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Baltimore Jail’s Warden, Seven Guards Suspended Pending Excessive Force Investigation by Pending an investigation into an alleged use of excessive force involving a female detainee, the warden and seven guards at the Baltimore Central Booking and Intake Center (BCBIC) have been suspended. The detainee, a 26-year-old woman who faced minor …
Article • July 15, 2011 • from PLN July, 2011
Seventh Circuit Finds Appeal is Timely Despite E-Filing Error by On May 3, 2010, the Seventh Circuit Court of Appeals held that a Wisconsin prisoner’s appeal was timely even though it was filed past the deadline due to an electronic filing error. Scot Vince, a longtime informant for Rock County, …
Article • July 15, 2011 • from PLN July, 2011
Filed under: Telephones, Telephone Rates
Low Rates in Michigan DOC Phone Contract Demonstrate Actual Cost of Prison Phone Services by Alex Friedmann PLN’s April 2011 cover story detailed the results of our comprehensive multi-year research project on prison phone services, including a state-by-state comparison of prison phone rates, commission (kickback) percentages, and the amounts of …
Article • July 15, 2011 • from PLN July, 2011
Filed under: Visiting, Fathers in Prison
Ninth Circuit: Prison Visitation Privileges May be Temporarily Restricted for Legitimate Penological Reasons by Holding that the temporary suspension of a prisoner’s visiting privileges with his minor children due to an alleged rule infraction did not violate any clearly established constitutional right of which a reasonable prison official would have …
Anti-Private Prison Group Rips Revolving Door for Federal Employees After CCA Hires Former BOP Director by On June 1, 2011, Corrections Corporation of America (CCA), the nation’s largest for-profit private prison company, announced its most recent acquisition: Former federal Bureau of Prisons director Harley G. Lappin, who was hired by …
Article • July 15, 2011 • from PLN July, 2011
State Audit Finds Maryland Prison Employees Misused Funds in Prisoner Accounts by Matthew Clarke by Matt Clarke State lawmakers have registered outrage after a state audit, released in October 2010, revealed that employees of the Maryland Department of Public Safety and Corrections (DPSC) at five finance offices in the Baltimore …
Article • July 15, 2011 • from PLN July, 2011
New York Parolee Detained Without Hearing; City Not Entitled to Summary Judgment by Mark Wilson The Second Circuit Court of Appeals reversed a district court’s dismissal of a parolee’s wrongful imprisonment claims, holding that the defendant, New York City, was not entitled to summary judgment. On December 13, 2001, Keith …
Article • July 15, 2011 • from PLN July, 2011
The Incredible Honey Bun Behind Bars by David Reutter by David M. Reutter Things that are seemingly inconsequential to people outside of prison can quickly become something of great importance when made available to prisoners. The honey bun is one such item, which has taken on its own lore and …
Article • July 15, 2011 • from PLN July, 2011
Filed under: Limitations, Mail, Legal Mail
Ninth Circuit Applies Houston Mailbox Rule to § 1983 Actions by Ninth Circuit Applies Houston Mailbox Rule to § 1983 Actions The Ninth Circuit Court of Appeals has joined nine other Circuits in holding that the prison mailbox rule set forth in Houston v. Lack, 487 U.S. 266 (1988) applies …
Article • July 15, 2011 • from PLN July, 2011
Former Virginia Beach Sheriff Received Insider Information on Jail Contract by Matthew Clarke by Matt Clarke Within a few days after his retirement as Sheriff of Virginia Beach, Virginia in late 2009, Paul Lanteigne went to work for Conmed Healthcare Management, Inc. and began exchanging emails with and receiving documents …
Article • July 15, 2011 • from PLN July, 2011
Fifth Circuit: Habeas Petition Challenging Recent Parole Denial Not Considered Successive by Matthew Clarke by Matt Clarke On April 1, 2009, the Fifth Circuit Court of Appeals issued an order holding that a federal habeas corpus petition challenging procedures used to deny parole at a parole hearing which occurred after …
Article • July 15, 2011 • from PLN July, 2011
California Prisoner’s Life Sentence Upheld for Tossing Food Tray at Guard by Michael Brodheim by Mike Brodheim On January 3, 2011, the California Court of Appeal, Fifth District, affirmed a “three strikes” sentence of 25 years to life for a prisoner who, while confined in a security housing unit at …
Failure to Protect May Raise Claim Under Federal Tort Claims Act by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that it was inappropriate to grant summary judgment against a prisoner who was assaulted by gang members after he had warned prison officials of the danger …
New York: Double Jeopardy Prohibits Imposition of Post-release Supervision Once Defendant is Released from Custody by In a 5-2 decision on February 23, 2010, New York’s Court of Appeals, the state’s highest court, ruled that the double jeopardy clause of the U.S. Constitution prohibits the resentencing of a defendant to …
Fifth Circuit Clarifies Procedure for PLRA Failure-to-Exhaust Dismissals by The Fifth Circuit Court of Appeals held that summary judgment may be granted when a defendant alleges failure to exhaust administrative remedies under the Prison Litigation Reform Act (PLRA), but, in this particular case, the record was not sufficiently developed to …
Article • July 15, 2011 • from PLN July, 2011
A Cage by Any Other Name is Still a Cage: Mentally Ill California Prisoners Caged by Michael Brodheim by Mike Brodheim A rose by any other name, Shakespeare wrote, would still smell as sweet. In California the question is, does referring to a cage as a “therapeutic module” make it …
Article • July 15, 2011 • from PLN July, 2011
Ninth Circuit Denies Arizona Prisoner Access to Dedicated Discharge Account by In a September 27, 2010 decision, the Ninth Circuit Court of Appeals affirmed a district court’s order denying Arizona prisoner Timmy Lee Ward access to a dedicated discharge account while he was still imprisoned. Ward alleged that since his …
Article • July 15, 2011 • from PLN July, 2011
Queer (In)justice: The Criminalization of LGBT People in the United States, by Joey L. Mogul, Andrea J. Ritchie and Kay Whitlock (Beacon Press, Feb. 2011), 216 pages, $27.95 by Daniel R. Schaffer Reviewed by Daniel R. Schaffer Queer (In)justice (QI) is a useful and necessary tool for Lesbian, Gay, Bisexual, …
“America’s Sheriff” Begins Serving Federal Prison Sentence by In January 2011, Michael S. Carona, the former sheriff of Orange County, California, turned himself in to prison officials at the Federal Correctional Institution Englewood in Littleton, Colorado to begin serving a 5 1/2-year sentence following his 2009 conviction for witness tampering. …
Article • July 15, 2011 • from PLN July, 2011
Filed under: News, News in Brief
News In Brief by Hawaii: On April 7, 2011, former Oahu Community Correctional Center guard Ryan Malasig, 44, wept at his sentencing hearing after pleading no contest to sexually assaulting a transgender prisoner in 2009. Malasig had forced the prisoner to perform oral sex on him; the prisoner kept a …
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