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Article • September 15, 2011 • from PLN September, 2011
Florida Courts Criticize Indefinite Detention While Awaiting Civil Commitment Trials by Florida sex offenders who have completed their prison sentences may face a legal morass that leaves them stuck in indefinite detention while awaiting trial on whether they should be civilly committed. During such pre-trial detention they receive little to …
Article • September 15, 2011 • from PLN September, 2011
Filed under: Mental Health, Suicides
Parole Violator Leaps to Death at Alaskan Jail by Just hours after being arrested, an Alaskan parole violator jumped to his death inside an Anchorage jail. Ralph Kosbruk, 44, was convicted of sexually abusing a minor in 2005, according to the Alaska Department of Public Safety’s sex offender registry. On …
Article • September 15, 2011 • from PLN September, 2011
North Carolina Jail Prisoner Housed with TB Infected Cellmate Receives $2,250 Settlement by The defendants in a lawsuit related to a tuberculosis (TB) outbreak at North Carolina’s Brunswick County jail have agreed to settle the case for $2,250. The suit was filed in June 2010 by former prisoner Frank Baldwin, …
EEOC Files Suit Against GEO Group for Sexual Harassment at Arizona Prisons by On September 29, 2010, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit against private prison firm GEO Group, alleging that the company and some of its male supervisors permitted a “sexual and sex-based hostile work environment” …
Article • September 15, 2011 • from PLN September, 2011
Feds Intervene in Suit, Allege “Sadistic” Stun Gun Use at Ohio Jail; Jail Settles by Brandon Sample On November 3, 2010, the U.S. Department of Justice (DOJ) filed a motion to join a lawsuit filed by Ohio Legal Rights Service (OLRS) against the Franklin County Sheriff’s Office, alleging “excessive, cruel, …
Georgia Deputy Fired for Refusing Threesome with Sheriff by An employee at Georgia’s Clayton County Sheriff’s Office said she was fired because she refused to have a sexual threesome with the sheriff and a female deputy. The story began developing in April 2011 after the indictment of Clayton County Deputy …
Article • September 15, 2011 • from PLN September, 2011
Filed under: Sentencing, Parole
Federal Court Dismisses Virginia Lifers’ Parole Suit by On October 25, 2010, a federal district court dismissed a complaint brought by eleven Virginia Department of Corrections prisoners who alleged due process and ex post facto violations with respect to their parole hearings. The prisoners had sought to represent a class …
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 …
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