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Article • June 15, 2011 • from PLN June, 2011
Federal Cell Phone Ban Becomes Law; California Bill Vetoed, then Re-Introduced by Brandon Sample Legislation barring the possession or use of cell phones by federal prisoners, the Cell Phone Contraband Act (S.1749), was signed into law by President Obama in August 2010. The legislation comes in response to a rising …
Article • June 15, 2011 • from PLN June, 2011
Sanctions Against Prisoner for Alleged “Frivolous” Habeas Petition Improper, Tenth Circuit Decides by Sanctions imposed by an Oklahoma trial court on a state prisoner who filed a “frivolous” habeas petition were improper, the U.S. Court of Appeals for the Tenth Circuit held in an unpublished opinion. Alvin Parker is a …
Article • June 15, 2011 • from PLN June, 2011
Ohio: Mixed Verdicts Against Guards Involved in Prisoner’s Death by Brandon Sample On December 3, 2010, Lucas County, Ohio Sheriff James Telb was acquitted of all criminal charges related to the death of a prisoner. Telb and three sheriff’s employees were indicted after Lucas County jail prisoner Carlton Benton, 25, …
Texas Prison System Must Accommodate Hearing-Impaired Visitors by Matthew Clarke by Matt Clarke On December 2, 2010, a Texas federal court entered summary judgment in favor of a visitor to a state prisoner who had sued the Texas Department of Criminal Justice (TDCJ) for failing to adequately accommodate his disability. …
Article • June 15, 2011 • from PLN June, 2011
Wisconsin County Jail Administrator Charged with Stealing Jail Funds by The administrator of the jail in Washburn County, Wisconsin was charged in November 2010 in connection with a scheme to defraud public funds. Bruk L. Sweeney, 37, was arrested on four counts of misconduct in office and two counts of …
Tenth Circuit Reverses Lawsuit on Hygiene Versus Court Access for Second Time by Bob Williams For the second time, the Tenth Circuit has reversed the dismissal of a pro se prisoner’s lawsuit alleging he was denied basic hygiene items when his available money was spent on court-related expenses. Colorado state …
Article • June 15, 2011 • from PLN June, 2011
Remembering the High Point of Prisoner Rights by David Hudson by David L. Hudson, Jr. Thirty-seven years ago, the U.S. Supreme Court decided Procunier v. Martinez, 416 U.S. 396 (1974), a ruling that has since proven to be the high-water mark for prisoner rights. On April 29, 1974, the high …
Department of Justice Reports on Sexual Victimization in U.S. Prisons and Jails by Matthew Clarke by Matt Clarke In August 2010, the U.S. Department of Justice’s Bureau of Justice Statistics (BJS) released a report on the most recent national survey of prisoners on the topic of sexual victimization in prisons …
Article • June 15, 2011 • from PLN June, 2011
Filed under: Civil Procedure, Costs
Uncollected Court Debts Piling Up in Tennessee by Over the past several years, counties in Middle Tennessee have had a difficult time collecting court fees and fines. The outstanding debts, from both civil and criminal cases, amount to hundreds of millions of dollars. Davidson County (with Nashville as the county …
Article • June 15, 2011 • from PLN June, 2011
Savings from North Carolina Prisoner Slave Labor Result in Additional Prison Beds by David Reutter by David M. Reutter Touting its 140-year history of using prisoner slave labor, the North Carolina Department of Correction (NDOC) announced in January 2011 that it will save taxpayers $27 million when building more than …
Article • June 15, 2011 • from PLN June, 2011
Ninth Circuit Upholds Washington’s “Two Strikes Law” for Repeat Sex Offenders by On September 23, 2010, the Ninth Circuit Court of Appeals held that the State of Washington’s “two strikes” law for repeat sex offenders, which results in a mandatory sentence of life in prison without the possibility of parole, …
New York Jury Awards Wrongfully Convicted Man $18.5 Million, but Court Grants Motion to Set Aside Verdict by On November 2, 2010, a New York federal jury awarded $18.5 million to a man who was cleared of a rape conviction after serving more than two decades in prison. At the …
Article • June 15, 2011 • from PLN June, 2011
Filed under: Sentencing, Good Time
Washington Prisoner Discovers Good Time Error; County Officials Admit and Correct Mistake by David Reutter by David M. Reutter Washington State’s Kitsap County Jail (KCJ) has corrected an error in how it calculates and awards “good time” to prisoners, after a former prisoner discovered the mistake and brought it to …
Article • June 15, 2011 • from PLN June, 2011
PHS and NY Jail Employees Have Conflict of Interest with Legal Representation by A federal district court found that a conflict of interest existed with the Corporate Counsel of the City of New York (Corporate Counsel) representing individual employees of Prison Health Services (PHS), because they had conflicting defenses. The …
Louisiana Sheriff Cages Suicidal Prisoners in Space Smaller than Required for Dogs by “These people need to be locked up,” said Louisiana’s St. Tammany Parish Sheriff Jack Strain, Jr., referring to prisoners at his jail. “They performed like animals in our society and they need to be caged like animals.” …
Article • June 15, 2011 • from PLN June, 2011
$149,500 Settlement for Hawaiian Prisoner Denied Medical Care After Transport Accident by A $149,500 settlement has been reached in a lawsuit brought by a Hawaiian prisoner who was denied medical care for injuries suffered after a prison transport van was involved in an accident. Scott Tenney and six other prisoners …
Article • June 15, 2011 • from PLN June, 2011
Federal Courts Reject Leniency Pleas from Politically-Connected Defendants by David Reutter by David M. Reutter Despite a prosecutor’s request for a probationary sentence, a Massachusetts federal judge sentenced Patrice Tierney, 60, the wife of U.S. Representative John F. Tierney, to 30 days in prison followed by five months on house …
Washington: Pierce County Jail Suit Ends After 15 Years by In a report and recommendation to partly deny the defendants’ motion to terminate a consent decree related to conditions of confinement at Washington State’s Pierce County Jail, U.S. Magistrate Judge J. Kelley Arnold cited conditions that contributed to the deaths …
Article • June 15, 2011 • from PLN June, 2011
New York Ex-Jail Doctor Charged With Selling Prescription Painkillers by The former clinical director of the jail in Nassau County, New York was charged in December 2010 with selling oxycodone, oxycontin and roxycodone without performing patient evaluations or exams. Martin Roginsky, 82, was charged with ten felony counts of criminal …
States Scramble to Find Lethal Injection Drugs by David Reutter by David M. Reutter “From this day forward I no longer shall tinker with the machinery of death.” —Supreme Court Justice Harry Blackmun, Callins v. Collins, 501 U.S. 1141 (1994) The only American producer of sodium thiopental has abandoned the …
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