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Article • November 15, 2005 • from PLN November, 2005
Overturned Conviction Nets Baltimore Man $1.4 Million by Maryland's Board of Public Works (BPW) awarded a Baltimore man $1.4 million for spending 27 years on a faulty murder conviction. In 1974, Michael Austin, then 25, was convicted for the murder of a grocery store security guard. Austin was not only …
Federal Prison Problematic For Texas Officials by Michael Rigby A 500-bed federal detention center may have caused more problems than it solved for cash-strapped Willacy County, Texas. Three county commissioners have already been convicted of accepting kickbacks from companies involved with the prison, and a state senator's ties to three …
Article • November 15, 2005 • from PLN November, 2005
Tulia Undercover Deputy Tom Coleman Convicted of Perjury by Hans Sherrer Tom Coleman was on top of the world after being honored as the Texas Department of Public Safety's 1999 Outstanding Lawman of the Year. The award was for his undercover investigation between January 1998 and July 1999 in the …
Article • November 15, 2005 • from PLN November, 2005
Procedural Default In Exhausting State Administrative Remedies Held Not A Bar To Bringing § 1983 Act by Procedural Default In Exhausting State Administrative Remedies Held Not A Bar To Bringing § 1983 Action; Supreme Court Grants Review by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals, deepening a …
Article • November 15, 2005 • from PLN November, 2005
Los Angeles County Pays $125,000 In Medical Negligence Juvenile Camp Death by Los Angeles County settled a surviving family's suit for $125,000 that alleged negligent medical care for their son who died while incarcerated in county juvenile facilities. Sixteen year-old William Lee was taken to Central Juvenile Hall after being …
Article • November 15, 2005 • from PLN November, 2005
Filed under: Crime/Demographics, Escapes
Escaped Murderer Found Eleven Years Later by Escaped Murderer Found Eleven Years Later Living With Warden's Wife by John E. Dannenberg Tipped off by a viewer of America's Most Wanted, Shelby County, Texas police on April 4, 2005 took into custody Randolph Dial, 60, a murderer who escaped from the …
Article • November 15, 2005 • from PLN November, 2005
Pro Se Tips and Tactics: Three-Strikes and No More by Daniel E. Manville Partial Payment of Filing Fees by Daniel E. Manville Introduction1 When filing a pro se lawsuit you may seek a waiver of the payment of the entire filing fee. However, with the enactment of the Prison Litigation …
Article • November 15, 2005 • from PLN November, 2005
Supreme Court Holds Penalty Phase by Supreme Court Holds Penalty Phase Shackling Violates the Due Process In a 7-to-2 decision that Justices Thomas and Scalia criticized as shunning common sense and risk[ing] the lives of courtroom personnel, with little corresponding benefit to defendants," the United States Supreme Court held that …
Article • November 15, 2005 • from PLN November, 2005
BJS Report Reveals Rising Imprisonment Rates, Trends In 2003 by by Michael Rigby Rising prison populations...record numbers of female prisoners...rampant overcrowding...continuing racial disparities. These are among the disturbing trends revealed by Prisoners in 2003, a Bureau of Justice Statistics report released in November 2004. At yearend 2003, 1,470,045 prisoners were …
Article • November 15, 2005 • from PLN November, 2005
Accounting Errors Plagued California Criminal Justice Agency by A defunct California agency charged with distributing grant money for crime prevention and victim aid may have cost the state millions in federal funds due to poor accounting practices, state auditors said on February 2, 2005. Lawmakers knew something was wrong at …
Article • November 15, 2005 • from PLN November, 2005
SABER's Sexual History Disclosure Requirement Violates Fifth Amendment by The Ninth Circuit Court of Appeals held that the compelled sexual history disclosure required by the Sexual Abuse Behavior Evaluation and Recovery Program (SABER) violates the Fifth Amendment's guarantee against self incrimination. The court also held that a supervised release condition …
Jail Prisoner Strangles Psychiatrist; Jury Awards $2.6 Million by A Florida jury awarded $2,650,260 in the strangling death of a psychiatrist doing an evaluation on a prisoner at the Collier County Jail. David J. Hoyer was doing a court ordered competency evaluation on January 3, 2001, when he was attacked …
Article • November 15, 2005 • from PLN November, 2005
PLRA Limits Prisoner's Attorney Fees Incurred Defending by PLRA Limits Prisoner's Attorney Fees Incurred Defending Appeal of Successful § 1983 Suit by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals held that after a prisoner wins a 42 U.S.C. § 1983 lawsuit for damages, the Prison Litigation Reform …
Article • November 15, 2005 • from PLN November, 2005
Mass Parole Re-Hearings in Tennessee Following AG Opinion by Alex Friedmann With some level of irony, on June 7, 2005 the Tennessee Attorney General's office sent a letter to the state's Board of Probation and Parole, recommending that the Board limit the amount of time between parole hearings and suggesting …
Seventh Circuit Reverses Dismissal of BOP Medical Neglect Case; by District Court Abused Discretion in Denying Counsel The Seventh Circuit Court of Appeals reversed a lower court's denial of the appointment of counsel to a prisoner. The court also vacated the grant of summary judgment to prison officials on medical …
U.S. Corrections Corporation Stock Suit by U.S. Corrections Corporation Stock Suit Settled for $13.2 Million The former owners of U.S. Correctional Corporation (USCC) have agreed to settle a lawsuit over misuse of the employee stock-ownership plan for $13.2 million. Prior to 1998, when it was purchased by Corrections Corporation of …
Article • November 15, 2005 • from PLN November, 2005
Filed under: News, News in Brief
News in Brief: by Alabama: On September 7, 2005, Carl Ward, 40, escaped from the Elmore Correctional Facility in Montgomery where he worked outside the prison compound in a warehouse. Using a knife, Ward took an employee's wallet and car keys, restrained him with masking tape and stole his car. …
Fired, Tattooed, Nude-Posing Guard Settles with Maryland DOC for $10,000 by by Matthew T. Clarke Maryland has agreed to pay an ex-guard who appeared nude on a website and in a tattoo magazine $10,000 to get her to drop her wrongful discharge claim after an administrative law judge sided with …
PLN Loses Florida Writer Pay Ban/Censorship by David Reutter Lawsuit: Appeal Pending by David M. Reutter A Florida federal district court has held that PLN has not suffered, and is not currently suffering, a significant First Amendment injury from Florida Department of Corrections (FDOC) rule, policies, or procedures that ban …
Article • November 15, 2005 • from PLN November, 2005
Mississippi Juvenile Legal Access Class Action Settled by On January 12, 2005, Mississippi settled a class action suit challenging a policy at the Colombia Training School (CTS) which severely limited residents' access to legal counsel. CTS is a co-ed juvenile detention facility in Mississippi. The residents range in age from …
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