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Article • March 15, 2011 • from PLN March, 2011
Sixth Circuit Holds Pre-1992 Michigan Lifers Not Entitled to Ex Post Facto Relief by In what may prove to be a major blow to parole-eligible life-sentenced prisoners in Michigan, the Sixth Circuit has rejected an as-applied ex post facto challenge to the retroactive application of changes in Michigan’s parole laws. …
Article • March 15, 2011 • from PLN March, 2011
California Prison System Lays Off Teachers, Vocational Instructors by Michael Brodheim Due to a $60 billion budget deficit in fiscal year 2009-2010, California prison officials decided to slash funding for rehabilitative programs for prisoners. And while state employees affected by the resulting layoffs cried foul (and fraud), prison officials claimed …
Article • March 15, 2011 • from PLN March, 2011
Virginia Federal Court Invalidates DOC Ban on Sexually Explicit Books by David Reutter by David M. Reutter A U.S. District Court has held that a Virginia Department of Corrections (VDOC) policy which prohibits “works of literature which include an explicit description of a sexual act or intercourse” is unconstitutional, both …
Article • March 15, 2011 • from PLN March, 2011
Filed under: Medical, Forcible Treatment
Terminally Ill Maryland Prisoner May Refuse Treatment; State’s Highest Court Denies Forced Treatment by Mark Wilson The Maryland Court of Appeals held that prison officials cannot force a terminally ill prisoner to undergo kidney dialysis treatment. In 1995, Troy Reid was sentenced to 40 years in the custody of the …
Article • March 15, 2011 • from PLN March, 2011
Ninth Circuit Rules Prisoners Not Required to Include Legal Theories in Grievances by The Ninth Circuit Court of Appeals has held that a prisoner need not use legal terminology nor present legal theories when exhausting administrative remedies before filing a civil rights suit. Jermaine Donte Griffin, an Arizona state prisoner …
Article • March 15, 2011 • from PLN March, 2011
Iowa Supreme Court Holds Inmate Assault Statute Only Requires Bodily Fluids from Another for Conviction by The Supreme Court of Iowa held that for a prisoner to be convicted of “inmate assault” in violation of Iowa Code § 708.3B (2005), there need only be proof that the prisoner caused a …
Article • March 15, 2011 • from PLN March, 2011
Filed under: Civil Procedure, Costs
Second Circuit Holds Costs May be Denied to Prevailing Party on Appeal by The prevailing party on appeal may be denied costs when, in a court’s discretion, taxing costs is deemed inequitable, the U.S. Court of Appeals for the Second Circuit held on November 2, 2009. New York resident Richard …
Second Circuit Reverses Denial of RLUIPA Dietary Claim by The Second Circuit Court of Appeals reversed a district court’s dismissal of the religious diet claims of two New York prisoners who practiced a religious faith called “Tulukeesh.” In 2003, New York prisoner Tyheem Keesh sought permission to practice his religion, …
Article • March 15, 2011 • from PLN March, 2011
Filed under: Searches, Drug Testing
North Carolina Prisoner Prevails in Claim Related to Paruresis, AKA “Shy Bladder” by The North Carolina Department of Correction (NDOC) has agreed to settle a prisoner’s lawsuit that accused NDOC officials and guards of exhibiting deliberate indifference to his medical diagnosis of “paruresis.” The settlement includes a monetary payment, attorney …
Wisconsin Civil Commitment Patients Denied Minimum Wage by The Wisconsin Court of Appeals held on March 31, 2010 that civilly committed patients are not entitled to minimum wage for the work they perform. Hung Nam Tran and Eric L. Fankhauser are civilly committed patients confined at the Wisconsin Resource Center …
Article • March 15, 2011 • from PLN March, 2011
Filed under: News, News in Brief
News in Brief: by Arizona: Corrections Corp. of America officials announced on December 24, 2010 that they had identified 43 prisoners who were involved in a riot a day earlier at CCA’s Red Rock Correctional Facility near Eloy. The prisoners, all from California, were placed in administrative segregation pending an …
$6,000 Settlement in D.C. Youth Prisoner’s Stabbing by The District of Columbia (D.C.) paid $6,000 to settle the negligence suit of prisoner Jeremiah Lester for injuries incurred from being stabbed by two other prisoners. While at D.C.’s Youth Center One in Lorton, Virginia on May 16, 1999, Lester was assaulted …
Article • March 15, 2011
$1,000 Jury Award in Indiana Negligence Claim Arising from Prisoner’s Assault by An Indiana state jury awarded $1,000 to a prisoner for injuries sustained in a prisoner-on-prisoner assault. The jury’s award was for a state law negligence claim, but the jury found for the defendants on the civil rights claim. …
Article • March 15, 2011 • from PLN March, 2011
Ohio Governor Spares Death Row Prisoner, Cites Problems with Evidence by Derek Gilna Kevin Keith, 46, on Ohio’s death row for murdering two women and a 4-year-old child, and scheduled for execution on September 15, 2010, was spared by Ohio Governor Ted Strickland. In commuting the death penalty portion of …
Article • March 15, 2011 • from PLN March, 2011
U.S. Supreme Court: No Federal Habeas Relief for California Lifer Parole Denials by John Dannenberg by John E. Dannenberg In a unanimous per curiam opinion, the U.S. Supreme Court (USSC) summarily reversed rulings by the Ninth Circuit Court of Appeals in two California parole cases in which the Ninth Circuit …
$373,000 Settlement in New York City Juvenile Facility “Building Tenders” Suit by Brandon Sample Echoing the violence of the Texas prison system during the 1970s where prisoners guarded other prisoners under an abusive practice known as the “building tenders” system, the City of New York has agreed to pay $373,000 …
Article • March 15, 2011 • from PLN March, 2011
Filed under: Medical, Medication, Malpractice
Disgraced Doctor Good Enough for Texas Prisoners by Matthew Clarke by Matt Clarke In 2006, Anita Goodman lost her 31-year-old son Aaron to an overdose of prescription medication as a wave of similar deaths rolled through Harris, Jefferson and Orange Counties in Southeast Texas. Aaron picked up a prescription drug …
New Mexico Corrections Secretary Lets Private Prison Firms Skate on Understaffing, Forgoes $18.6 Million in Fines by Matthew Clarke by Matt Clarke Former New Mexico Corrections Secretary Joe R. Williams did not pursue contractual penalties against Corrections Corporation of America (CCA) or GEO Group despite chronic understaffing by the two …
California Prison Officials Pay $10,000 to Settle Prisoner’s Retaliation, Conditions Suit by In April 2010, California state prisoner Charles Chatman accepted an offer of judgment from the defendant prison officials he had sued in federal court for allegedly retaliating against him in violation of the First Amendment because he filed …
Article • March 15, 2011 • from PLN March, 2011
BOP’s Furlough Notification Policy Not to be Addressed for Seven Years by Derek Gilna A September 2010 report by the Office of the Inspector General of the U.S. Department of Justice cast light on deficiencies with the Bureau of Prisons’ (BOP) furlough policy, and in doing so inadvertently highlighted the …
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