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Article • May 15, 2007 • from PLN May, 2007
Filed under: Sentencing, Good Time
WA Prisoners Entitled to Minimal Due Process Before Risk Level Demotion by Division 1 of the Washington Court of Appeals has ruled that the State Department of Corrections (DOC) must afford minimal due process to prisoners whose risk assessment levels it intends to demote. In 2000, Dion Xavier Adams, a …
Eleventh Circuit Remands ADA and Section 1983 Claims for Amended Complaint by John Dannenberg Eleventh Circuit Remands ADA and § 1983 Claims for Amended Complaint by John E. Dannenberg In two similar cases, the Eleventh Circuit U.S. Court of Appeals issued orders remanding prisoner complaints of Georgia?s violations of Title …
Article • May 15, 2007 • from PLN May, 2007
Prisoner’s Death After Restraint Settled By Los Angeles County For $80,000 by Prisoner's Death After Restraint Settled By Los Angeles County For $80,000 The Los Angeles County Claims Board settled a wrongful death lawsuit for $80,000 in December 2006 that resulted from a jail prisoner dying after being restrained of …
Article • May 15, 2007 • from PLN May, 2007
Audit of California DOC Contracted Healthcare Expenditures Reveals Rampant Waste, Abuse and Management Deficiencies by Marvin Mentor In August 2006, State Controller Steve Westly reported his fiscal review of the California Department of Corrections and Rehabilitation?s (CDCR) prisoner healthcare delivery system expenditures to Robert Sillen, Receiver for the California Prison …
Article • May 15, 2007 • from PLN May, 2007
Guards Sue California DOC for Identity Theft by Prisoner Workers by Thirty-one guards from Pelican Bay State Prison (PBSP), California?s supermax lockup, filed suit on May 23, 2006 in Sacramento Superior Court against the California Department of Corrections and Rehabilitation following the discovery that PBSP prisoners had obtained guards? names, …
Article • May 15, 2007 • from PLN May, 2007
Missouri Elective Abortion Ban Ruled Unconstitutional In Class Action by A federal court in Missouri held in a class action lawsuit that a prison policy barring elective abortions was unconstitutional and invalid. The Missouri Department of Corrections (DOC) and its medical provider, Correctional Medical Services (CMS), routinely transported women prisoners …
Article • May 15, 2007 • from PLN May, 2007
Washington DOC Settles Open Records Suit for $15,000 by On May 1, 2006, the State of Washington agreed to pay prisoner Allan Parmelee $15,000 to settle a lawsuit stemming from the Department of Corrections (DOC) refusal to provide him with records he had requested under the Public Disclosure Act (PDA), …
Article • May 15, 2007 • from PLN May, 2007
Jail Chaplains Scrutinized for Affairs with Female Prisoners by Two county jail chaplains in different states are being accused by female prisoners of seeking sex from them while in custody. When she was held in Indiana?s Morgan County Jail, Susan L. Robbins, 38, was involved in the jail?s GED program. …
Article • May 15, 2007 • from PLN May, 2007
California DOC Settles With PLN Over Restrictive Publications Policies: Changes Regulations, Pays Damages by John Dannenberg by John E. Dannenberg On December 19, 2006, the California Department of Corrections and Rehabilitation (CDCR) settled with Prison Legal News (PLN) over PLN's complaints of CDCR's restrictive publications-approval policies for California state prisoners. …
Article • May 15, 2007 • from PLN May, 2007
$128,000 Cost Fee Against Former Angolite Editor Reversed by Louisiana?s Third Circuit Court of Appeals has reversed a trial court?s order imposing a $128,000 court cost fee assessed against award winning former prison journalist Wilbert Rideau. PLN previously reported on Rideau?s release. Rideau is best known for his work as …
Article • May 15, 2007 • from PLN May, 2007
$110,000 Settlement for North Carolina Prisoner Beaten By Guards by A North Carolina prisoner who claimed jailers brutally beat him in the Mecklenburg County Jail (MCJ) will receive $110,000 in exchange for dropping his lawsuit against the county. Paul Midgett alleged that while imprisoned at MCJ on May 10, 2000, …
U.S. Supreme Court: Failure to Exhaust Remedies Is an Affirmative Defense Under the PLRA by John Dannenberg by John E. Dannenberg A unanimous U.S. Supreme Court held on January 22, 2007 that when a prisoner files an action governed by the Prison Litigation Reform Act (PLRA), the question of whether …
Article • May 15, 2007 • from PLN May, 2007
Missouri’s Lethal Injection Protocol Unconstitutional; Executions Stayed by Missouri's Lethal Injection Protocol Unconstitutional; Executions Stayed Finding the current method of Missouri's execution of prisoners by lethal injection subjected condemned prisoners to "an unacceptable risk of suffering unconstitutional pain and suffering," a Missouri federal district court stayed all executions in the …
Article • May 15, 2007 • from PLN May, 2007
A Devastating Link: Prisoner Rape and the War on Drugs by by Lovisa Stannow and Kathy Hall-Martinez The enormous financial and moral costs of the ?war on drugs? have been well-documented over the past few years. Less known is the devastating link between U.S. drug policy and the epidemic of …
Innocent Idaho Prisoner Receives $900,000 for 21 Years Wrongful Incarceration by After spending nearly twenty-one years incarcerated for murder, Donald M. Paradis was released from Idaho?s death row on April 10, 2001. Now, just over fiver years later, Paradis is set to receive $900,000 for his wrongful conviction and incarceration. …
Article • May 15, 2007 • from PLN May, 2007
Prosecutors Check Prospective Jurors’ Background, Hoping to Disqualify Them by Prosecutors Check Prospective Jurors' Background, Hoping to Disqualify Them An Ohio murder case has exposed a new tactic that prosecutors are using to disqualify potential jurors -- the use of a federal criminal records database to run background checks. Timothy …
From the Editor by Paul Wright This issue marks PLN?s 17th anniversary and our 205th issue since we first started publishing in May, 1990. This makes PLN the longest published, by far, independent prisoner publication in US history. About 95% of PLN?s articles remain written by current or former prisoners …
Article • May 15, 2007 • from PLN May, 2007
California Creates High Risk Sex Offender Task Force by By Executive Order S-6-08 (May 15, 2006), California?s Governor Arnold Schwarzenegger created the High Risk Sex Offender Task Force (HRSOTF). Its job was to advise the Secretary of the California Department of Corrections and Rehabilitation (CDCR) on policy upgrades regarding (1) …
Article • May 15, 2007 • from PLN May, 2007
Florida's Prison Industry Practices Tightening by David Reutter by David M. Reutter Three years after its scathing report on the corporate nepotism that was lining the pockets of administrators of Florida's Prison Industries and Diversified Enterprises (PRIDE), Florida's Office of Program Policy Analysis and Government Accounting (OPPAGA) has issued a …
PLN Uncovers Secret Sweetheart Settlement Between PRIDE and Former Board Members by David Reutter by David M. Reutter In its continual effort to expose corruption within prisons, PLN has uncovered the confidential settlement between Florida?s Prison Rehabilitation Industries and Diversified Industries (PRIDE) and the corporations spawned by its former directors? …
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