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California Enacts Strong Sexual Abuse in Detention Elimination" Act by California Enacts Strong Sexual Abuse in Detention Elimination" Act by John E. Dannenberg To aid compliance with the federal Prison Rape Elimination Act (PREA) of 2003 (Public Law 108-79), California enacted Assembly Bill 550 (AB 550), the Sexual Abuse in …
Article • March 15, 2006 • from PLN March, 2006
Police Department Class Action Fraud Suit Filed Against Stun Gun Maker by by John E. Dannenberg A class action lawsuit against Taser International, Inc., the Arizona-based manufacturer of police stun guns, was filed on July 18, 2005 in Chicago U.S. District Court on behalf of the Dolton, Illinois police department …
New Mexico Jail Prisoners Raped by Judge and Guards Settle for $890,000 by On June 3, 2004, ten female prisoners who were allegedly raped by a New Mexico judge and jail guards settled their lawsuit for $890,000. The plaintiffs, who had been confined in the Española City Jail, claimed municipal …
Article • March 15, 2006 • from PLN March, 2006
PLN Questions John Ashcroft on the Death Penalty by by Alex Friedmann On Feb. 13, 2006, former U.S. Attorney General John Ashcroft gave a presentation in favor of the death penalty at Vanderbilt University in Nashville, Tennessee as part of the school's Project Dialog series. The series' theme for 2006 …
Wackenhut Settles Pennsylvania Suicide Suit For $125,000 by On May 11, 2005, Wackenhut Corrections Corporation (now known as Geo Group) agreed to settle for $125,000 a lawsuit arising from the suicide death of a prisoner in the Wackenhut-operated George W. Hill Correctional Facility, also known as the Delaware County prison. …
Article • March 15, 2006 • from PLN March, 2006
Appointment Of Counsel Ordered To Determine California Prisoner's Request For Post-Appeal DNA Testin by Appointment Of Counsel Ordered To Determine California Prisoner's Request For Post-Appeal DNA Testing In a case of first impression, the California Court of Appeal strictly construed Penal Code § 1405 to require that the Superior Court …
Washington Jail Pays Teenager $400,000 for Rape While Imprisoned by Washington's Franklin County has paid $400,000 to settle a lawsuit brought by a former pretrial detainee who was raped in the Franklin County Correctional Center (FCCC) by another detainee. The civil rights claim brought in a Washington federal court alleged …
Article • March 15, 2006 • from PLN March, 2006
New York Governor Illegally Halts the Release of 12 Sex Offenders by by Gary Hunter New York Governor George Pataki illegally ordered twelve sex offenders, scheduled for release from prison, to be committed to New York's Manhattan Psychiatric Center (MPC), between September 23 and October 21, 2005. On November 2, …
BOP Enjoined from Terminating Boot Camp Program by A Massachusetts federal district court has entered a preliminary injunction against the Bureau of Prisons (BOP), enjoining it from terminating its boot camp" incarceration program, pending compliance with the Administrative Procedures Act (APA), and requiring good faith consideration of the plaintiff for …
Article • March 15, 2006 • from PLN March, 2006
Sixth Circuit Upholds Michigan Ban On Prisoner Appeals of Discretionary Denials of Parole by The Sixth Circuit U.S. Court of Appeals upheld Michigan's lately revised statute that forecloses state prisoners from challenging discretionary denials of parole. Because the former availability of such a challenge had led to thousands of mostly …
Article • March 15, 2006 • from PLN March, 2006
New Jersey Settles Prisoners Freedom of Religion Suit by New Jersey Settles Prisoners Freedom of Religion Suit On November 14, 2005, the state of New Jersey settled a prisoners civil rights lawsuit by paying him $2,000 and allowing him to practice the Wicca religion and to receive related literature and …
Article • March 15, 2006 • from PLN March, 2006
California DOC Watched Over by Toothless Bureau of Independent Review by While Californias $7.4 billion Department of Corrections and Rehabilitation (CDCR) continues to report solely to the Governors Secretary of Corrections, the CDCR is also being overseen by the Bureau of Independent Review (BIR), reporting to the Governor. The good …
Article • March 15, 2006 • from PLN March, 2006
COPS Program Fails To Arrest Crime, Funding Improprieties by by Michael Rigby Police chiefs and politicians across the nation have hailed the Community Oriented Policing Services (COPS) program as largely responsible for the sharp drop in crime that began in the mid-1990s, USA Today recently reported. But now--10 years and …
Florida Closes Scandal Ridden Girls Facility, Takes Over Control of Another Juvenile Facility by Only five years after it was opened, legislators have shut down the scandal ridden Florida Institute for Girls (FIG) built at a cost of $7.9 million, FIG will remain empty until Floridas Department of Juvenile Justice …
Article • March 15, 2006 • from PLN March, 2006
Withholding Legal Mail States Legal Access Claim by by Bob Williams The United States Court of Appeals for the Tenth Circuit has held that withholding legal mail while a prisoner is out to court states a colorable claim for denial of legal access because it impedes efforts to pursue litigation. …
Nebraska Supreme Court Reverses Dismissal of Prisoners Drug Testing § 1983 Claim by Nebraska Supreme Court Reverses Dismissal of Prisoners Drug Testing § 1983 Claim The Nebraska Supreme Court reversed a lower courts dismissal of a prisoners 42 U.S.C. § 1983 action, finding that he stated a cognizable claim for …
Article • March 15, 2006 • from PLN March, 2006
Theft of Prisoners Book by Guards Valid Legal Basis for Texas Civil Suit by Theft of Prisoners Book by Guards Valid Legal Basis for Texas Civil Suit A Texas court of appeals has held that a claim that two Texas state prison guards removed a law book from a prisoners …
Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA by Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA The Fourth Circuit Court of Appeals reversed a district courts award of $35,934.66 in attorneys fees, costs, and expenses under the …
Court Orders Mob Boss Released from SHU by A New York federal district court has ordered a federal pretrial detainee released from administrative detention into general population because the government had other means of preventing him from communicating with the members of his crime family. Vincent Basciano moved pursuant to …
New York Jail Detainee Awarded $233,000 in Damages and Fees for Excessive Force Claim by David Reutter by David M. Reutter A New York federal district court reduced a jurys damage award in a prisoners civil rights action alleging excessive force by guards. The total award came to $165,000 and …
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