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Article • May 15, 2011 • from PLN May, 2011
Filed under: Family, Family Law
Practice of Jailing Parents Who Owe Child Support Raises Questions, Concerns by Matthew Clarke by Matt Clarke Statistics from fiscal year 2009-2010 indicate that parents living in the San Antonio, Texas area who fail to pay child support run a greater risk – five times greater – of being jailed …
Report Documents Scope of Prosecutorial Misconduct in California by Michael Brodheim by Mike Brodheim In October 2010, the Northern California Innocence Project (NCIP) of the Santa Clara University School of Law published a study regarding the extent of prosecutorial misconduct in California. The study explores the ways in which the …
Article • May 15, 2011 • from PLN May, 2011
California Jury Awards Native American Prisoner $150 on Due Process Property Claim by A federal jury awarded $150 in damages to California prisoner Gregory L. Rhoades, a Native American, after finding that the property room officer at Corcoran State Prison, defendant D. Adkison, had violated Rhoades’ 14th Amendment due process …
Article • May 15, 2011 • from PLN May, 2011
Jailing for Debt on the Rise by Matthew Clarke by Matt Clarke The use of arrest warrants to jail people who have defaulted on debts is increasing. In Minnesota alone, there were 845 civil arrest warrants issued against debtors in 2009, an increase of 60% compared with 2004. Over a …
Article • May 15, 2011 • from PLN May, 2011
Two California Prisoners Die as a Result of Doctor’s Negligence by Derek Gilna A Costa Mesa, California doctor’s negligence contributed to the deaths of two prisoners and near-blindness of a third, according to a December 2010 announcement by the state’s medical board. Dr. Allan J.T. Yin, 74, was placed on …
Article • May 15, 2011 • from PLN May, 2011
No Interlocutory Appeal from Denial of Motion for Reconsideration; $6,000 Settlement in New York Jail Abuse Case by The collateral order doctrine does not allow government defendants to take an interlocutory appeal from the denial of a motion for reconsideration of a district court’s denial of qualified immunity, the Second …
Article • May 15, 2011 • from PLN May, 2011
CA Inspector General Finds 15 of 17 Prisons Demonstrate Low Adherence to Established Medical Policies and Procedures by Michael Brodheim by Mike Brodheim In August 2010, California’s Office of the Inspector General (OIG) issued a report summarizing and analyzing the results of medical inspections at 17 of 33 adult prisons …
Article • May 15, 2011 • from PLN May, 2011
Wisconsin DOC Settles Transgender Prisoner’s Lawsuit by The Wisconsin Department of Corrections (WDOC) has agreed to settle a lawsuit brought by a transgender prisoner who sought treatment for her gender identity disorder. The settlement ended seven years of litigation. The suit was filed in federal court in 2003 by Scott …
Third Circuit Upholds BOP Early Rule against APA Challenge by On October 26, 2009, the U.S. Court of Appeals for the Third Circuit joined the Eighth Circuit in holding that the Bureau of Prisons (BOP) did not violate the Administrative Procedure Act (APA) in categorically excluding certain offenders from early …
Article • May 15, 2011
Washington DOC Agrees to Pay $6,500 to Settle Slip and Fall Claim by On November 14, 2007, the State of Washington agreed to pay a woman who slipped and fell at the entrance of a Department of Corrections (DOC) facility $6,500. Beverly Smith slipped and fell while leaving a DOC …
Washington State Agrees to Pay $275,000 to Settle Employment Discrimination Claim by The State of Washington has agreed to pay $275,000 to a female Department of Corrections (DOC) employee who experienced harassment because of her gender, and retaliation as a result of an EEOC complaint about the matter. Carol Grandmontagne …
Article • May 15, 2011
Connecticut DOC Guards Terminated For Outlaw Motorcycle Club Association by Connecticut Department of Corrections (DOC) guards appealed the dismissal of their 42 U.S.C. § 1983 action after being disciplined and terminated for associating with an Outlaw Motorcycle Club (OMC) in violation of DOC policy directives. The dismissal was affirmed. DOC …
Article • May 15, 2011
Filed under: Medical, Kidney, Malpractice
Doctor’s Treatment of Prisoner's Chronic Kidney Failure Without Examination States A Claim by The Ninth Circuit reversed the dismissal of a state pro se prisoner's complaint holding that the facts alleged at this early stage may state a claim for medical deliberate indifference. California state prisoner Jessie Watson filed a …
Article • May 15, 2011
Missouri Escape Rule Bars Post-Conviction and Habeas Corpus Filing by Missouri state prisoner Alan Echols appealed his federal habeas corpus denial after being denied state post-conviction relief based on Missouri's escape rule, which bars the review of post-conviction claims from prisoners who escape from incarceration. The denial was upheld by …
Article • May 15, 2011
Plaintiff Entitled to Washington State Patrol's Electronic Accident Records by The Superior Court of Washington held that accident records compiled by state police were not protected information pursuant to 23 U.S.C. § 409. Plaintiff Michael Gendler filed suit alleging the Washington State Patrol denied him accident reports in violation of …
Article • May 15, 2011
Summary Judgment for Michigan DOC Denied In Kosher Meal Suit by A Michigan federal district court ruled that the question of whether a prison's policy is a "less restrictive" means of determining a prisoner's religious sincerity before allowing a Kosher diet is a question of fact precluding summary judgment. Michigan …
Article • May 15, 2011
$210,385.00 Settlement in Pierce County, Washington Prisoner’s Death by Washington State’s Pierce County paid $210,385.00 to settle a wrongful death suit in a prisoner’s death. Edward J. Devereux was booked into the Pierce County Jail on June 13, 2003. He was seen by Dr. V. G. Halarnaker on June 23, …
California’s Megan’s Law Applies Retroactively by California’s Fourth District Court of Appeal has affirmed that the California version of “Megan’s Law” may be retroactively applied to persons convicted of qualifying crimes prior to the statute’s 2004 enactment and subsequent amendments. In so holding, the Court rejected the petitioners’ equitable estoppel …
Prison Pays: Geo Corp Profits from Half-Way House Murder and Mayhem in Texas by Craig Malisow Despite a history of abuse and bad conditions, private-prison corporation GEO Group keeps getting contracts in Texas by Craig Malisow Anthony Ferrell left the Ben A. Reid halfway house in northeast Houston on October …
Article • May 15, 2011 • from PLN May, 2011
From the Editor by Paul Wright Welcome to the 21st anniversary issue of Prison Legal News. Since we started publishing 21 years ago, one thing has remained constant: prison and jail officials really don’t like PLN and try their best to censor us. The first three issues of PLN were …
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