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Article • June 15, 2005 • from PLN June, 2005
Texas Now Requires D.A.'s Approval For Wrongful Conviction Compensation by by Matthew T. Clarke An amendment to the 2001 Texas law allowing compensation of the wrongly convicted requires that people applying for compensation present a letter from the district attorney who convicted them certifying the person's innocence. In 2001, State …
CSC May Be Liable For Retention of Sexually Abusive Employee by by Matthew T.Clarke A federal district court in New York has held that Correctional Services Corporation (CSC) may be liable for retaining an employee at a CSC-run halfway house after his sexual abuse of female prisoners was reported to …
Article • June 15, 2005 • from PLN June, 2005
Restitution Payments By Federal Defendant Whose Direct Appeal Was Final Held Not Reimbursable Upon L by Restitution Payments By Federal Defendant Whose Direct Appeal Was Final Held Not Reimbursable Upon Later Collateral Relief by John E. Dannenberg A convicted swindler whose direct appeal of his federal conviction was denied, but …
Article • June 15, 2005 • from PLN June, 2005
Ohio Awards $1,402.92 Award For 11 Days False Imprisonment by by Michael Rigby An Ohio prisoner should be awarded $1,402.92 for 11 days of false imprisonment, a magistrate recommended to the Ohio Court of Claims on October 21, 2004. On September 14, 1999, plaintiff Glen Wilson was sentenced to two …
Dental Treatment Denial Claim Cannot Be Subdivided By Court by The court of appeals for the Eighth Circuit held that a prisoner's allegation of denial of dental treatment cannot be split into three separate sub-claims then dismissed for failure to exhaust state remedies on the sub-claims. James McAlphin, an Arkansas …
Article • June 15, 2005 • from PLN June, 2005
Flight From California Parole Agents' Attempted Arrest Constitutes Felony Escape by The California Court of Appeal held that a parolee who fled an attempted arrest by his parole agent was a prisoner" nonetheless and that his actions supported his later conviction of felony escape. Parolee Aaron Nicholson unknowingly had a …
Article • June 15, 2005 • from PLN June, 2005
Los Angeles County Pays $32,500 To Settle Public Defender's Legal Malpractice by by John E. Dannenberg On November 8, 2004, the Los Angeles County, California Claims Board granted authority of $32,500 to settle a claim by a prisoner for legal malpractice on the part of the Public Defender, wherein the …
Article • June 15, 2005 • from PLN June, 2005
Ohio Prisoner Awarded $500 For Lost Property by The Ohio Court of Claims awarded $500 to a prisoner who claimed prison personnel lost various items of property when he was transferred. Thomas Pasco, an Ohio state prisoner, was transferred from the Ohio State Penitentiary (OSP) to the Belmont Correctional Institution …
Article • June 15, 2005 • from PLN June, 2005
California State Auditor Criticizes Prison Outside-Hospital Contract Costs by In a detailed 98 page report to Governor Arnold Schwarzenegger and the California Legislature, the California State Auditor criticized the California Department of Corrections' (CDC) lax management of contract outside-hospital medical services for CDC prisoners. The July 27, 2004 report observed …
Article • June 15, 2005 • from PLN June, 2005
Colorado Settles Mail Censorship Lawsuit with Due Process Guarantees by by Bob Williams Guaranteeing due process, training, and a centralized review committee for appeals, the Colorado Department of Corrections (CDOC) has settled a 2000 lawsuit brought by publishers and prisoners challenging a system-wide practice of unconstitutional censorship. The 42 U.S.C. …
Chicago Jail Still Rife With Prisoner Abuse, Crimes By Guards by Chicago Jail Still Rife With Prisoner Abuse, Crimes By Guards by Matthew T. Clarke The Cook County Jail in Chicago, Illinois, remains the scene of controversy involving beatings of prisoners, stealing of drugs held for evidence, and guards having …
Article • June 15, 2005 • from PLN June, 2005
President Bush Signs Mentally Ill Offender Treatment And Crime Reduction Act Of 2004 by President Bush Signs Mentally Ill Offender Treatment And Crime Reduction Act Of 2004 by Michael Rigby On October 30, 2004, George W. Bush signed into law the Mentally Ill Offender Treatment and Crime Reduction Act of …
Article • June 15, 2005 • from PLN June, 2005
Prison Health Issues Affect Public by by Michael Rigby Experts have long known that prisons are incubators for disease. Some diseases such as H.I.V. and hepatitis C are by some estimates ten times more common in prison than in the general population [PLN, June 2003, p.10]. Yet the health care …
Article • June 15, 2005 • from PLN June, 2005
Georgia Sheriffs Illegally Profit From Captive Workforce by by Michael Rigby The great thing about being a county's top lawman is having a cadre of free labor for your own personal use. Or so many Georgia sheriffs think. Although it is a felony under state law to use prisoner labor …
Federal Court Orders Independent Evaluation, Training And Credentialling Of All California Prison Healthcare Practitioners by John E Dannenberg Under pressure from U.S. District Judge Thelton E. Henderson, who earlier in 2004 threatened wholesale federal court takeover of the California Department of Corrections (CDC), the CDC stipulated to an order aimed …
Article • June 15, 2005 • from PLN June, 2005
Filed under: News, News in Brief
News in Brief by Paul Wright News in Brief: Arkansas: In April, 2005, an unidentified sergeant was fired by the state DOC after the February, 2005, death of Wrightsville Unit prisoner Victor Wright, 28, while on a work detail. Wright complained to the sergeant that he was not feeling well …
Washington DOC Fined $22,503 For Fuel Spill by The Washington Department of Corrections (WDOC) has been fined $22,503 for polluting the environment with thousands of gallons of diesel fuel, the Tacoma News Tribune reported on September 3, 2004. In October 2002, 6,100 gallons of diesel fuel were spilled at the …
Article • June 15, 2005 • from PLN June, 2005
Court Discusses Deliberative Process Privilege by In two separate rulings, a southern district of New York federal district court has expounded upon the deliberative process privilege, which is a sub-species" of the work product doctrine. This action was filed by the Administration of the Estate of Ralph Joseph Tortorici, who …
Fifth Circuit Reinstates Texas Prisoner's Property Confiscation/Retaliation Suit by by Matthew T. Clarke The Fifth Circuit court of appeals issued an opinion vacating the district court's dismissal of a prisoner's suit alleging prison officials confiscated his property in retaliation for his criticism of the prison. Billy Fredrick Allen, a Texas …
Article • June 15, 2005 • from PLN June, 2005
Sixth Circuit Clarifies "Verifying Medical Evidence" Requirement Of Napier by Sixth Circuit Clarifies "Verifying Medical Evidence" Requirement Of Napier The U.S. Sixth Circuit Court of Appeals has held that when a prisoner's medical malady is so obviously serious that even a layman would easily recognize the need for medical attention, …
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