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Dismissal of §1983 Complaint Against Ohio CCA Prison Reversed by by Bob Williams The United States Court of Appeals for the DC Circuit has reversed the dismissal of a 42 U.S.C. § 1983 prisoner complaint against the CCA facility at Youngstown, Ohio, finding the complaint did state a claim of …
Article • December 15, 2005 • from PLN December, 2005
California Youth Prison Superintendent by California Youth Prison Superintendent Removed For Using Unreasonable Force The Superintendent of a California youth prison was permanently removed from his position for using unreasonable force against a ward, and then not reporting it. Steve Kruse, Superintendent at the N.A. Chaderjian Youth Correctional Facility in …
Florida Awards Contracts Putting Sex Offenders on GPS Supervision; Other States to Follow by The Florida Department of Corrections (FDOC) has awarded three contracts for Global Positioning System (GPS) satellite monitoring of sex offenders. The contracts come on the heels on legislation that allocated $3.9 million over a three-year period …
Controversial Ex-Prison Official Lane McCotter Appointed Utah J.P. by Lane McCotter, once the director of the Utah Department of Corrections, has been appointed to a justice of the peace bench in Utah. The McCotter era remains a high-point of prison violence in Utah's history cumulating in the death of a …
Article • December 15, 2005 • from PLN December, 2005
Politics Keeps Arizona Clemency Approvals Rare by by John E. Dannenberg Only seven Arizona prisoners were granted clemency in 2004, four of whom were on their death beds. This gaunt statistic is the natural progression resulting from Arizona's abolishing parole a decade ago, replacing justice with politics in the form …
Article • December 15, 2005 • from PLN December, 2005
Wrongfully Convicted Kentucky Man Wins $590,000 Judgment Against Defense Attorney by On June 3, 2004, a Louisville, Kentucky, jury awarded $590,000 to a wrongfully convicted man who spent two years in prison because his defense counsel was negligent. Plaintiff Gary Puckett and his mother Peggy Puckett were at their home …
Article • December 15, 2005 • from PLN December, 2005
85 Year-Old California Prison Doctor Wins $20 Million For Age Discrimination by The chief physician and surgeon at California State Prison, Lancaster, still practicing medicine at age 85, successfully sued the California Department of Corrections (CDC) for age discrimination when CDC forced him to retire. On July 18, 2005, a …
Article • December 15, 2005 • from PLN December, 2005
Fourth Circuit Holds Claims Value Relevant to Frivolous Determination by The Fourth Circuit Court of Appeals held that a district court may consider the value of the prisoner's claim when determining whether to dismiss it as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i), the in forma pauperis statute. Federal prisoner Paul …
Article • December 15, 2005 • from PLN December, 2005
2006 Certain Days: Freedom for Political Prisoners Calendar by The 2006 Certain Days calendar features 12 full color imagesincluding collages, murals, paintings and moreand over a dozen pages of writing created by and about former and current American political prisoners and prisoners of war. This wall calendar is the fifth …
Florida Violates Sex Offenders for Possessing Common Men's Magazines by Florida Violates Sex Offenders for Possessing Common Men's Magazines The State of Florida, in a crackdown on sex offenders, is sending probationers to jail for probation violations because they possessed racy magazines or sex manuals. The crackdown comes from increased …
Article • December 15, 2005 • from PLN December, 2005
"Actual Innocence" Rule Inapplicable to Breach of Contract by Lawyer by "Actual Innocence" Rule Inapplicable to Breach of Contract by Lawyer The Seventh Circuit Court of Appeals reversed a district court's dismissal of a diversity suit, holding that the actual innocence" rule does not bar claims of breach of contract/fiduciary …
Brief • December 7, 2005
Heston v. City of Salinas, CA, Def Notice of MTD, police taser death cardiac arrest, 2006 Case 5:05-cv-03658-RS Document 8 Filed 12/07/2005 Page 1 of 18 Case 5:05-cv-03658-RS Document 8 Filed 12/07/2005 Page 2 of 18 Case 5:05-cv-03658-RS Document 8 Filed 12/07/2005 Page 3 of 18 Case 5:05-cv-03658-RS Document 8 …
Brief • December 6, 2005
Gallagher, et al. v. San Mateo County Sheriff ‘s Office, et al, CA, Order, 2006 FIDLER v. SAN MATEO COUNTY SHERIFF'S OFFICE, No. C-04-1404 SC. (N.D. Cal. Dec 06, 2005) United States District Court, N.D. California. FIDLER v. SAN MATEO COUNTY SHERIFF'S OFFICE No. C-04-1404 SC. (N.D. Cal. Dec 06, …
Brief • November 25, 2005
Ingle v. Toro, NY, Motion to Exclude Criminal History, Jail Excessive Force, 2005 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------·- · - -- -·------------------ --------------- . ----------.X ADAM INGLES, et aL, 01 Civ. 8279 (DC) Plaintiffs, -againstELMER TORO, et aL, Defendants. ---------------·- ------- -·--·-- --· --· --------------------------X …
Brief • November 23, 2005
McCloud v. Fortune, FL, Plf Omnibus Memo, Unwarranted Invasive Bodily Search, 2005 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ARNETTA McCLOUD, FREDDY McCLOUD, CYNTHIA McCLOUD, MARCUS FRASIER, BARBARA KING, BERNARD KING and CHESLEY KING, CASE NO: 4:05cv-101-RH-WCH Plaintiffs, vs. KENNETH W. FORTUNE, Sheriff of Jefferson County, in …
Brief • November 17, 2005
Jones v. Bock, US, Amicus Brief - PLN, PLRA Admin Remedies and Total Exhaustion Rule, 2005 i No. 05-7058 IN THE Supreme Court of the United States LORENZO L. JONES, Petitioner, v. BARBARA BOCK ET AL., Respondents. On Petition For A Writ Of Certiorari To The United States Court Of …
Brief • November 16, 2005
Pratt v. Hofmann, VT, Amended Complaint, extended solitary confinement, 2005 SUPERIOR COURT Docket No. 228-4-05 Wncv STATE OF VERMONT WASHINGTON COUNTY, SS. LEO PRATT, Plaintiff, v. ROBERT HOFMANN, VERMONT COMMISSIONER OF CORRECTIONS. CORRECTIONS CORPORATION OF AMERICA, RANDY STOVAL, WARDEN, LEE ADJUSTMENT CENTER, and JOHN DOE, SORT TEAM MEMBER AMENDED COMPLAINT …
Article • November 15, 2005 • from PLN November, 2005
Filed under: Organizing, Shelter
Prison Design Boycott a Challenge to the Professional Business of Incarceration by Raphael Sperry Prison Design Boycott a Challenge to the Professional Business of Incarceration by Raphael Sperry, ADPSR National President, and the Prison Design Boycott organizing group: Ariel Bierbaum, Juan Calaf, Karen Kearney, and Kathleen Monroe Saying No" to …
North Carolina Prosecutors Reprimanded For Intentionally Withholding Crucial Exculpatory Evidence in by North Carolina Prosecutors Reprimanded For Intentionally Withholding Crucial Exculpatory Evidence in Capital Case by Matthew T. Clarke Alan Gell cried recently after a North Carolina State Bar panel issued a mere reprimand, the least discipline possible, to two …
Parole for Women in California: Promise or Pathos by Corey Weinstein by Corey Weinstein, MD, CCHP Women are not men, but the California Department of Corrections (CDoC) has treated them as such until very recently. They are housed in mega prisons, denied contact with their children and denied important gender …
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