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Article • May 15, 2011 • from PLN May, 2011
Filed under: News, News in Brief
News In Brief: by California: Tonya Henderson, a former guard at the California Institution for Men in Chino, resigned in May 2010 after she was arrested for stealing $3,000 worth of merchandise from a Target store, including a steam cleaner and a big-screen TV. She was in her prison uniform …
Judge Declines to Terminate Orders Requiring Air-conditioned Housing for Heat-sensitive Prisoners by Brandon Sample New York U.S. District Court Judge Harold Baer, Jr. has declined to terminate a series of orders requiring New York City jail officials to house “heat-sensitive” prisoners in air-conditioned cells when temperatures reach 85 degrees Fahrenheit …
Summary Judgment for Massachusetts DOC Medical Provider Reversed by Brandon Sample The Appeals Court of Massachusetts has reversed a grant of summary judgment in favor of a Massachusetts Department of Corrections (DOC) contract medical provider, subcontractor and contract staff alleged to have provided inadequate dental care. John Sullivan, a prisoner …
Fifth Circuit: Wyoming Prisoner May Sue Texas Private Prison Officials by Matthew Clarke by Matt Clarke On June 16, 2008, the Fifth Circuit Court of Appeals ruled that a Wyoming state prisoner housed at a privately-operated prison in Texas could sue private prison officials for retaliation and taking money from …
Article • May 15, 2011 • from PLN May, 2011
Select Legal Topics, by Andrew J. Schatkin, 
University Press of America, 625 pp (Sept. 2009), $69.95 by Matthew Clarke Select Legal Topics, by Andrew J. Schatkin, 
University Press of America, 625 pp (Sept. 2009), $69.95 Book Review by Matt Clarke The overwhelming characteristic of Select Legal Topics: Civil, Criminal, Federal, …
Article • May 15, 2011 • from PLN May, 2011
Study Highlights the Burden of Fees, Debt Collection on Criminal Defendants by Derek Gilna In an October 2010 report examining the fifteen states that have the highest prison populations, the Brennan Center for Justice found that the practices of imposing new “user fees” on criminal defendants, raising the amounts of …
Article • May 15, 2011 • from PLN May, 2011
Filed under: Sentencing, Parole
Elaborate California Parole Violator Sting Nabs 150 by About 150 California parole violators recently learned the hard way that “if it sounds too good to be true, it probably is.” California corrections officials set up an elaborate scheme targeting 2,700 of the state’s 14,000 parole violators, by sending letters to …
Article • May 15, 2011 • from PLN May, 2011
Colorado Officials Lead Efforts to Modernize Afghan Prisons by Derek Gilna Bill Zalman is the leader of a team of prison officials from Colorado that has been tapped to help train the wardens of Afghanistan’s prisons in modern correctional practices. The head of the Bureau of International Narcotics and Law …
Sweeping Settlement Covers Medical and Mental Health Care at Wisconsin Women’s Prison by On August 23, 2010, the American Civil Liberties Union (ACLU) and ACLU of Wisconsin filed a settlement agreement in U.S. District Court that will improve medical and mental health care and conditions of confinement for disabled prisoners …
Article • May 15, 2011 • from PLN May, 2011
$75,000 Settlement in Pennsylvania Jail Beating by A $75,000 settlement has been reached in a lawsuit brought by a former prisoner who was beaten by guards at Pennsylvania’s Westmoreland County Prison (WCP). In June 2009, James P. Edwards, 28, was arrested on a parole violation. He was on parole following …
Article • May 15, 2011 • from PLN May, 2011
Conviction Affirmed for Former Prisoner Who Posed as Lawyer by by Brandon Sample Howard O. Kieffer “is not an attorney, never obtained a college degree and has never attended law school or passed a bar exam,” wrote the Chief Judge of the Eighth Circuit Court of Appeals, in affirming Kieffer’s …
Article • May 15, 2011 • from PLN May, 2011
Connecticut Sues Prison Builders for $18 Million by Gary Hunter On February 27, 2008, Richard Blumenthal, Attorney General for the State of Connecticut, announced that his office had sued 13 contractors and their insurers seeking more than $18 million in connection with the construction of 22 buildings at the York …
State Auditor Finds Vermont Sex Offender Registry Unreliable by Matthew Clarke by Matt Clarke On June 25, 2010, the Vermont State Auditor released a report entitled Sex Offender Registry: Accuracy Could be Significantly Improved. As the title implies, the auditors found critical or significant errors in 79% of the community-based …
Fifth Circuit: Sex Offender Conditions May be Imposed for Prior Sex Offense by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that a person on parole for a crime that was not a sex offense, but who had completed a sentence for a prior sex offense …
Eleventh Circuit Finds Disabled Prisoner in Imminent Danger for Filing Fee Purposes by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has vacated a Georgia federal district court’s injunction that prohibited a prisoner from submitting future filings, and reversed the lower court’s dismissal of the prisoner’s …
Class Certification Denied in Colorado Jail Mental Health Challenge by Mark Wilson The Tenth Circuit Court of Appeals has affirmed the denial of class-action certification in a lawsuit concerning mental health care at a Colorado jail. Several prisoners at the El Paso County Jail filed suit in federal court in …
Contempt Order Upheld Against Kentucky DOC Commissioner by by Mark Wilson On August 15, 2008, the Kentucky Court of Appeals unanimously affirmed a lower court order holding former Dept. of Corrections Commissioner John Rees in contempt of court. Fifteen-year-old Daniel Ottman pleaded guilty to first-degree assault following a 2004 shooting …
Article • May 15, 2011
Ninth Circuit: “Some Evidence” of Offense Viciousness Justifies Denial of Lifer’s Parole by Marvin Mentor The Ninth Circuit U.S. Court of Appeals held that the denial of a second degree murderer’s parole by the California parole board (BPT), based upon factors relating solely to the commitment offense, was justified when …
Article • May 15, 2011
Tenth Circuit Follows Jones v. Bock, Reverses Full-Exhaustion Predicate in § 1983 Cases by John Dannenberg Tenth Circuit Follows Jones v. Bock, Reverses Full-Exhaustion Predicate in § 1983 Cases by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals realigned its jurisprudence to comport with the U.S. Supreme Court …
Article • May 15, 2011
Interference With Access to Legal Materials by Federal Prison Officials May Warrant Equitable Tolling by The U.S. Court of Appeals for the Tenth Circuit held that interference with a prisoner’s access to legal materials by the Bureau of Prisons (BOP) may warrant equitable tolling of the one-year deadline for seeking …
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