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Article • June 15, 2012 • from PLN June, 2012
Filed under: News, News in Brief
News in Brief by California: Saul “Scrappy” Perez, 23, and William Lloyd Coats, 45, incarcerated at the Glenn County jail, were charged with drug-related offenses after being caught smoking pot in the jail’s exercise yard on January 24, 2012. A guard noticed unusual activity near the toilet area on the …
Article • June 15, 2012 • from PLN June, 2012
Washington Prisoners Have No Right to Inspect Records Under Public Records Act by Brandon Sample Prisoners who request records from the Washington Department of Corrections (DOC) under the Public Records Act (PRA) do not have a right to inspect records without cost, the Court of Appeals, Division II held in …
Article • May 15, 2012 • from PLN May, 2012
Filed under: News
Alabama Uses Federal Stimulus Money to Prop up Prison System by Alabama allocated 11% of its federal education stimulus funds to its prison system. Of the $1.1 billion the state received from the U.S. Department of Education from 2009 to 2010, the state gave more than $118 million to the …
Civil Commitment Must be Challenged through Commitment Proceedings Instead of Habeas Corpus by Brandon Sample A federal prisoner challenging his or her civil commitment detention under the Adam Walsh Act (Act) as a “sexually dangerous person” may not resort to habeas corpus for such challenges, the U.S. Court of Appeals …
Article • May 15, 2012 • from PLN May, 2012
Filed under: News, News in Brief
News in Brief by Arizona: Former state prison guard Anthony Rinaldi, 26, allegedly shot and killed his wife on December 13, 2011, telling a 911 operator, “She is definitely dead – I put two to the chest and one to the head.” He then left his house, drove up behind …
Article • May 15, 2012 • from PLN May, 2012
New Washington State Law Eliminates Tolling of Community Custody upon Violation by The Washington State Court of Appeals, Division Three, has ruled that a 2011 state law “eliminates tolling of the term of community custody while the offender is serving a sanction for violation of the conditions of that community …
Florida Lawmakers Disband Correctional Medical Authority by The Florida legislature did an end-run around a veto by the Governor by eliminating funding for the state’s prison medical oversight agency, thereby causing it to disband. With Florida turning to private companies to provide prisoner healthcare services, there is concern that medical …
Florida Citizen Fights CCA over Public Records Request by Prison officials tend to frown on public records requests. In fact, employees at a Florida facility operated by Corrections Corporation of America (CCA) were so ruffled by a citizen’s request for records that they called the cops. Joel Chandler, 47, has …
Article • May 15, 2012 • from PLN May, 2012
Arizona Privatizes Health Care in State Prison System by On April 27, 2011, Arizona Governor Jan Brewer signed into law House Bill 2154, which resulted in the privatization of medical care for prisoners in the Arizona Department of Corrections (ADC). The move comes three years after ADC’s food services were …
$1,000 for Ohio Public Record Destruction; Party Must Intend to Obtain Record to Collect by The Ohio Supreme Court held that a party may not prevail on a suit for destruction of public records unless they actually intend to obtain the records in question. In July, 2007, Timothy Rhodes made …
Article • May 15, 2012
Michigan Supreme Court Reverses Its Own Decision Allocating Greater Funding for State’s Public Defender Offices by Derek Gilna By Derek Gilna In an unusual decision, criticized by the American Civil Liberties Union, the Michigan Supreme Court on July 17 reversed itself and threw out a lawsuit that would have required …
Fourth Circuit Reverses Injunction Relating to Publication of Social Security Number on Virginia Land-Transfer Records by Derek Gilna By Derek Gilna The appeal arose from a First Amendment challenge to Virginia's Personal Information Privacy Act, Va. Code Sec. 59.1-442 to 444, part of which prohibits “[i]ntentionally communicat[ing] another individual's social …
Article • May 15, 2012
Filed under: Vermin, News
Connecticut Prison’s Groundhog Extermination Program Outrages PETA, Prisoners & Guards by Connecticut Prison’s Groundhog Extermination Program Outrages PETA, Prisoners & Guards In the unlikeliest of alliances, PETA (People for the Ethical Treatment of Animals), has joined Connecticut prisoners and guards in condemning the "barbaric slaughter” of woodchucks (aka ground hogs) …
Denial of Attorney’s Fees and Costs Reversed in New Hampshire Public Records Suit by The New Hampshire Supreme Court vacated a trial court's denial of costs under the State's "Right-to-Know Law," RSA chapters 91A and 215.A (2001 & Supp 2006). ATV Watch (ATV), a non-profit organization, monitors the use and …
Article • May 15, 2012
Virginia FOIA Inapplicable to State Corporation Commission by The Virginia Supreme Court held that the Virginia Freedom of Information Act (VFOIA) does not apply to the State Corporation Commission (SCC). On May 13, 2009, George H. Christian requested that the SCC produce documents pursuant to the VFOIA. On May 22, …
Article • May 15, 2012
Filed under: News, State Legislation
Washington Impound Law Does Not Bar Conversion Action by The En Banc Washington State Supreme Court held that the statutory process for redeeming impounded vehicles is not an exclusive remedy. As such, the court held that a person whose vehicle is unlawfully impounded may bring a conversion action against the …
Article • April 15, 2012 • from PLN April, 2012
Filed under: News, News in Brief
From the Editor by Paul Wright This month’s cover story on the prevalence of prisoner rape and sexual abuse by prison and jail staff is the third major article of its type PLN has run since 2006. This is in addition to the dozens of articles we publish each year …
Article • April 15, 2012 • from PLN April, 2012
Filed under: News, News in Brief
News in Brief: by California: Former San Quentin prison guard Robert Alioto, 48, pleaded guilty on December 5, 2011 to smuggling drugs into the facility. Alioto was a warehouse supervisor at the prison when he was found with six cell phones and marijuana during a search of his vehicle as …
Article • April 15, 2012 • from PLN April, 2012
Illinois Governor Signs Bill Banning Death Penalty, Commutes All Death Sentences by Matthew Clarke by Matt Clarke On March 9, 2011, Illinois Governor Pat Quinn signed legislation banning the death penalty for state crimes in Illinois. He also commuted the sentences of the state’s 15 death row prisoners to life …
Article • April 15, 2012 • from PLN April, 2012
Filed under: Criminal Prosecution, News
Texas Prison Guard Gets Five Years for Scalding Child by Alex Friedmann On February 29, 2012, former Texas Department of Criminal Justice prison guard Henry Benson III, 31, was convicted by a state court jury of “recklessly” burning a child he was babysitting. Benson, formerly employed at the Connally Unit …
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