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Names of Prison Staff Not Required In Grievances by Brandon Sample By Brandon Sample New York state prisoners do not have to name prison officials in their grievances in order to exhaust administrative remedies, the U.S. Court of Appeals for the Second Circuit decided February 2, 2009. The court's decision …
Article • September 15, 2011
Denial of Habeas Corpus Ad Testificandum Not Reviewable on Immediate Appeal by By David M. Reutter The Seventh Circuit Court of Appeals has dismissed for want of appellate jurisdiction a prisoner’s appeal of the denial of a petition for writ of habeas ad testificandum. Before he was sentenced to prison …
Article • September 15, 2011
Filed under: Sentencing, Parole
Michigan DOC Cannot Cancel Parole Discharge by David Reutter By David M. Reutter The Michigan Supreme Court has held that the Michigan Department of Corrections (MDOC) does not have authority to cancel a parole discharge once granted, and that courts have no authority to modify a sentence in response to …
Article • September 15, 2011
Illinois Governor’s Failure to act on Clemency Petition Actionable by By Brandon Sample Persons seeking executive clemency in Illinois have a protected liberty interest in having their petitions decided within a reasonable time by the governor, U.S. District Judge Joan B. Gottschal so held March 11, 2008. Stephanie Bowens and …
Federal Court Continues Oversight of Wyoming State Penitentiary by A Wyoming federal district court had entered an order that continues its supervision of the Wyoming State Penitentiary. That supervision began in October 2003 as the result of a class action civil rights action, alleging unconstitutional conditions of confinement that failed …
Article • September 15, 2011
New York DOC’s Failure To Transmit Protective Custody Order Is Actionable by John Dannenberg by John E. Dannenberg The Supreme Court of New York held that the Court of Claims erred when it dismissed a prisoner’s damages claim for injuries suffered when he was not placed in protective custody as …
Article • September 15, 2011
South Carolina MSU Publication Ban Challenge is Moot by The Fourth Circuit Court of Appeals has dismissed a South Carolina prisoner’s challenge to a prison publication ban, concluding that the action was moot because the ban no longer applied to him. In 1995, South Carolina Department of Corrections (SCDC) prisoner …
Tennessee GPS Monitoring of Sex Offenders Upheld by The Sixth Circuit Court of Appeals has held that Tennessee’s Sex Offender Registration and Monitoring acts do not violate the ex post facto prohibition of the U.S. Constitution. In doing so, the appellate court determined that tracking via a global positioning system …
Article • September 15, 2011 • from PLN September, 2011
Paperwork SNAFU Leaves Mentally Ill Woman Jailed in Louisiana for Eight Months by A paperwork error was blamed for a schizophrenic and bipolar woman being held in Louisiana jails for eight months even though the charges against her were dropped and she had not been appointed an attorney. Louisiana state …
Article • September 15, 2011 • from PLN September, 2011
California State Auditor Reports on CDCR Malfeasance by In January 2011, the California State Auditor presented an investigative report to the governor and legislative leaders that summarized substantiated allegations of improper activities involving several state agencies, including the California Department of Corrections and Rehabilitation (CDCR). The reported investigations were completed …
Article • September 15, 2011 • from PLN September, 2011
Official Capacity Not the Same as Governmental Agency in Texas Civil Suit by Matthew Clarke by Matt Clarke On June 24, 2010, a Texas Court of Appeals held that suing employees of the Texas Department of Criminal Justice (TDCJ) in both their official and individual capacities was not the same …
Article • September 15, 2011 • from PLN September, 2011
Filed under: News, News in Brief
News In Brief by Arizona: A Maricopa County deputy and two jail guards were arrested in May 2011 and charged with drug offenses, money laundering and human trafficking. One of the guards, Marcella Hernandez, said she was pregnant with the child of Francisco Arce-Torres, an alleged member of the Mexican …
The Sun Never Sets On Torture in American Military Prisons by Matthew Clarke by Matthew T. Clarke PLN has reported extensively on some of the issues surrounding the treatment of prisoners in the American military prisons which were set up to hold people suspected of committing or supporting terrorism. This …
Article • September 15, 2011
Death Penalty Scrutinized: Court Halts Missouri Physician-Overseen Lethal Drug Execution; Ten States Suspend Executions by John Dannenberg by John E. Dannenberg The death penalty has come under renewed scrutiny nationwide with nine states suspending executions by lethal injection. Serious questions have been raised both as to Eighth Amendment concerns of …
Article • September 15, 2011
California Inspector General’s Audit of Women’s Prison And Warden Is Generally Favorable by John Dannenberg By John E. Dannenberg California law (Penal Code § 6126(a)(2)) requires the new warden of a state prison to be evaluated by the State Inspector General (IG) within twelve months prior to their state Senate …
Article • September 15, 2011 • from PLN October, 2004
Filed under: Commentary/Reviews, Voting
Two Empty Bottles With Different Labels: John Kerry on Criminal Justice Issues by Paul Wright By Paul Wright “Americans on the frontlines - our first responders, military forces, sheriffs, policemen, firefighters, and civil defense volunteers - must have the very best equipment, training and support possible. Our safety and freedom …
Article • September 15, 2011
Filed under: Classification, Transfers
Massachusetts Pretrial Detainee Transfer to State Prison Invalid by The Massachusetts Supreme Judicial Court (SJC) held that a lower court lacked authority to order the transfer of pretrial detainees from a county jail to a state prison. On August 16, 2005, the Worcester County District Attorney submitted a written request …
Article • September 15, 2011
Prisoners Must Resort to Habeas First before Settling Relief under the Privacy Act when Attacking a Prison Disciplinary Conviction that Involves the Loss of Good Time by Federal prisoners may not seek monetary damages via the Privacy Act when the requested relief, if granted, would necessarily imply the invalidity of …
Article • September 15, 2011 • from PLN September, 2011
PLN Files Censorship Suit Against Michigan Jail over “Postcard Only” Policy by On August 9, 2011, Prison Legal News filed a federal lawsuit against Livingston County, Michigan and the county’s sheriff, Bob Bezotte, alleging First and Fourteenth Amendment violations due to improper censorship at the Livingston County Jail. The suit …
Article • September 15, 2011 • from PLN September, 2011
Reform Comes to Maine Supermax: New commissioner cuts population by more than half; prisoner rights advocates help in the reform by Lance Tapley Less than three months into his job, Maine’s new corrections commissioner, Joseph Ponte, has begun to dramatically reform the Maine State Prison’s long-troubled solitary confinement “supermax” unit. …
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