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Article • January 15, 2011 • from PLN January, 2011
Texas Capital Defendants with Hired Attorneys Rarely Receive Death Sentences by Matthew Clarke by Matt Clarke In February 2010, the American Constitution Society for Law and Policy (ACS) published an issue brief on the relationship between hired defense counsel and the death penalty. The brief concluded that defendants charged with …
Article • January 15, 2011 • from PLN January, 2011
$16 Million Award Upheld in Wrongful Conviction Resulting from Undisclosed Evidence and Relationship by The Eighth Circuit Court of Appeals has affirmed a $16 million jury verdict in a civil rights action that alleged a police detective had violated the due process rights of a defendant convicted of child molestation …
Article • January 15, 2011 • from PLN January, 2011
UNICOR-Made Military Helmets Recalled, Production Suspended by Derek Gilna The U.S. Department of Justice is conducting an investigation into military contracts issued to ArmorSource, an Ohio company, and then subcontracted to Federal Prison Industries (FPI), commonly known as UNICOR, following the recall of 44,000 potentially defective combat helmets. According to …
Article • January 15, 2011 • from PLN January, 2011
$300,000 Settlement for New York Guard’s Fondling of Prisoner by The New York State Department of Correctional Services agreed to pay $300,000 to settle a prisoner’s Eighth Amendment claim involving a sexual assault. Arthur Kill Correctional Facility prisoner Stephen Lewis advised his unit guard on November 8, 2007 that he …
Article • January 15, 2011 • from PLN January, 2011
Kansas No Longer a Leader in Post-Release Prisoner Programs by Derek Gilna The Kansas program that as recently as two years ago was cited as a model for reintegrating prisoners into society after their release no longer exists, according to state Rep. Pat Colloton, who heads the House Committee on …
Article • January 15, 2011 • from PLN January, 2011
U.S. Department of Justice Releases Report on Deaths in Jails by Matthew Clarke by Matt Clarke In July 2010, the U.S. Department of Justice’s Bureau of Justice Statistics released a report on mortality in U.S. jails from 2000 through 2007. During the 8-year period covered by the report, 8,110 prisoners …
Article • January 15, 2011 • from PLN January, 2011
Former Ohio Prison Guard Dies Shackled to Hospital Bed by Matthew Clarke by Matt Clarke For five years, Jeff Maier, 53, was an Ohio prison guard. Then for 13 months he was an Ohio state prisoner. The change from one side of the bars to the other occurred after Maier …
Article • January 15, 2011 • from PLN January, 2011
Seventh Circuit Reverses Summary Judgment for Guard in Illinois Jail Taser Case by The U.S. Court of Appeals for the Seventh Circuit reversed a grant of summary judgment for a guard who Tasered a federal pre-sentencing detainee at the Jerome Combs Detention Center in Kankakee County, Illinois. The prisoner alleged …
Article • January 15, 2011 • from PLN January, 2011
Oregon Jail Guard Latest to be Indicted for Sexual Misconduct by Mark Wilson On May 13, 2010, Oregon jail guard Darin L. Fox was charged with having sexual contact with female prisoners. He was arrested and booked into the Clackamas County Jail, where he had worked since 1998. He was …
California: Parole Agents Saw and Spoke to Kidnap Victim, Yet Failed to Identify or Rescue Her by While providing a legal analysis of claims against the California Department of Corrections and Rehabilitation (CDCR), a June 25, 2010 letter from the California Department of Justice noted that Jaycee Lee Dugard – …
Civilly Committing Sex Offenders Strains Some States’ Budgets by Matthew Clarke by Matt Clarke The twenty states that have civil commitment programs will spend close to a half-billion dollars in 2010 to incarcerate and provide treatment for some 5,200 civilly-committed sex offenders. The per-offender cost for civil commitment is much …
Article • January 15, 2011 • from PLN January, 2011
Political Patronage Scandal Rocks Massachusetts Probation Department by Derek Gilna A May 2010 investigative report in the Boston Globe took the Massachusetts Probation Department to task for bypassing qualified candidates for available job positions, instead employing at least 250 friends, relatives and financial backers of politicians and top court officials. …
Article • January 15, 2011 • from PLN January, 2011
Massachusetts: Court Lifts Stay of Discovery in Challenge to Treatment of Mentally Ill Prisoners by David Reutter by David M. Reutter The Disability Law Center, Inc. (DLC) has obtained an order lifting a stay of discovery in its suit against the Massachusetts Department of Correction (MDOC). As previously reported in …
Article • January 15, 2011 • from PLN January, 2011
Federal Restitution Law Failing Crime Victims by Michael Rigby by Mike Rigby A federal law meant to ensure that victims of violence, fraud and other property crimes are compensated for financial loss does not work as intended. According to the Mandatory Victims Restitution Act (MVRA) passed by Congress in 1996, …
Article • January 15, 2011 • from PLN January, 2011
Mississippi Supreme Court Holds Substance, Not Label, of Prisoner Petitions Governs by Mississippi courts must construe prisoner filings based on their substance, and not how they are labeled, the Supreme Court of Mississippi decided. Dennis Dobbs, a Mississippi state prisoner, filed a “Petition for an Order to Show Cause” with …
Article • January 15, 2011 • from PLN January, 2011
North Carolina Prison Censorship Class Action Suit Settled by A settlement has been reached in a class action lawsuit that challenged the way the North Carolina Department of Corrections (NCDOC) administers its policies related to the receipt of books and magazines by prisoners. The suit sought to enforce the First …
Georgia Prisoners Strike for Wages, Better Medical Care and Food by by Naomi Spencer Prisoners at seven Georgia state prisons called a strike on December 9, 2010 to protest against unpaid labor practices, poor conditions and violations of basic human rights. Thousands of prisoners participated in the protest by refusing …
Article • January 15, 2011 • from PLN January, 2011
Oregon Prisoner Holds Counselor Hostage, Gets New 68-Month Sentence by On May 11, 2010, an Oregon state prisoner was convicted of kidnapping and sentenced to an additional 68 months for holding a prison counselor hostage. John Anthony Brown, 42, was confined at the Coffee Creek Correctional Facility (CCCF), the Oregon …
Article • January 15, 2011 • from PLN January, 2011
California: Confiscation of Prisoner’s Mail May Violate First Amendment by In a First Amendment case alleging improper confiscation of a state prisoner’s incoming and outgoing mail, U.S. District Court Judge Susan Illston denied a motion for summary judgment filed by prison officials. In 2007, Marcus Harrison, a validated member of …
Article • January 15, 2011 • from PLN January, 2011
California: Harsh Sentencing Laws and Health Care Costs Strain Corrections Budget by In May 2010, responding to a legislative request for information related to the impact of correctional operations on California’s budget, State Auditor Elaine Howle submitted a report subtitled “Inmates Sentenced Under the Three Strikes Law and a Small …
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