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Article • October 15, 2005 • from PLN October, 2005
Filed under: Commentary/Reviews, Reviews
An Expensive Way to Make Bad People Worse:An Essay On Prison Reform from an Insider's Perspective, by Jens Soering, Lantern Books, 2004, $12, 113 pages by An Expensive Way to Make Bad People Worse:An Essay On Prison Reform from an Insider's Perspective, by Jens Soering, Lantern Books, 2004, $12, 113 …
Article • October 15, 2005 • from PLN October, 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 • October 15, 2005 • from PLN October, 2005
Parole Officers Not Absolutely Immune For Conduct Distinct From Parole Decisions by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that California Department of Corrections (CDC) parole officers were not absolutely immune from suit by a former prisoner who alleged he was re-incarcerated because the officers …
Article • October 15, 2005 • from PLN October, 2005
Nevada Supreme Court Clarifies Personal Injury Exhaustion Requirements by The Nevada Supreme Court held that state prisoners seeking compensation for personal injuries are not required to allege exhaustion of their administrative remedies, nor does the failure to exhaust administrative remedies deprive the trial court of subject matter jurisdiction. Thomas Cotton, …
Article • October 15, 2005 • from PLN October, 2005
Raped New York Prisoner Awarded $25,000 by On August 17, 2004, a New York court of claims awarded $25,000 to a state prisoner who was raped in the shower. While imprisoned at the Sullivan Correctional Facility in Fallsburg, Donald Ramos received a series of letters from another prisoner who was …
Pennsylvania Control Unit Newspaper, Magazine and Photo Ban Invalidated; Supreme Court Grants Review by The Third Circuit Court of Appeals reversed a district court's decision upholding a Pennsylvania prison policy prohibiting a class of segregated prisoners from possessing newspapers, magazines and photographs. The U.S. supreme court granted review in the …
Dismissal of Failure to Protect Claim Reversed; No Showing Necessary to Survive Rule 12(b)(6) Dism by Dismissal of Failure to Protect Claim Reversed; No Showing Necessary to Survive Rule 12(b)(6) Dismissal The Seventh Circuit Court of Appeals reversed a district court's dismissal of a civil committee's failure to protect and …
Article • October 15, 2005
Washington: County Pre-Trial Services Blew $400,000 In 2003 by In 2003, Pierce County, Washington's bloated Pre-Trial Services (PTS) wasted $400,000--nearly half of its 2004 budget of $809,000, according to a preliminary county audit. A division of the Sheriff Department's Corrections Bureau, PTS decides which criminal defendants are eligible for court …
Article • October 15, 2005
Court Allows Amendment, Adding New Defendants to Brutality Suit by The plaintiff sued over excessive force and now seeks to amend to add new defendants after the statute of limitations had run. Claims against new defendants relate back for limitations purposes only if they were not named because of a …
Article • October 15, 2005
Many U.S. Prisoners Give Birth In Chains by Michael Rigby Childbirth is sacred in most cultures. But for many female prisoners in the U.S., the process can be cruel and degrading. According to a March 1, 2006, report by the human rights group Amnesty International U.S.A., 23 state prison systems …
Article • October 15, 2005
Certain Blood for Uncertain Reasons: Reinstating Capital Punishment in Vermont by by Michael Mello Seventeen winters ago, a man I loved as a father was murdered. A few days before Christmas 1989, a racist coward with a grudge mailed a shoebox- sized bomb to federal appellate Judge Robert S. Vance. …
Article • October 15, 2005
No Liberty Interest in Judicially Ordered Work Release by The plaintiff did not have a liberty interest in staying on work release, since his placement on work release was part of his criminal sentence, and the sentencing judge made the decision to remove him from work release. At 631: "Altering …
Habeas Hints: Overcoming Post-Conviction IAC by Kent A. Russell Habeas Hints by Kent A. Russell This column provides "habeas hints" to prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is habeas corpus practice under the AEDPA, the …
Article • October 15, 2005
Seventh Circuit Reverses Indemnification for Guard's Abuse; Jury Awards $400,000 in Damages Against by Seventh Circuit Reverses Indemnification for Guard's Abuse; Jury Awards $400,000 in Damages Against Guard The Seventh Circuit Court of Appeals reversed a lower court's order granting indemnification against Macon County, Illinois. The court found that a …
Article • October 15, 2005
A Spotty Record of Health Care For Children in City Detention by By PAUL von ZIELBAUER It was early February 2000, and Judge Paula J. Hepner said she could hardly believe what a doctor in the city's juvenile justice system had done to the girl standing before her in Brooklyn …
Article • October 15, 2005
New York Prisoners Win Class Action On Due Process Of Disciplinary Hearings by The US Court Of Appeals for the Second Circuit affirmed a US District Court's decision to issue a preliminary injunction on a NY prison, requiring that hearings of prisoners confined in segregation units pending investigation of charges …
Article • October 15, 2005
Ohio Pre-S.B. No. 2 Indeterminately Sentenced Prisoners Who Took a Plea are Entitled to Meaningful N by Ohio Pre-S.B. No. 2 Indeterminately Sentenced Prisoners Who Took a Plea are Entitled to Meaningful New Parole Hearings by John E. Dannenberg The Ohio State Court of Appeals, Tenth Appellate District, ruled that …
Article • October 15, 2005
OH State Court Must Determine Immunity Before Suit Filed; Guards Not Entitled to Qualified Immunity in Prisoner's Death by The Sixth Circuit Court of Appeals held that guards at the Southern Ohio Correctional Facility sued by the estate of a prisoner--who was beat to death by the guards--are not entitled …
Article • October 15, 2005
$26,000 Paid in WA DOC Guard's Discrimination/Retaliation Claim by Robert D. Taylor, a guard at Airway Heights Corrections Center, was injured by another guard during an unauthorized drill. Taylor filed a complaint over the drill, as he had sustained a neck injury that required a titanium rod and plate in …
No Qualified Immunity for Michigan Prison Warden in Guard's Murder by The United States District Court for the Eastern District of Michigan, held that Tripett, the warden of the Thumb Correctional Facility in Michigan (TCF), was not entitled to qualified immunity, in a suit brought by the estate of a …
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