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Prison Health Services Doctors Caught in Scandals by In a two-week period in July 2010, two doctors employed by Prison Health Services (PHS) were involved in scandals that led one to resign while the other was arrested. PHS regional medical director Dr. Trevor P. Parks was accused of not being …
Article • March 15, 2011 • from PLN March, 2011
Prisoner Labor Used to Clean Up BP Oil Spill by Matthew Clarke by Matt Clarke On April 20, 2010, an explosion on Deepwater Horizon, an offshore drilling platform in the Gulf of Mexico, killed 11 workers. The accident resulted in an oil spill that leaked oil into the gulf for …
Article • March 15, 2011 • from PLN March, 2011
Former Orange County Jail Detainee Paid $750,000 to Settle Guard Tasering Suit by In March 2010, Orange County, California paid $750,000 to settle a civil rights suit filed by Matthew Fleuret, a former jail prisoner who alleged he was subjected to excessive force following his arrest in March 2006 on …
Band-aid Applied to Florida’s Homeless Sex Offender Colony Falls Off by David Reutter by David M. Reutter When Florida’s Miami-Dade County adopted an ordinance that extended the 1,000-foot state law residency restrictions for sex offenders to 2,500 feet, the estimated 100 sex offenders who return to Miami-Dade each year after …
Article • March 15, 2011 • from PLN March, 2011
From the Editor by Paul Wright On an ongoing basis PLN conducts sample mailings to the mailing lists of other organizations and publications as part of our efforts to reach new potential subscribers who may not be aware of us and to encourage them to subscribe. Occasionally this causes some …
Article • March 15, 2011 • from PLN March, 2011
Nevada Agrees to Settle Class Action Lawsuit Over Medical Treatment at Ely State Prison by In July 2010, Nevada officials agreed to settle a federal class action lawsuit filed by the ACLU pursuant to 42 U.S.C. § 1983 that alleged constitutionally inadequate medical care at Ely State Prison. The ACLU …
Article • March 15, 2011 • from PLN March, 2011
Safety Concerns of a Prisoner Rights Lawyer by by Jane Kahn As part of the small talk that happens during holiday gatherings and at other events during the year, people ask me what I do. My work involves representing California prisoners with severe mental illness. I am frequently asked whether …
Article • March 15, 2011 • from PLN March, 2011
Filed under: News, State Legislation
Second Circuit: New York’s Persistent Felony Offender Statute Held Constitutional in En Banc Ruling by Matthew Clarke by Matt Clarke The Second Circuit Court of Appeals found that New York’s Persistent Felony Offender Statute (PFOS), N.Y. Penal Law § 70.10 , which allows enhancement of sentences for prior felony convictions, …
U.S. Supreme Court Upholds $625,000 Judgment for Female Prisoner Molested by Ohio Prison Guard by John Dannenberg by John E. Dannenberg On January 24, 2011, the U.S. Supreme Court (USSC), ruling on a relatively minor procedural issue regarding the timing of a defense motion for summary judgment, upheld a $625,000 …
Federal BOP’s Exclusions from Early Release Incentive for Substance Abuse Program Completion Struck Down by by Stephen G. Yagman The U.S. Ninth Circuit Court of Appeals has invalidated the federal Bureau of Prisons’ (BOP) policy statement, 28 C.F.R. § 550.58(a)(1)(iv)(2000), see 65 Fed.Reg. 80745-01 (Dec. 22, 2000), that denies prisoners …
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 …
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