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Article • June 15, 2010 • from PLN June, 2010
Ninth Circuit: California Lifers Have No Inherent U.S. Constitutional Right to Parole by John Dannenberg by John E. Dannenberg In a major loss for California lifers, the Ninth Circuit U.S. Court of Appeals, in an en banc ruling, held that a second-degree murderer who had served 27 years on a …
Article • June 15, 2010 • from PLN June, 2010
Filed under: News, News in Brief
News in Brief: by Argentina: Prisoners Maximiliano Pereyra, 25, and Ariel Diaz, 28, escaped from a maximum security facility in early April 2010. The men eluded capture by stealing full sheep skins and blending in with a large herd of sheep on a nearby ranch. Police said spotting the pair …
Article • June 15, 2010 • from PLN June, 2010
$1,500 Settlement for Wisconsin Prisoner’s Cold Cell Conditions Claim by The Wisconsin Department of Corrections paid $1,500 to settle a prisoner’s lawsuit alleging violations of his Eighth Amendment rights by being subjected to cold cell temperatures. Waupan Correctional Institution prisoner Jevon D. Jackson filed a civil rights action for being …
Article • June 15, 2010 • from PLN June, 2010
California: Budget Cuts Target Rehabilitation Programs by Michael Brodheim Forced to trim its budget by $1.2 billion, the California Department of Corrections and Rehabilitation (CDCR) is cutting back on rehabilitative programs that help reduce recidivism. On October 14, 2009, Donovan State Prison closed its “Right Turn” substance abuse program that …
Pennsylvania Judges Involved in Corruption Case Face Liability; 5,000 Convictions Thrown Out by David Reutter by David M. Reutter A Pennsylvania U.S. District Court has granted absolute judicial immunity to two former state court judges in a consolidated class-action civil rights suit. That immunity, however, only applied to judicial acts, …
$2,750 Settlement in California Prisoner’s Denial of Exercise Claim by The California Department of Corrections and Rehabilitation (CDCR) paid $2,750 to settle a prisoner’s Eighth Amendment claim for denial of exercise. The May 7, 2008 settlement came in a lawsuit filed by prisoner Terrell Curry. In his third amended complaint, …
Montana State and County Officials May be Liable for Injuries Caused by Private Prisoner Transport Company by The State of Montana and Montana counties may be held liable for mistreatment and injuries caused by private prisoner transportation companies, the Supreme Court of Montana held. Jaydon Paull was arrested in 2003 …
NACDL Releases Report on U.S. Drug and Mental Health Courts by Matthew Clarke by Matt Clarke In September 2009, the National Association of Criminal Defense Lawyers (NACDL) released a 74-page report on the state of America’s drug and mental health courts, reflecting the knowledge gleaned from over 130 expert witnesses …
PLN Prevails in Public Records Suit Against GEO Group by Alex Friedmann In May 2010, Prison Legal News announced that it had prevailed in a public records lawsuit filed against Florida-based GEO Group (formerly Wackenhut Corrections), the nation’s second-largest private prison company. PLN filed the suit in 2005 under Florida’s …
Virginia Sheriff Sentenced to 19 Months on Corruption Charges by In December 2009, the former sheriff of Page County, Virginia was sentenced to 19 months in federal prison on corruption charges. The sentence was imposed following a guilty plea to an indictment that originally included 22 counts. The story behind …
Article • June 15, 2010 • from PLN June, 2010
Fifth Circuit: RLUIPA Does Not Create Individual Capacity Cause of Action by The Fifth Circuit Court of Appeals has held that the Religious Land Use and Institutionalized Persons Act (RLUIPA) does not create a cause of action against defendants in their individual capacities. The Court also held that the denial …
Article • June 15, 2010 • from PLN June, 2010
Prison Psychologist Shoots Ex-Prisoner Boyfriend, Loses Her License by The North Carolina Psychology Board has revoked the license of a prison therapist who had a sexual relationship with a former prisoner – and shot him – upon his release. While Lamount K. Friend was at Neuse Correctional Institution, he participated …
Georgia Jail Settles PLN Censorship Suit, Pays $149,759.21 in Damages, Attorney Fees by On April 22, 2010, Prison Legal News announced that it had settled a First Amendment censorship suit against Fulton County, Georgia and former Fulton County Sheriff Myron Freeman. The lawsuit, filed by PLN in October 2007, claimed …
Oregon Prison Officials Treat Heart Failure with Antacid, Tylenol, Heat Pack by Mark Wilson In May 2007, Katherine Anderson was sentenced to 26 months in prison for embezzling $2,400 from her employer, a non-profit agency. She was sent to Oregon’s Coffee Creek Correctional Facility (CCCF). The 31-year-old mother of four …
BOP Agrees to Pay $30,000 to Prisoner Assaulted by Guards by On July 14, 2009, the Federal Bureau of Prisons (BOP) agreed to settle a lawsuit filed by a prisoner who was beaten by guards. On or about April 11, 2006, while being escorted to the Special Housing Unit (SHU) …
Article • June 15, 2010 • from PLN June, 2010
Oregon Youth Authority Warden Gives Agency a Black Eye by A “rising star” at the Oregon Youth Authority (OYA) pleaded guilty to six criminal offenses and was sentenced to four months in jail, probation and 160 hours of community service, and ordered to pay $11,500 in restitution. He gave OYA …
New Jersey: Class-Action Status Granted in Suit Challenging Conditions of Confinement at Passaic County Jail by Michael Brodheim On May 28, 2009, a U.S. District Court granted class-action status to prisoners seeking declaratory and injunctive relief for unconstitutional conditions of confinement at the Passaic County Jail (PCJ) in Paterson, New …
Article • June 15, 2010 • from PLN June, 2010
U.S. Attorney Nominees Involved in Hiding Court Records by David Reutter by David M. Reutter Two of the three nominees to be South Florida’s next U.S. Attorney have violated a basic tenet of court administration by acting to hide court records from the public. In 2002, U.S. Attorney nominee Daryl …
Article • June 15, 2010 • from PLN June, 2010
$60,000 Settlement in New York Jail Captain’s Assault on Prisoner by The City of New York paid $60,000 to settle a prisoner’s civil rights action. The case was succinctly defined as an incident where New York Department of Corrections (NY DOC) Captain Reginald Patterson not only “gratuitously punched an inmate, …
Article • June 15, 2010 • from PLN June, 2010
California: Furloughing Prison Employees Costing Taxpayers More by Michael Brodheim Faced with an unprecedented budget deficit, California Governor Arnold Schwarzenegger ordered state workers to stay home three Fridays each month, which amounts to a 14% pay cut. Known as the “Furlough Friday” program, the cost-cutting measure, implemented in February 2009, …
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