service Group, Inc. (ASG) and Valitás Health Services, Inc. (VHS) announced a planned merger of the two companies that would create the largest contractor for healthcare services in prisons and jails in the …
State Secrets Doctrine Requires Dismissal of Suit Involving CIA Torture Flights by On September 8, 2010, the Ninth Circuit Court of Appeals held the “valid assertion of the state secrets privilege” warranted dismissal of a lawsuit filed by suspects apprehended as part of the CIA’s extraordinary rendition program. The suit …
Article • August 15, 2011 • from PLN August, 2011
$4,000 Settlement for Arkansas Prisoner Pepper Sprayed by Guards by The Arkansas Department of Correction (ADOC) has paid $4,000 to settle a lawsuit brought by a prisoner who was pepper sprayed three times by guards. While confined at the Varner Supermax Unit in 2005, Eric Winston was repeatedly pepper sprayed. …
U.S. Supreme Court: No Monetary Damages Against States Under RLUIPA by On April 20, 2011, the U.S. Supreme Court ruled that state sovereign immunity bars recovery of monetary damages under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc, et seq. Harvey Leroy Sossamon III, a …
Virginia DOC Settles Lawsuit to Improve Communication for Deaf Prisoners by The Virginia Department of Corrections (VDOC) has agreed to settle a lawsuit brought by deaf prisoners. The settlement makes substantial changes to improve such prisoners’ ability to interact in the prison environment and rehabilitate themselves. “We believe the settlement …
Article • August 15, 2011
Investors in Montana Prison Left Holding the Bag as New Prison Sits Empty by David Reutter By David M. Reutter With the expansion of the prison industrialization complex in recent decades, many communities have turned to prisons as a means to generate economic activity. Considering the success of other small, …
Charges Against Phoenix New Times Editors Dropped/Private Prosecutor Dismissed by Matthew Clarke by Matt Clarke In the middle of the night of October 18, 2007, Phoenix New Times founders Michael Lacey and Jim Larkin were arrested at their homes and charged with revealing grand jury information for publishing an article …
Article • August 15, 2011
New York Jail “Incarceration Cost” Charges Enjoined by John Dannenberg by John E. Dannenberg The Supreme Court of Nassau County granted an Article 78 petition against Nassau County that enjoined it from charging non-indigent prisoners a “per diem” incarceration fee, thereby voiding Title 21 and 21-A of the Miscellaneous Laws …
Article • August 15, 2011
Michigan Auditor Finds Prisoner Health Care Delivery Inadequate by David Reutter By David M. Reutter The Michigan Department of Corrections’ (MDOC) efforts to comply with the requirement to deliver medical services are not effective. That is the conclusion drawn in an audit report issued in March 2008 by Michigan’s Office …
CCA Settles Wackenhut Transport Accident Suit for $200,000 by Jose Sandoval, an illegal immigrant who suffered injuries to his arm and spinal column in an automobile accident after his arrest by the Border Patrol, has received a $200,000 settlement from the Corrections Corporation of America (CCA). CCA had subcontracted its …
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