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Article • July 15, 2010 • from PLN July, 2010
From the Editor by Paul Wright The cover story of this month’s issue of Prison Legal News is no surprise to our readers. The pay-to-stay luxury jails in Southern California first came to my attention over a year ago when a reporter from the Los Angeles Times called to ask …
Article • July 15, 2010 • from PLN July, 2010
California Uses $1.08 Billion in Federal Stimulus Funds to Pay Prison Guard Salaries by Michael Brodheim In a November 2009 letter to Governor Schwarzenegger and legislative leaders, California State Auditor Elaine Howle reported that corrections officials had greatly overstated the number of jobs they saved using $1.08 billion in federal …
Article • July 15, 2010 • from PLN July, 2010
New Medical Director at Texas Jail Previously Sanctioned by In December 2009, McLennan County, Texas commissioners Lester Gibson, Kelly Snell and Joe Mashek admitted that a candidate for the medical director’s position at the McLennan County Jail had previously been sanctioned by the Texas Medical Board. That didn’t stop them …
U.S. Supreme Court to Review California Prison Population Reduction Orders by John Dannenberg by John E. Dannenberg On June 14, 2010, the U.S. Supreme Court (USSC) agreed to review orders entered by a three-judge federal district court panel in California that would relieve overcrowding in that state’s prison system by …
Florida Prison Psychiatrist Resigns; License Revoked Over Sex with Patient by David Reutter by David M. Reutter Prisoners often believe that prison health care personnel are second-rate and incompetent, and likely couldn’t find work in non-correctional settings. The December 2, 2009 resignation of a Florida Department of Corrections (FDOC) psychiatrist …
Article • July 15, 2010 • from PLN July, 2010
Florida’s Civil Rights Restoration Process Insufficiently Funded by David Reutter by David M. Reutter With Florida continuing to face budget shortfalls due to the economic crisis, Governor Charlie Crist is looking for ways to slash government spending. However, his efforts are drawing fire from those who question cutting the budget …
Dallas County Jail Settles Three Medical-Related Suits for $795,000 by In April 2009, a federal jury in the U.S. District Court for the Northern District of Texas awarded $355,000 to Robert Duvall for injuries he suffered when he was denied medical treatment at the Dallas County Jail. Less than three …
Article • July 15, 2010 • from PLN July, 2010
Texas Youth Commission Ombudsman Resigns Following Smuggling Indictment by Matthew Clarke by Matt Clarke On November 30, 2009, Catherine S. Evans, a former Dallas state district judge and the newly-appointed ombudsman for the Texas Youth Commission (TYC), resigned after she was indicted on a third-degree felony charge for smuggling a …
Article • July 15, 2010 • from PLN July, 2010
Marsy’s Law Enjoined in California by Michael Brodheim On February 4, 2010, in a class-action suit brought under 42 U.S.C. § 1983 by eight plaintiffs seeking to represent a class of California state prisoners serving life sentences with possibility of parole, U.S. District Court Judge Lawrence K. Karlton issued two …
Article • July 15, 2010 • from PLN July, 2010
One in Six HIV-Infected Americans Spent Time in Prison or Jail in 2006 by Michael Brodheim The authors of a study published in November 2009, which was partially funded by the Emory Center for AIDS Research, reported that the number of HIV/AIDS cases involving releasees from prisons and jails in …
Houston Police Department Conducted Blood Draw Training on Prisoners by Greg Dober In 2009, to expedite DWI arrests, the Houston Police Department sent seven officers to Lone Star College to be trained as certified phlebotomists. A phlebotomist is a qualified medical technician who draws a person’s blood. During the course …
Article • July 15, 2010 • from PLN July, 2010
Second Circuit Ruling in Post-9/11 Immigration Detention Case by Matthew Clarke by Matt Clarke On December 18, 2009, the Second Circuit Court of Appeals issued an opinion in a federal class-action suit brought by illegal immigrants arrested in sweeps following the 9/11 attacks and incarcerated at the Metropolitan Detention Center …
Article • July 15, 2010 • from PLN July, 2010
Massachusetts Supreme Judicial Court: Sheriff May Not Charge Jail Fees by Matthew Clarke by Matt Clarke On January 5, 2010, the Supreme Judicial Court of Massachusetts held that the Sheriff of Bristol County could not charge fees for certain jail services. In 2002, prisoners at the Bristol County House of …
Article • July 15, 2010 • from PLN July, 2010
Former New York Corrections Commissioner Receives Four-Year Prison Sentence by Matthew Clarke by Matt Clarke On February 18, 2010, a New York federal judge sentenced Bernard “Bernie” Kerik, 54, to four years in federal prison after Kerik pleaded guilty to five counts of making false statements to federal agents, two …
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 …
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