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Private Prisons Don’t Make Better Prisoners by Andrew L. Spivak by Prof. Andrew L. Spivak The incarceration rate, which from the 1920s to the early 1970s hovered between about 100 to 120 state and federal prisoners per 100,000 Americans, has risen nearly fourfold. While the rate of increase has slowed …
$2.7 Million Settlement for Oklahoma Double Leg Amputee Jail Prisoner by On April 9, 2009, a federal district judge in Oklahoma signed a consent decree memorializing a $2.7 million settlement between an Oklahoma county and a former jail prisoner who suffered amputation of both legs while incarcerated at the jail. …
Oklahoma Lawmen Charged with Sundry Crimes by Mark Wilson In separate incidents, five Oklahoma prison and jail guards have been charged with crimes ranging from contraband smuggling and assault to murder. Former Sequoyah County jail guard Jarrod Anthony Yates pleaded guilty on October 2, 2008 to violating the civil rights …
Oklahoma Legislators Not Considering Closing State Prisons, Unless They Are by Matthew T. Clarke by Matt Clarke On April 7, 2009, Oklahoma State Senate President Pro Tem Glenn Coffee was accused of asking the Oklahoma Department of Corrections (DOC) to conduct a study analyzing the cost of closing certain state …
Oklahoma Prisoner Beaten to Death After Celled with Co-Defendant He Testified Against by On March 11, 2009, at approximately 9:15 p.m., Paul David Duran, Jr., 23, a prisoner at the Oklahoma State Penitentiary (OSP) in McAlester, was found beaten to death fifteen minutes after being locked in a cell with …
Former Oklahoma Sheriff Convicted of Sex Crimes Now Where to Put Him? by by Gary Hunter Oklahoma officials are trying to decide the best way to incarcerate ex-sheriff Mike Burgess, 56, now that he is a convicted sex offender. On January 9, 2009 the former Custer County lawman was convicted …
Article • September 15, 2009 • from PLN September, 2009
Filed under: Medical, Medication, Skin
Oklahoma Prisoner Awarded $65,000 for Inadequate MSRA Care by Brandon Sample On March 12, 2009, Chief U.S. District Judge Claire Eagan entered judgment in the amount of $65,000 against an Oklahoma state prison Health Services Administrator (HSA) accused of failing to provide a prisoner adequate medical treatment. While incarcerated at …
Article • August 15, 2009 • from PLN August, 2009
Filed under: International, Immigration
OK Prisoners Released from Custody Despite Deportation Detainers by The Oklahoma Court of Criminal Appeals ordered two illegal aliens released from custody even though detainers for deportation had been filed with the county where they were being held, because the trial judge didn’t have authority to order them detained and …
State Where Claim Arose Controls Section 1983 Limitations Period by The Seventh Circuit Court of Appeals has held that a Wisconsin prisoner who sued for injuries under 42 U.S.C. §1983 that occurred while at a Corrections Corporation of America (CCA) facility is bound by the statute of limitations of the …
Sexual Abuse by Prison and Jail Staff Proves Persistent, Pandemic by Gary Hunter Sexual assault, rape, indecency, deviance. These terms represent reprehensible behavior in our society. They also represent recurring themes in our nation’s prisons – not only by prisoners, but also by guards and other staff members. PLN’s August …
O'Neil v. Martin, OR, Complaint, Conditions of Confinement, Interstate Corr. Compact, 2009 1 2 3 4 5 6 7 8 IN THE CIRCUIT COURT OF THE STATE OF OREGON 9 FOR THE COUNTY OF MARlON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 …
Article • November 15, 2008 • from PLN November, 2008
Ex-Warden’s Wife Charged With Assisting Prison Escapee by Gary Hunter In April 2008, charges were filed against Bobbi Parker, 46, who is accused of hiding convicted killer Randolph Dial in her van and driving him out of the Oklahoma State Reformatory (OSR) on August 30, 1994. The pair remained missing …
Article • August 15, 2008
Okay for Sheriff to Fire Political Candidate by The Sheriff told his staff that if any of them ran against him, opposed his re-election, or was in any way disloyal to him, they would be fired. The plaintiff said he was running against the Sheriff, and he was fired. Three …
Article • August 15, 2008
Tenth Circuit Upholds DNA Testing by Richard Banks, Mary Doyle, Stanley Acuff, Melanie Alpin and Lisa Bell, all non-violent federal prisoners, challenged amendments to 42 U.S.C. § 14132(a), et seq, which allowed officials to collect blood samples from non-violent prisoners for DNA testing. The district court upheld the amendments, and …
Oklahoma Pays $844,000 for Comprehensive Performance Audit of DOC by Matthew Clarke by Matt Clarke On January 4, 2008, MGT of America, Inc. released a performance audit of the Oklahoma Department of Corrections (DOC). The 285-page report cost $844,000 and provided several clues as to how the prison system could …
Improper Jury Instruction Vacates Four Aggravated Rape Charges Against Oklahoma Sheriff by Federal prisoner and ex-Larimer County (Oklahoma) Sheriff Melvin Holly appealed his conviction for five counts of felony deprivation of rights related to numerous incidents of sexual abuse. He claimed that an inappropriate jury instruction had resulted in the …
Prison Doctors, Tainted by Regulatory Board Discipline, Administer Wisconsin Prisoner Care by David Reutter by David M. Reutter Whenever prisoners complain about inept healthcare, prison officials accuse them of being manipulating whiners, or assert they are being administered the ?community standard of care? by competent medical professionals. A review by …
Article • May 15, 2008
No Court Access Violation to Deny Law Library Access to Pro Se Defendant by The criminal defendant knowingly and voluntarily waived the right to counsel and represented himself. The fact that he did so contingent on having access to a law library and legal materials, which were not in fact …
Article • May 15, 2008
Public Entities Can Assert Attorney Client Privilege by Public entities (the county Board of Commissioners and Sheriff's office) are entitled to assert the attorney-client privilege. Documents prepared in anticipation of being sued under the Civil Rights of Institutionalized Persons Act are protected by the work product doctrine in subsequent § …
Article • May 15, 2008
Exclusion of Violent Offenders from BOP Good Time Program Upheld by The petitioner was denied a sentence reduction after he had successfully completed a substance abuse program. The Federal Bureau of Prisons did not exceed its statutory authority in excluding prisoners who had prior, rather than current, convictions for violent …
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