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Article • October 15, 2005 • from PLN October, 2005
Oklahoma Civil Action Timely by Under Mailbox Rule The Oklahoma Court of Appeals held that the prison mailbox rule applies to prisoner filings of civil actions. It also held that the trial court violated District Court rule 13(f) when it ruled on a summary judgment motion without giving the prisoner …
Rape Behind Bars: Bureau of Justice Statistics Issues First Report by by Andrea Cavanaugh The numbers only begin to tell the story. In July, 2005, the U.S. Bureau of Justice Statistics released its first-ever report on the prevalence of prisoner rape. A survey of U.S. prisons, jails, and youth facilities …
Article • October 15, 2005 • from PLN October, 2005
Massachusetts DOC Denies Two, Approves One, Same-Sex Marriages by Massachusetts DOC Denies Two, Approves One, Same-Sex Marriages by Matthew T. Clarke The Massachusetts Department of Corrections (DOC) has denied the request of two civilly-committed sex offenders to marry. It also denied a similar request by two other male prisoners, but …
Article • October 15, 2005 • from PLN October, 2005
U.S. Finally Outlaws Execution of Children by by Marjorie Cohn Today, the Court repudiated the misguided idea that the United States can pledge to leave no child behind while simultaneously exiling children to the death chamber. Dr. William F. Schulz, Executive Director, Amnesty International Until March 1, 2005, the United …
Article • October 15, 2005 • from PLN October, 2005
Denial of New Jersey Work Credits Violates Equal Protection by A New Jersey appellate court held that denying work credits to prisoners serving concurrent New Jersey sentences in other states violates the equal protection clause of the New Jersey Constitution. On February 11, 1978, Charles VanWinkle began serving a seventeen …
Article • October 15, 2005 • from PLN October, 2005
Filed under: PLRA, Injunctions (PLRA)
PLRA Attorney Fee-Award Criteria "Directly Incurred" and "Degree Of Success" Explained by PLRA Attorney Fee-Award Criteria "Directly Incurred" and "Degree Of Success" Explained by John E. Dannenberg After a successful jailhouse lawyer retaliation suit (see: PLN, March 2003, p.20, $90,169 Plus Injunction In California Retaliation Suit), California prison official defendants …
Article • October 15, 2005 • from PLN October, 2005
Tennessee Pretrial Jail Credit Mandatory, Not Waivable by The Tennessee Court of Criminal Appeals reversed a defendant's convictions, holding that the trial court should not have accepted [his] plea agreement waiving pretrial Jail credit and that the trial court erred in denying the defendant's motion to withdraw his guilty pleas. …
Article • October 15, 2005 • from PLN October, 2005
Damages Denied To Bilingual Iowa Prisoner Prohibited From Writing Family In Spanish by by John E. Dannenberg The Eighth Circuit U.S. Court of Appeals held that an Iowa prisoner was not entitled to damages when he challenged a policy requiring prisoners to correspond only in English because he had not …
Sexual Predator Civil Commitment Detainee May Not Be Housed In Punitive Segregation by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a California sexual predator civil commitment detainee, while awaiting commitment proceedings, is entitled to conditions of confinement that are not punitive. Oscar Jones was …
Article • October 15, 2005 • from PLN October, 2005
First Circuit Upholds Order Privatizing Prison Health Care In Puerto Rico by Michael Rigby The U.S. First Circuit Court of Appeals held that an order governing the privatization of health care in Puerto Rican prisons was valid and did not violate the Prison Litigation Reform Act (PLRA). This case is …
Article • October 15, 2005 • from PLN October, 2005
Filed under: News, News in Brief
News in Brief: by Arizona: On October 4, 2005, three prisoners escaped from the tent city jail in Phoenix. Two of the three escapees were recaptured a day later driving a stolen car. The third escapee was captured two days after escaping. The men climbed over electric fences and razor …
Article • October 15, 2005 • from PLN October, 2005
California Family Visiting Appeal Denied by The California Court of Appeal affirmed the denial of a state prisoner's quest for injunctive and declaratory relief that would have invalidated the 1996 amendments to the Department of Corrections' (CDC) family [overnight] visiting rules excluding him from participation. The case had received much …
Article • October 15, 2005 • from PLN October, 2005
Illinois Jail Conditions Suit Nets $150,000 Attorney Fee Award by An Illinois Federal District Court has awarded attorneys representing prisoners at the Winnebago County Jail (WCJ) $150,000 in attorney fees and costs. This class action suit alleged the conditions at WCJ were unconstitutionally deficient in numerous respects. The suit alleged …
Suit Implicates Washington DOC In Near-Fatal Collision, Drug Use Suspected by Michael Rigby A woman critically injured in a collision caused by an employee of the Washington prison system--reassigned to his home because of suspected drug use--has sued the state Department of Corrections (DOC) for endangering the public. Barbara Starkel …
NY DOC Agrees to Comply with A.D.A. by The New York City Department of Corrections (NYDOC) on Rikers Island has entered into a voluntary compliance agreement that requires it to comply with the American with Disabilities Act (ADA). A NYDOC prisoner filed a complaint with the United States Attorney for …
Article • October 15, 2005 • from PLN October, 2005
California Lifer Claims Parole by Chair Fisher Is Biased While most of California's lifers face a mere 99% chance of being denied parole, murderer Linda Ricchio's odds appear far worse. Her victim, Ronald Ruse, was the brother of newly appointed (and confirmed) Board of Prison Terms (BPT) Commissioner Susan Fisher. …
Prisoners Faced Violent Hazing In Troubled Pennsylvania Jail by by Michael Rigby At least 50 prisoners entering Pennsylvania's Somerset County Jail over a 2-year period were beaten as part of a violent hazing ritual that went unchecked by jail authorities. This combined with serious overcrowding and a history of poor …
Titan Pays $28.5 Million After Pleading Guilty to Three Felonies by Titan Pays $28.5 Million After Pleading Guilty to Three Felonies by Matthew T. Clarke On March 1, 2005, Titan Corp., the largest private supplier of translators for the U.S. military, pleaded guilty to three felony charges and agreed to …
Article • October 15, 2005 • from PLN October, 2005
Report Details General Decline In Death Penalty Statistics For 2003 by Michael Rigby For most of the nation, 2003 was a year of declining death penalty statistics. That year, according to a Bureau of Justice Statistics (BJS) report, the number of death sentences imposed fell to a 30-year low, while …
Reliance Solely On Guard's Version of Incident Improper by In an unpublished decision, the U.S. Sixth Circuit Court of Appeals reversed the summary judgment dismissal of a prisoner's civil rights action against Michigan prison guards holding that the district court had erroneously relied on the guards' version of disputed fats. …
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