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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 …
Indiana Sex Offender Registration Law Can Not Be Retroactively Applied by The Indiana Sex Offender Registration Act (ISRA) can not be applied to offenders who committed their crimes before the statute’s enactment, the Indiana Supreme Court decided on January 6, 2010. Gary M. Hevner was convicted in 2008 of possessing …
Article • July 15, 2010 • from PLN July, 2010
Release Conditions Requiring Defendant to Tell Probation Officer about Romantic Relationships Vacated by On January 7, 2010, the U.S. Court of Appeals for the Second Circuit vacated a condition of supervised release that required a federal defendant to notify probation officials each time he entered into a “significant romantic relationship.” …
Article • July 15, 2010 • from PLN July, 2010
DNA Exonerations in Georgia Result in Disparate Compensation Awards by David Reutter by David M. Reutter The disparity in compensation awards for prisoners exonerated by DNA evidence in Georgia demonstrates the need for evenhanded compensation laws. Five wrongly convicted prisoners, Clarence Harrison, Robert Clark, Douglas Echols, Samuel Scott and Willie …
Guilty Pleas in Angola Horse Selling Scheme by David Reutter by David M. Reutter A federal investigation uncovered a fraudulent scheme at the Louisiana State Penitentiary at Angola in which horses were sold to private parties, bypassing required public auctions. Two indictments were handed down that resulted in guilty pleas. …
San Francisco Settles Wrongful Incarceration Cases for $7.5 Million by Michael Brodheim Nearly six years after his release from prison, Antoine Goff received a measure of belated justice – a $2.9 million settlement for almost 13 years of wrongful incarceration. Goff and his co-plaintiff, John “J.J.” Tennison, had filed complaints …
Canyon County Jail in Idaho Settles Conditions Suit With Consent Decree and $190,000 in Attorney’s Fees by Brandon Sample On November 12, 2009, Canyon County, Idaho agreed to settle a federal class-action suit against the Canyon County Jail (CCJ) that raised a myriad of claims related to unconstitutional conditions. Filed …
Article • July 15, 2010 • from PLN July, 2010
U.S. Department of Justice Releases Report on HIV in Prisons by In December 2009, the Bureau of Justice Statistics of the U.S. Department of Justice released a report entitled HIV in Prisons, 2007-08. The report indicates that while the number of prisoners with HIV increased in some states and decreased …
Article • July 15, 2010 • from PLN July, 2010
U.S. Senator’s Girlfriend, In-Law Get Department of Justice Jobs by Brandon Sample Melodee Hanes, the live-in girlfriend of U.S. Senator Max Baucus, who chairs the Senate Finance Committee, has received a high-level political appointment with the Department of Justice (DOJ). Hanes’ new job at the DOJ comes on the heels …
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