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Article • October 15, 2010 • from PLN October, 2010
Ninth Circuit Says Qualified Immunity Warranted for Comb-Binding Denial by Mark Wilson On December 2, 2009, the Ninth Circuit Court of Appeals found that a prison librarian was entitled to qualified immunity for denying a prisoner’s request to comb-bind his legal papers. Oregon prisoner Frank Phillips intended to file a …
Virginia Issues Report on Monitoring of Sex Offenders Subject to Registration by by Matt Clarke In January 2010, the Virginia State Police (VSP) issued a report on the monitoring of sex offenders who are required to comply with registration laws. The report noted a high rate of compliance (94%) with …
Article • October 15, 2010 • from PLN October, 2010
Washington Prisoners Need Not Show Prima Facie Case Upon Challenging Prison Discipline by David Reutter by David M. Reutter On February 4, 2010, the Washington State Supreme Court held that prisoners challenging prison disciplinary decisions do not have to make a prima facie case of prejudice to obtain review in …
Article • October 15, 2010 • from PLN October, 2010
Filed under: Death Row, Visiting
Georgia Ends Contact Visits for Death Row Prisoners by David Reutter by David M. Reutter Three non-execution deaths on Georgia’s death row in as many months, including two suicides, resulted in a focus on conditions for condemned prisoners at the Georgia Diagnostic and Classification Prison. The response by prison officials …
Texas Controversy: Governor Guts Forensic Science Commission by Matthew Clarke by Matt Clarke Texas Governor Rick Perry caused considerable controversy on Sept. 30, 2009 when he replaced three members of the Texas Forensic Science Commission, just two days before the commission’s hearing on a report that an innocent man may …
Article • October 15, 2010 • from PLN October, 2010
Seventh Circuit Upholds Ban on Dungeons & Dragons by Brandon Sample Seventh Circuit Upholds Ban on Dungeons & Dragons by Brandon Sample The Wisconsin Department of Corrections (DOC) may prohibit the Dungeons & Dragons (D&D) role-playing game and D&D-related publications without violating the First Amendment, the U.S. Court of Appeals …
Article • October 15, 2010 • from PLN October, 2010
For Lease: Never-Used 525-Bed Oregon Jail, $45 Million or Best Offer by Mark Wilson A seemingly good idea before the housing market collapsed, the 525-bed, $58 million Wapato Jail has sat empty in Portland, Oregon since construction was completed in 2004. County taxpayers are paying approximately $5 million annually on …
Article • October 15, 2010 • from PLN October, 2010
New York Prison Superintendents Live in Lap of Luxury on Taxpayer Subsidy by On the heels of a report that suggests ways to trim costs of New York’s prison system, several state legislators are calling for an end to subsidizing luxurious homes for prison superintendents. Residences for prison guards and …
U.S. Supreme Court: No Bivens Remedy Available Against PHS Staff by Brandon Sample On May 3, 2010, the U.S. Supreme Court held that employees of the U.S. Public Health Service (PHS) may not be sued for constitutional violations under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971). …
Third Circuit Reverses $642,398.57 Attorney Fee Award for RFRA Claim by Immigration Prisoner by The Third Circuit Court of Appeals reversed an immigration detainee’s $642,398.57 attorney fee award, finding that “the District Court’s degree of success inquiry under § 1988 was based on an impermissible reconstruction of the jury verdict.” …
Fraudsters Sentenced in Cornell Prison Construction Scheme by Brandon Sample A man who bilked almost $13 million from Cornell Corrections Corp. has been convicted of federal fraud and conspiracy charges, while two co-defendants pleaded guilty. In February 2010, Robert B. Surles was convicted by a federal jury in Atlanta, Georgia …
Article • October 15, 2010 • from PLN October, 2010
Successful Appellate Ruling Invalidating Statute Creates Prevailing Party for Attorney Fee Award by David Reutter by David M. Reutter The Washington State Supreme Court has held that a litigant who successfully gets an appellate court to vacate a prison disciplinary infraction and declare a statute unconstitutional is a prevailing party …
Article • October 15, 2010 • from PLN October, 2010
Exhaustion Excused Where Warden Misled Prisoner During Grievance Process by Brandon Sample Failure to exhaust administrative remedies may be excused when prison officials mislead a prisoner during the grievance process, the U.S. Court of Appeals for the Ninth Circuit decided on January 11, 2010. In May 2002, prisoner Gerson Nunez …
Article • October 15, 2010 • from PLN October, 2010
Ninth Circuit: Los Angeles County Not Liable for Occasional Over-Detentions by Michael Brodheim In an official-capacity action brought under 42 U.S.C. § 1983 against Los Angeles County Sheriff Leroy D. Baca, the plaintiffs alleged they remained in the custody of the Sheriff’s Department, in violation of their constitutional rights, for …
Female Assistant Attorney General Pleads Guilty in Wife-Beating Case by Mark Wilson An Oregon Assistant Attorney General (AAG) who defends against prisoners’ appeals in criminal cases was recently arrested for punching and strangling her wife; she entered treatment and pleaded guilty two weeks later. On February 12, 2010, AAG Susan …
Article • October 15, 2010 • from PLN October, 2010
Sexual Abuse of Youths at Tennessee Juvenile Facility Widespread by David Reutter by David M. Reutter A February 2010 news report by The Tennessean, Nashville’s daily newspaper, revealed that juvenile offenders are regularly sexually abused at the Woodland Hills Youth Development Center. The investigation followed a U.S. Department of Justice …
Brief • October 14, 2010
Riker v. Gibbons, NV, Memo Supporting Pltffs Motion to Approve Class Action, Medical Treatment, 2010 1 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 3 4 DAVID RIKER, et al., 5 6 7 8 Plaintiffs, v. JAMES GIBBONS, et al., Case No. 3:08-cv-00115-LRH-VPC MEMORANDUM OF POINTS AND AUTHORITIES …
Brief • October 13, 2010
Johnson v Minneapolis Police Mn Excessive Force Third Party Arrest Taser 2010 SUMMARY OF THE CASE The case begins with the arbitrary, warrantless search and seizure of a young African-American man, Joseph McClennon, by Minneapolis police officer Paul Schweiger. The search ends with McClennon’s release and Schweiger tossing a drug …
Brief • October 12, 2010
Morris v Ohio Department of Rehabilitation and Correction Oh Judgment Guard Liability Prisoner Injury 2010 [Cite as Morris v. Ohio Dept. of Rehab. & Corr., 2010-Ohio-5685.] Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us PETER A. …
Brief • October 11, 2010
Bain v Clark Vt Amicus Brief Public Records 2010 IN THE SUPREME COURT OF THE STATE OF VERMONT Docket No. 2009-468 Stephen Bain, Appellant v. Keith Clark and Tracy Shriver, Appellees Appeal from Vermont Superior Court, Civil Division, Windham Unit Docket No. 613-11-08 WMCV ______________________________________________________________________________ Brief Amicus Curiae of the …
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