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Article • March 15, 2006 • from PLN March, 2006
Civil Commitment of Massachusetts Sex Offenders Expanding by by Michael Rigby Massachusetts prosecutors are using recent changes in state law to expand the number of sex offenders imprisoned through civil commitment, and it's costing taxpayers millions. In 2004 and 2005, the Massachusetts legislature and Governor Mitt Romney greatly expanded the …
Article • March 15, 2006 • from PLN March, 2006
Filed under: Private Prisons, Financing
Avalon Correctional Services Delisted From NASDAQ by On February 3, 2005, Avalon Correctional Services, Inc., announced that it had filed Form 15 with the Securities and Exchange Commission (SEC) to terminate the company's common stock pursuant to the Securities and Exchange Act of 1934 (SEA). This allows Avalon to cease …
Article • March 15, 2006 • from PLN March, 2006
Filed under: Sentencing, Parole
California Lifer's Understanding of Plea Agreement Does Not Create Entitlement to Parole by In 1984, Peter Honesto committed a murder in the course of kidnapping and robbery, exposing him to California's death penalty or life without parole. He accepted a plea agreement for 17-life for second degree murder. When later …
Article • March 15, 2006 • from PLN March, 2006
Florida DOC's Copy Cost Assessment Rule Declared Invalid by David Reutter by David M. Reutter Florida's First District Court of Appeal has held the Florida Department of Corrections (FDOC) does not have legislative authority to support its rule regarding the amount prisoners are charged for photographic copying services, authorizing deductions …
Article • March 15, 2006 • from PLN March, 2006
York County, Maine, Settles Class Action Strip-Search Suit for $3,300,000 by In April 2005, York County, Maine, agreed to settle for $3,300,000 a class action lawsuit alleging the county maintained an unconstitutional policy of strip-searching all pre-arraignment detainees in the York County Jail regardless of the charge against them. Plaintiffs …
Michigan Jail Settles Suicide Suit for $280,000 by On June 6, 2004, Wayne County, Michigan, agreed to pay $280,000 to settle a lawsuit filed by the family of a county prisoner who committed suicide days after he was attacked by another prisoner. Jose Perez was arrested on December 27, 2000, …
Article • March 15, 2006 • from PLN March, 2006
New Jersey's Legal Mail Policy Enjoined; Qualified Immunity Granted by A New Jersey federal district court has held that a prison policy of opening legal mail outside of prisoners' presence is unconstitutional, but that prison officials are entitled to qualified immunity from damages. This civil rights action was brought by …
Pre-Trial Defendant Released on Recognizance Is Not Subject to Warrantless Search Without Probable C by Pre-Trial Defendant Released on Recognizance Is Not Subject to Warrantless Search Without Probable Cause by John E. Dannenberg In a case of national first impression, the Ninth Circuit U.S. Court of Appeals held that when …
Los Angeles County Pays Prisoner $42,500 for Legal Malpractice by Public Defender by by John E. Dannenberg The County of Los Angeles paid $42,500 to settle a legal malpractice claim brought by a prisoner who suffered state prison plus felony disenfranchisement upon an unlawful conviction. In October 1992, Jose Castro, …
Article • March 15, 2006 • from PLN March, 2006
California Pays Innocent Prisoner $328,000 for Nine Years in Prison by John Dannenberg by John E. Dannenberg For only the twelfth time since 1981, California paid a wrongfully imprisoned person for his troubles. After serving nine years of a 27-life 1995 sentence for rape, a 38 year-old man was recently …
Myers v. CCA, VT, Complaint, Denying Treatment Medical Neglect, 2006 STATEMENT OF CLAIM 1). While incarcerated at West Tennessee Detention Mason Tennessee 38049 I was serving my prison sentence for the state of Vermont under a interstate contract agreement between the State of Vermont and CCA. CCA for the purpose …
Baker v. CCA, VT, Settlement, Lee riot guard beating, 2005 LYNN, TM1 & M1HALICH 7 FC ATTORNEYS AT LAW BARBARA R. BLACKMAN STEVEN C. COLLIER PIETRO J. LYNN JENNIFER G. MIHALICH MATTHEW A. SIEBEL HEATHER E. THOMAS JEFFREY S. MARLIN March 13, 2006 Devin McLaughlin, Esq. Langrock Sperry & Wool …
Brief • March 7, 2006
Jewell v. Gonzales, PA, Order, Bop R Rated Movie Ban, 2006 Case 1:97-cv-00408-SJM-SPB Document 80 Filed 03/17/2006 Page 1 of 55 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA RICHARD JEWELL, et al., Plaintiffs, v. ALBERTO R. GONZALES, et al., Defendants. ) ) ) ) ) …
Bailey v. MN DOC, MN, Order, ASL interpreter sex offender treatment disabled prisoner, 2005
Article • February 15, 2006 • from PLN February, 2006
Filed under: Medical, Vision
New York Prisoner Awarded $2,500 for Delayed Eyeglasses by On February 9, 2005, a New York court of claims awarded $2,500 to a state prisoner whose replacement eyeglasses were delayed for 10 months. Marc Herouard, a prisoner at the Fishkill Correctional Center, discovered on February 7, 2001, that his eyeglasses …
Article • February 15, 2006 • from PLN February, 2006
Filed under: News, News in Brief
News in Brief by News in Brief: Arizona: On July 10, 2005, Jerry Booker, 57, a guard at the Arizona State Prison Complex-Eyman in Florence was pistol whipping and threatening to shoot Nyeema Irby, 23, to collect a $50 drug debt Irby owed him when Irby pulled his own pistol …
Article • February 15, 2006 • from PLN February, 2006
Low Pay Drives Tennessee Guards to Smuggle Drugs, Contraband into Prisons by Tennessee lawmakers are complaining that their prison guards are helping to drugs and other contraband into the state's prisons. They specifically are bemoaning that those guards are being allowed to quit or resign without facing criminal prosecution when …
California and Connecticut Reinstate Jobs of Fired Guards by In a process fabled for reinstating 6070% of the jobs of fired prison guards, a unanimous California State Personnel Board (SPB) ordered the positions of six previously dismissed Youth Authority guards restored with full back pay. And in a strikingly similar …
Article • February 15, 2006 • from PLN February, 2006
NY State Prisoner Receives $400,000 Liver Transplant by by John E. Dannenberg An NBC News I-Team 10 investigation caused considerable media controversy when it reported that a New York state prisoner with end-stage liver disease had received a $400,000 liver transplant in November, 2005, at state expense. This is significant …
Second Circuit Upholds Guard's Rape Sentence Under Federal Guidelines by The U.S. Court of Appeals for the Second Circuit held that multiple counts of prisoner sexual abuse against a prison guard had been properly grouped under federal sentencing guidelines. While employed as a guard at the federal prison in Danbury, …
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