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Sixth Circuit: No Eleventh Amendment Immunity When ADA Claim Includes Fourteenth Amendment Violations by Matthew Clarke by Matt Clarke On January 5, 2010, the Sixth Circuit Court of Appeals upheld a Michigan district court’s denial of Eleventh Amendment immunity for a claim involving both a violation of the Americans with …
Article • July 15, 2010 • from PLN July, 2010
Georgia Officials Receive Prison Sentences in Charge-Fixing Scheme by Two former DeKalb County, Georgia officials have been sentenced to federal prison for their involvement in a criminal charge-fixing scheme. In 2008, an unidentified defendant arrested on a drug offense was told by DeKalb County pretrial officer Keith C. Hughes and …
Article • July 15, 2010 • from PLN July, 2010
Filed under: News, News in Brief
News in Brief: by Australia: In May 2010, guards at the Mobilong prison in South Australia discovered a fake gun made of matchsticks. Prison staff searched an unnamed prisoner and found the faux weapon after they noticed him behaving suspiciously. Authorities described the matchstick gun as highly realistic; it was …
Article • July 15, 2010
Assaulted Washington Prisoner Paid $2,500 for Injuries by On June 29, 2004, the state of Washington paid $2,500 to settle with a prisoner who was assaulted by guards at Airway Heights Corrections Center. Prisoner Rockland Barney claimed that on November 11, 2002, a guard was banging on his cell door …
Article • July 15, 2010 • from PLN July, 2010
Filed under: International, Immigration
California Counties Vie to House ICE Prisoners by Michael Brodheim Santa Clara County, California – where local law enforcement authorities have policies against cooperating fully with Immigration and Customs Enforcement (ICE) in terms of enforcing immigration laws – has turned a blind eye to its pro-immigration values and contracted with …
Article • July 15, 2010 • from PLN July, 2010
Erroneously Released Texas Prisoner Entitled to Credit on Sentence by Matthew Clarke by Matt Clarke On February 4, 2009, the Texas Court of Criminal Appeals held that a state prisoner who had been erroneously released through no fault of his own, and who had not violated any of the conditions …
Article • July 15, 2010 • from PLN July, 2010
New Jersey DOC Agrees to Let Prisoner Preach by In November 2009, the New Jersey Department of Corrections (DOC) settled a lawsuit brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA). The suit, filed by the ACLU on behalf of a New Jersey state prisoner, alleged the DOC …
Media Agencies Intervene to Unseal Records in Prisoner’s Wrongful Death Suit by Brandon Sample On November 4, 2005, Earl Krugel was killed while exercising on the recreation yard at the Federal Correctional Institution (FCI) in Phoenix, Arizona, a medium-security facility. Krugel, an activist for the Jewish Defense League, had been …
Sacramento County Partially Settles Taxpayer Suit Alleging Il-legal Conditions of Confinement in Juvenile Facilities by Michael Brodheim The parties to a taxpayer lawsuit seeking declaratory and injunctive relief, which alleges that conditions in Sacramento County’s juvenile detention facilities violate state statutory, constitutional and regulatory laws, reached a partial settlement and …
Article • July 15, 2010 • from PLN July, 2010
Filed under: Sentencing, Immigration
Oregon Offers Early Release to Illegal Immigrants Who Consent to Deportation by Michael Brodheim Seeking to cut costs in the face of a recession that has forced many states to reconsider their criminal justice priorities, Oregon officials have signed a memorandum of understanding with the U.S. Department of Homeland Security’s …
Article • July 15, 2010 • from PLN July, 2010
The Politics of Death: Throwing Mumia Abu-Jamal Under the Bus by Dave Lindorff “I would unite with anybody to do right and with nobody to do wrong.” – Frederick Douglass On the evening of February 25, 2010, participants at the Fourth World Congress Against the Death Penalty in Geneva, Switzerland …
CMS Nurse Denied Summary Judgment for Failure to Treat Prisoner for Heat Illness;$400,000 Settlement Following Sixth Circuit Ruling by David Reutter by David M. Reutter In February 2009, the Sixth Circuit Court of Appeals affirmed the denial of summary judgment to a Correctional Medical Services (CMS) nurse in a lawsuit …
Article • July 15, 2010 • from PLN July, 2010
Wisconsin County Pays $750,000 to Settle Jail Sex Abuse Suit by A woman who was sexually assaulted at a jail in Monroe County, Wisconsin has received $750,000 as part of a settlement in a federal civil rights case. While awaiting trial on charges of felony battery of a police officer, …
Article • July 15, 2010 • from PLN July, 2010
Arkansas Federal Jury Awards $261,000 to Male Prisoner Raped by Male Guard by On July 16, 2009, a federal jury awarded $261,000 to a former Arkansas prisoner who was sodomized and forced to perform oral sex on a guard. While incarcerated at the Varner Supermax Unit, Jason D. Palton was …
Article • July 15, 2010 • from PLN July, 2010
Convictions Upheld in Appeal of Lynne Stewart, Attorney to Blind Sheikh, but Case Remanded for Resentencing by Justin Miller On December 23, 2009, a federal appeals court upheld the convictions of disbarred defense attorney Lynne Stewart and criticized what it called a “strikingly low sentence” for her offenses, which were …
Only Three States in Compliance with Unfunded Federal Sex Offender Mandates by Matthew Clarke by Matt Clarke In 2006 Congress enacted the Adam Walsh Act, which requires states to institute stricter monitoring of sex offenders or face losing 10% of their federal crime-prevention grants. Although all states were supposed to …
Kentucky Lethal Injection Protocol Adopted in Violation of APA by Brandon Sample The lethal injection protocol adopted by the Kentucky Department of Correction (DOC) was promulgated in violation of the state’s Administrative Procedure Act (APA), the Kentucky Supreme Court decided on November 25, 2009. Kentucky, like most other states that …
Article • July 15, 2010 • from PLN July, 2010
Pennsylvania County Jail Settles Medical Indifference Suit for $55,000 by Butler County, Pennsylvania has agreed to settle a medical deliberate indifference lawsuit for $55,000. In April 2006, James Raub was arrested and taken to the Butler County Prison. During the booking process, he told guards and a nurse that he …
Article • July 15, 2010 • from PLN July, 2010
Valley Fever Cases at California Prison Increase in 2009 by According to The Fresno Bee, the number of cases of Valley Fever among California prisoners at the Pleasant Valley State Prison in Coalinga nearly doubled from 2008 to 2009. Data reported by prison officials to the Fresno County Public Health …
Eighth Circuit Upholds $2,501 Retaliation Judgment Against Arkansas Prison Guard by The U.S. Court of Appeals for the Eighth Circuit has affirmed a $2,501 award to an Arkansas state prisoner who was subjected to retaliation by an Arkansas Department of Correction (ADC) guard. On June 23, 2007, ADC prisoner Walter …
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