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First They Came For Lynne Stewart by Marjorie Cohn First they came for the communists, and I did not speak out because I was not a communist; Then they came for the socialists, and I did not speak out because I was not a socialist; Then they came for the …
Article • September 15, 2005 • from PLN September, 2005
Filed under: Court Access, Judiciary, Juries
Houston Grand Juries Mostly Law-Enforcement by Matthew Clarke Houston Grand Juries Mostly Law-Enforcement and Government Employees by Matthew T. Clarke Ever since a ruling by the U. S. Supreme Court in Smith v. State of Texas, 311 U.S. 128, 61 S.Ct. 164, 85 L.Ed. 84 (1940), grand juries have been …
Article • September 15, 2005 • from PLN September, 2005
Summary Judgment for CMS/NJ DOC Reversed in Physical Therapy Suit by A New Jersey state appellate court issued an unpublished opinion reversing a lower court's grant of summary judgment to Correctional Medical Services (CMS) and the New Jersey Department of Corrections (DOC). On November 7, 1996, Craig Szemple, a prisoner …
California Guards Union Intimidates Prison Staff For Infracting Guard Misconduct by California Correctional Peace Officers Association (CCPOA) local chapter president Chris Trott, of Calipatria State Prison in Imperial, admitted his union placed a rat trap on the prison CCPOA bulletin board in an intimidating retort to three union members having …
Ban On Male Guards In Michigan Women's Prisons Upheld by Michael Rigby The U.S. Sixth Circuit Court of Appeals has held that a Michigan Department of Corrections policy prohibiting male guards from holding certain positions in the state's female prisons did not violate Title VII of the Civil Rights Act …
Article • September 15, 2005 • from PLN September, 2005
Seventh Circuit Reverses Summary Judgment for CMS, Prison Doctor by In an unpublished decision, the Seventh Circuit Court of Appeals reversed a grant of summary judgment to a prison doctor, holding that the doctor manifested a substantial departure from accepted professional judgment in the treatment of a prisoner's cluster headache …
Article • September 15, 2005 • from PLN September, 2005
Seventh Circuit Upholds Indiana Sex Offender's Banishment From City Parks by In a decision that further restricts the already limited movement of sex offenders, the en banc U.S. Seventh Circuit Court of Appeals has held that banning a convicted child molester from all public parks in the City of Lafayette, …
Article • September 15, 2005 • from PLN September, 2005
Ninth Circuit Upholds Preliminary Injunction Against Webcams In Arizona Jail by Michael Rigby The U.S. Ninth Circuit Court of Appeals has upheld a preliminary injunction prohibiting an Arizona sheriff from displaying live video of prisoners in the Maricopa County Jail on the internet. This case arises from Maricopa County Sheriff …
Article • September 15, 2005 • from PLN September, 2005
Confiscation of "New Afrikan" Literature May Violate First Amendment by Confiscation of "New Afrikan" Literature May Violate First Amendment The Second Circuit Court o Appeals reversed a New York district court's dismissal of a prisoner's complaint alleging violation of his rights under a Religious Land Use and Institutionalized Persons Act …
Guard Denied Qualified Immunity in MI Prisoner's Retaliation Claim by The Sixth Circuit Court of Appeal has affirmed a Michigan District Court's order denying a guard's qualified immunity defense in a suit filed by prisoner David J. Scott, a prisoner at Carson City Regional Facility. Scott's complaint alleged guard Philip …
Article • September 15, 2005 • from PLN September, 2005
Rehabilitated California Ex-Cons Have No Privacy Protection From Media Productions Based Upon Public by Rehabilitated California Ex-Cons Have No Privacy Protection From Media Productions Based Upon Public Court Records by John E. Dannenberg The California State Supreme Court, reversing its 33 year old precedent, held that privacy rights of a …
Article • September 15, 2005 • from PLN September, 2005
Washington Prisoner's Uninformed Disciplinary Plea Agreement Upheld by The Washington Court of Appeals, Division I, upheld a prisoner's disciplinary plea agreement even though his punishment was more extensive than what he had agreed to. The agreement was only upheld, however, because no good time was taken. Garridan Nelson, a Washington …
Article • September 15, 2005 • from PLN September, 2005
Parole Violators Flood Pennsylvania Prisons by Michael Rigby In the latest performance of justice by the numbers, a behind the scenes power struggle is playing out between the Pennsylvania Department of Corrections (DOC) and the state Board of Probation and Parole (BPP). As usual, prisoners are caught in the middle. …
Texas Prison Expert Pays the Price for Telling the Truth by Matthew Clarke by Matthew T. Clarke Tony Fabelo was the head of the Texas Criminal Justice Policy Council for two decades. He survived multiple changes of administration by doing a great job as the state's top number-cruncher on prison …
Article • September 15, 2005 • from PLN September, 2005
Michigan: Money Bilked From Prisoners by Michigan: Money Bilked From Prisoners Used For Bonuses While Michigan was trying to boost its cash-starved budget through spending cuts and tax increases, those in the Attorney General's Office were feasting on money squeezed from state prisoners. In October 2004, Attorney General Mike Cox …
Article • September 15, 2005 • from PLN September, 2005
Nebraska Law Automatically Restores Felon Voting Rights by On March 10, 2005, Nebraska lawmakers overrode a veto by the governor and passed legislation automatically restoring the voting rights of felons. With the passage of Legislative Bill 53, Nebraska felons will automatically have their voting rights restored two years after completing …
Habeas Hints by Kent Russell This column is intended to provide 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 1996 habeas corpus law which now governs …
Article • September 15, 2005 • from PLN September, 2005
Filed under: Medical, Skin
Antibiotic Resistant Staph Infections Continue to Plague Prisons, Jails by Michael Rigby Antibiotic Resistant Staph Infections Continue to Plague Prisons, Jails by Michael Rigby Chelsea Johnson, 30, said it began as a small pimple that formed on her right cheek shortly after she arrived at the Orange County Jail in …
Article • September 15, 2005 • from PLN September, 2005
Iowa's Governor Grants Ex-Prisoners Automatic Voting Rights Restoration by Iowa's Governor Grants Ex-Prisoners Automatic Voting Rights Restoration by Matthew T. Clarke On July 6, 2005, Governor Tom Vilsack of Iowa signed an Executive Order which enacted a blanket restoration of citizenship rights to ex-prisoners who have completed their sentences. This …
Article • September 15, 2005 • from PLN September, 2005
Florida Bans Sex Offenders from Hurricane Shelters by Florida Bans Sex Offenders from Hurricane Shelters A new Florida policy bans sex offenders who are not allowed contact with children from public hurricane shelters. Instead, they will be shuttled to their own shelters-prisons across Florida. The rule applies to offenders not …
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