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Washington DOC Agrees to Change Sexual Abuse Policies
Article • July 15, 2011 • from PLN July, 2011
Filed under: Staff-Prisoner Assault, Misconduct/Corruption, Guard Misconduct, Staffing
Washington DOC Agrees to Change Sexual Abuse Policies by David Reutter by David M. Reutter The Washington Department of Corrections (WDOC) has agreed to change its policies that relate to preventing, reporting and investigating sexual abuse of prisoners by staff members. The changes resulted from a settlement in a class-action …
San Francisco Blanket Jail Strip Search Policy Upheld in Ninth Circuit En Banc Ruling
Article • July 15, 2011 • from PLN July, 2011
Filed under: Searches, Strip Searches, Arrestee Searches
San Francisco Blanket Jail Strip Search Policy Upheld in Ninth Circuit En Banc Ruling by Michael Brodheim In a class action § 1983 suit brought by pre-arraignment jail detainees, a divided Ninth Circuit panel held that San Francisco’s blanket policy of strip searching all arrestees classified for the jail’s general …
Why I Care About Prisoner Rights
Article • July 15, 2011 • from PLN July, 2011
Filed under: Commentary/Reviews
Why I Care About Prisoner Rights by David Hudson by David L. Hudson, Jr. A friend recently asked: “Why do you care and write so much about prisoner rights? After all, they’re convicted criminals.” The question came after the U.S. Supreme Court’s ruling in Brown v. Plata that dealt with …
Paroled Killers Rarely Re-Offend
Article • July 15, 2011 • from PLN July, 2011
Filed under: Statistics/Trends, Prisoner Privileges, Rehabilitation/Recidivism, Parole, Murder by Parolees
Paroled Killers Rarely Re-Offend by Michael Brodheim by Mike Brodheim Judging by the statistics, Reginald Powell, 54, may be the proverbial exception to the rule – the rule, in this case, being that convicted murderers who are granted parole only rarely re-offend. In 1984, Powell was convicted of the shooting …
Citizen Occupants of Probationer's Residence May Be Lawfully Detained
Article • July 15, 2011
Filed under: Parole/Probation Searches, Police Searches, Sentencing, Parole, Probation
Citizen Occupants of Probationer's Residence May Be Lawfully Detained by Michael Brodheim By Michael Brodheim A divided Ninth Circuit panel has held that police officers may lawfully detain the citizen occupants of a home during a probation compliance search. Oscar Sanchez was incarcerated in state prison in 2003, when a …
6th Circuit: County Prosecutor Protected by 11th Amendment
Article • July 15, 2011
Filed under: Prosecutor/Attorney General Misconduct, Immunity/Liability, Judicial Immunity
6th Circuit: County Prosecutor Protected by 11th Amendment by In a decision filed on July 30, 2009, the 6th Circuit affirmed a ruling of a Michigan court granting summary judgment to Arenac County and Arenac County Prosecutor, Curtis G. Broughton. The complaint was brought pursuant to 42 U.S.C. § 1983 …
Discovery and Explanation Required Before Converting Motion into Motion for Summary Judgment
Article • July 15, 2011
Filed under: Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Civil Procedure, Summary Judgment, Discovery
Discovery and Explanation Required Before Converting Motion into Motion for Summary Judgment by Brandon Sample By Brandon Sample Before converting a motion to dismiss into a motion for summary judgment, district courts must first give pro se parties (i) the opportunity to take relevant discovery, and (ii) an explanation of …
PLRA's IFP Restrictions Do Not Apply To Civil Commitments
Article • July 15, 2011
Filed under: Filing Fees (PLRA), Mental Health, Civil Commitment
PLRA's IFP Restrictions Do Not Apply To Civil Commitments by Brandon Sample By Brandon Sample Sex offenders that are civilly committed upon completion of their sentences are not "prisoners" within the meaning of the Prison Litigation Reform Act (PLRA), the U.S. Court of Appeals for the Tenth Circuit decided October …
Impartial Prison Disciplinary Hearing Officials Required in Nevada
Article • July 15, 2011
Filed under: HIV/AIDS, Disciplinary Hearings, Disciplinary Litigation, Hearing Officers, Disciplinary Appeals
Impartial Prison Disciplinary Hearing Officials Required in Nevada by Matthew Clarke By Matt Clarke On February 9, 2009, a Nevada state court restored the statutory good conduct time lost by a prisoner in a disciplinary proceeding in which the presiding official was biased. Brian Eugene Lepley, a Nevada state prisoner, …
Fifth Circuit: No Mailbox Rule for Texas State Habeas Actions
Article • July 15, 2011
Filed under: Civil Procedure, Limitations, Habeas Corpus
Fifth Circuit: No Mailbox Rule for Texas State Habeas Actions by Matthew Clarke By Matt Clarke On November 7, 2007, the Fifth Circuit court of appeals ruled that the "mailbox rule" did not apply to Texas state habeas corpus actions. Gene Edward Howland, a Texas state prisoner, delivered a state …
Seventh Circuit: No Public Interest Requirement in Prisoner's First Amendment Retaliation Suit
Article • July 15, 2011
Filed under: Retaliation, Retaliation for Litigating, Retaliation for Filing Grievances, Retaliatory Discipline
Seventh Circuit: No Public Interest Requirement in Prisoner's First Amendment Retaliation Suit by Matthew Clarke by Matt Clarke On March 4, 2009, the Seventh Circuit court of appeals held that a prisoner who alleges retaliation for free speech was not required to show that the speech engaged in concerned a …
California Parole Procedures Upheld
Article • July 15, 2011
Filed under: Parole Board Misconduct, Sentencing, Parole
California Parole Procedures Upheld by By Brandon Sample The California Court of Appeals for the Sixth District has rejected a constitutional challenge to the Board of Parole Hearings' (Board) procedures and regulations. The controversy over the Board's parole procedures arose after Donald Lewis, Morriss Bragg, Viet Ngo, Donnell Jameison, and …
California Recognizes “Special Relationship” Between Jailer and Prisoner
Article • July 15, 2011
Filed under: Sexual Assault, Prisoner-Prisoner Assault, Failure to Protect (General), Failure to Protect (Transgender)
California Recognizes “Special Relationship” Between Jailer and Prisoner by Michael Brodheim By Michael Brodheim A California Court of Appeal has held that there is a "special relationship" between jailer and prisoner, which gives rise to a duty of care to protect the prisoner from foreseeable harm and thus can support …
Fifth Circuit: No First Amendment Right to Use Vulgarity in Legal Mail
Article • July 15, 2011
Filed under: Disciplinary Hearings, Disciplinary Litigation, Legality of Rules, Disciplinary Appeals
Fifth Circuit: No First Amendment Right to Use Vulgarity in Legal Mail by Matthew Clarke By Matt Clarke On June 8, 2009, the Fifth Circuit court of appeals held that a Texas prisoner has no First Amendment right to use profanity in legal mail directed at opposing counsel and the …
Life Sentence for Failure to Comply with Registration Requirement May Violate Eighth Amendment
Article • July 15, 2011
Filed under: Discrimination, Sex Offender Registration, Three Strikes
Life Sentence for Failure to Comply with Registration Requirement May Violate Eighth Amendment by Michael Brodheim By Michael Brodheim Finding that a "Three strikes" sentence of 28 years to life imprisonment was so grossly disproportionate to an "entirely passive, harmless, and technical violation of the registration law" that it violates …
Ninth Circuit Reverses Untimely California Exhaustion Dismissal in Failure to Protect Suit
Article • July 15, 2011
Filed under: Failure to Protect (General), PLRA, Administrative Exhaustion (PLRA)
Ninth Circuit Reverses Untimely California Exhaustion Dismissal in Failure to Protect Suit by Mark Wilson By Mark Wilson The Ninth Circuit Court of Appeals reversed a lower court’s dismissal of a California prisoner’s §1983 action for failure to exhaust administrative remedies. California prisoner Leonard Marella was stabbed by fellow prisoners. …
No Refund or Waiver of Appellate Filing Fee
Article • July 15, 2011
Filed under: Filing Fees (PLRA), Civil Procedure, Filing Fees
No Refund or Waiver of Appellate Filing Fee by Mark Wilson By Mark Wilson In three consolidated cases, the Third Circuit Court of Appeals held that voluntary dismissal of appeals does not result in refunds of the Appellants’ $455 filing fees. The court also held that it has no authority …
Seventh Circuit: No Right to Jury Trial in Exhaustion Dispute
Article • July 15, 2011
Filed under: PLRA, Administrative Exhaustion (PLRA), Juries
Seventh Circuit: No Right to Jury Trial in Exhaustion Dispute by Mark Wilson By Mark Wilson The Seventh Circuit Court of Appeals held that a prisoner is not entitled to a jury trial to resolve factual disputes about his exhaustion of administrative remedies. Indiana prisoner Christopher Pavey sued several guards …
Utah Prison Van Accident States “Unnecessary Rigor” Claim
Article • July 15, 2011
Filed under: Transportation, Wrongful Death, Accidents
Utah Prison Van Accident States “Unnecessary Rigor” Claim by Mark Wilson By Mark Wilson The Utah Supreme Court found that a prisoner sufficiently alleged an “unnecessary rigor” claim under the State Constitution for injuries sustained in a transport van accident. Yet, the Court suggested that dismissal may be proper for …
Padgett v Kowanda or Settlement Failure to Protect Against Inmate Assaults 2011
Brief • July 15, 2011
Padgett v Kowanda or Settlement Failure to Protect Against Inmate Assaults 2011 JOHN R. KROGER Attorney General JAMES S. SMITH #84093 Senior Assistant Attorney General Department of Justice 1162 Court Street NE Salem, OR 97301-4096 Telephone: (503) 947-4700 Fax: (503) 947-4791 Email: James.S.Smith@doj.state.or.us Attorneys for Defendants Daryl Borello; Troy Browser; …
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