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Article • December 15, 2010 • from PLN December, 2010
Florida Disciplinary Record Must Prove Constructive Possession of Contraband by Florida’s First District Court of Appeal granted a writ of certiorari to a prisoner who challenged a circuit court’s denial of his mandamus petition that sought to reverse a prison disciplinary conviction. The First District held there was insufficient proof …
Article • December 15, 2010 • from PLN December, 2010
Michigan Prison System Exceeds Budget, Again by In two of the last three years, the Michigan Department of Corrections’ (MDOC) budget has “blown through its caps,” according to state Rep. John Proos. A May 27, 2010 letter from Robert Emeron, director of the state budget office, informed lawmakers that the …
Article • December 15, 2010 • from PLN December, 2010
$195,000 Award for Injury Resulting from NY Prison Garbage Detail by A New York Court of Claims has awarded a former prisoner $195,000 for injuries she sustained while working on a garbage detail. In an April 29, 2008 order, the court found the State of New York 100% liable. The …
Article • December 15, 2010 • from PLN December, 2010
Maricopa County, Arizona Settles Prisoner Suicide Claim for $125,000 by On March 31, 2010, the Maricopa County Board of Supervisors voted 4-0 to pay $125,000 to settle a claim against the county made by the family of a jail prisoner who killed himself in 2008. According to the notice of …
Article • December 15, 2010 • from PLN December, 2010
$850,000 Verdict in Nebraska Prisoner’s Suicide by A Nebraska federal jury has awarded $850,000 to the estate of a prisoner who hanged himself with a bed sheet in his cell at the Dodge County Correctional Facility (DCC). The estate’s attorney, Maren L. Chaloupka, hailed the verdict as a wake-up call …
Article • December 15, 2010 • from PLN December, 2010
PLN Wins Public Records Ruling Against California Prison System by Matthew Clarke by Matt Clarke On December 23, 2009, a California superior court ruled that the California Department of Corrections and Rehabilitation (CDCR) had to produce records requested two years earlier by Prison Legal News. PLN made the request for …
Article • December 15, 2010 • from PLN December, 2010
AMA Passes Resolution Prohibiting Shackling of Pregnant Prisoners in Labor by On June 15, 2010, the American Medical Association (AMA) adopted a resolution prohibiting the use of restraints on a female prisoner “in labor, delivering her baby or recuperating from the delivery,” absent compelling grounds to believe that she poses …
Article • December 15, 2010 • from PLN December, 2010
U.S. Supreme Court Holds Significant Injury Unnecessary for Excessive Force Claims by Brandon Sample More than de minimis injury is not required to state an excessive force claim, the U.S. Supreme Court unanimously decided on February 22, 2010. In Hudson v. McMillian, 503 U.S. 1 (1992) [PLN, May 1992, p.3], …
Article • December 15, 2010 • from PLN December, 2010
Filed under: News, News in Brief
News In Brief: by Arizona: When Clayton Thornburg, 24, tried to escape from the Durango Jail in Phoenix on September 29, 2010, he left his clothes – and dignity – behind. Thornburg climbed over five fences topped with razor wire, which shredded his black-and-white striped jail clothes and left him …
The Graying of America’s Prisons by James Ridgeway Frank Soffen, now 70 years old, has lived more than half his life in prison, and will likely die there. Sentenced to life for second-degree murder, Soffen has suffered four heart attacks and is confined to a wheelchair. He has lately been …
Article • December 15, 2010 • from PLN December, 2010
From the Editor by Paul Wright Welcome to the last issue of Prison Legal News for 2010. By now subscribers should have received our annual fundraiser letter requesting donations. Unlike other non-profit organizations, we do not bombard our subscribers with dozens of beg letters a year; we only send out …
Article • December 15, 2010 • from PLN December, 2010
$10.5 Million Settlement in Tennessee Juvenile’s Death Caused by Guard’s Chokehold by The privately-operated Chad Youth Enhancement Center (Chad) in Ashland City, Tennessee paid $10.5 million to settle a lawsuit involving a juvenile’s death. The youth, Omega “Manny” Leach, 17, died from asphyxiation caused by a guard’s chokehold on June …
Audits of Tennessee DOC Reveal Deficiencies by Mark Wilson The Tennessee Department of Correction (TDOC) and several of its contractors violated state law, according to two audit reports issued by the Comptroller of the Treasury’s Division of State Audit. According to an April 2009 financial and compliance audit, the TDOC …
Article • December 15, 2010 • from PLN December, 2010
Washington State Federal Court: Unconstitutional to Shackle Prisoner in Labor by Matthew Clarke by Matt Clarke On May 3, 2010, a U.S. District Court in Washington State held it was unconstitutional to shackle a prisoner in labor. Cassandra Brawley, 30, was a Washington state prisoner. In 2006 she was arrested …
Article • December 15, 2010 • from PLN December, 2010
$1.5 Million Settlement in Suffolk County Jail Class Action Toilet Suit by A $1.5 million settlement has been reached in a class action lawsuit on behalf of approximately 4,000 former prisoners of Building 4 of Massachusetts’ Suffolk County House of Correction. The complaint alleged Eighth Amendment violations for cruel and …
Article • December 15, 2010 • from PLN December, 2010
Filed under: Media, Prisoner Media
Breaking Free: Prisoners Find Voice in Zines by Danielle Maestretti "I swore that this time, I wouldn’t allow you to destroy me, to steal my life no matter what you did to me. Somewhere along the way, I found that I wasn’t a victim. I would be a survivor, a …
Article • December 15, 2010 • from PLN December, 2010
Florida Prison Guards Plead Guilty to Federal Cocaine Charges by As a result of plea agreements reached between April and May 2010, eleven Florida prison guards and five other defendants have pleaded guilty to federal cocaine possession charges. The arrests occurred following a two-year investigation into corruption at Florida prisons …
Virginia Grand Jury Finds Misconduct at County Jail by Michael Brodheim The findings of a Virginia grand jury convened in September 2007 to investigate “conditions that involve or tend to promote criminal activity” at the Henry County Jail were released to the public on February 1, 2010. After interviewing current …
$1.8 Million Settlement in New Mexico Woman’s Attempted Jail Suicide by David Reutter by David M. Reutter A lawsuit that claimed insufficient suicide prevention procedures and staff training at New Mexico’s Santa Fe County Adult Detention Facility (SFCADF) resulted in a woman’s suicide attempt has been settled for $1.8 million. …
Article • December 15, 2010 • from PLN December, 2010
Colorado Closes Boot Camp Program by David Reutter by David M. Reutter Following the graduation of 23 prisoners from its boot camp program on May 27, 2010, Colorado suspended the program. A combination of high costs and low returns led to the boot camp being scuttled. Military-style boot camps for …
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