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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 …
Article • November 15, 2005 • from PLN November, 2005
Higher Property Tax Collections Permit 25% Growth Of Los Angeles County Jail Capacity by by John E. Dannenberg A six percent increase in property tax collections due to soaring real estate prices will add an estimated $150 million to Los Angeles County coffers in the coming year. County supervisors have …
Article • November 15, 2005 • from PLN November, 2005
Maryland Prisons MisCalculate Half of All Prisoner Release Dates by by David M. Reutter Up to one half of all Maryland prisoners early release dates at two prisons were erroneous, concluded a report by the Maryland Office of Legislative Audits. The report declined to identify the two prisons it audited, …
$97,000 in Damages and Fees Awarded in Arkansas Over Detention Suit by The Eighth Circuit Court of Appeals has affirmed a judgment awarding compensatory damages of $50,000 in a civil rights suit filed by James M. Hayes, alleging his 38-day pre-appearance detention violated his right to due process. The Court …
Article • November 15, 2005 • from PLN November, 2005
New York City Settles Wrongful Imprisonment Suit For $1 Million by On February 4, 2005, a man convicted of murder and wrongfully imprisoned for five years based on testimony fabricated by prosecutors settled his claim against the City of New York for $1,000,000. Milton Lantigua, 20,was sitting in front of …
New York Employees Families Settle Attica Riot Claims for $12 Million by The State of New York has reached a $12 million settlement with the Forgotten Victims of Attica, a group of surviving state employees and relatives of 11 guards killed during the 1971 uprising at the Attica Correctional Facility. …
Article • November 15, 2005 • from PLN November, 2005
New York Prisoner Awarded $195,000 for Hand, Knee Injury by On October 6, 2004, a court of claims in White Plains, New York, awarded $195,000 to a state prisoner who fell in the shower, injuring her hand, and knee. While imprisoned at the Taconic Correctional Facility, prisoner Juliann Gibson slipped …
Virginia Federal Court: Over 47 Hours in by Virginia Federal Court: Over 47 Hours in Five-Point Restraint Unconstitutional by Matthew T. Clarke A federal court in Virginia held that prison officials violated a prisoner's constitutional rights when they strapped his ankles, wrists and chest to a bed for over 67 …
Brief • November 7, 2005
Long v Finn, CA, Amended Complaint, medical neglect 2005 Case 2:04-cv-00881-DFL-EFB 2 3 4 5 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO 17 ) ) ) Plaintiff, ) ) vs. ) CLAUDE FINN, CHIEF WARDEN, ) S. R. MOORE, CHIEF DEPUTY ) WARDEN, R. FLORES, CORRECTION) …
Brief • November 5, 2005
Brown et al v. Esmor Correctional Services, NJ, Proof of Claim, immigration beating, 2005 DUE NOVEMBER 10, 2005 PROOF OF CLAIM & RELEASE FOR PARTICIPATION IN BROWN CLASS ACTION SETTLEMENT Members of the Brown Class Action should use this form in order to qualify for and receive distributions from the …
Publication • November 4, 2005
Staff Safety Evaluation, California State Prison Solano, 2005 CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION Corrections Standards Authority G.'.).~:.:. 600 Bercut Drive. 8urte A : ~ .~~..:t.-::: ~ .. Sacramento, California 95814 . www.csa.ca.gov .~. ..= ~ .' d II II II II II II -II II TABLE OF CONTENTS i'\ …
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