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Article • February 15, 2005 • from PLN February, 2005
California Prosecutor Fights Deportation Of Paroled Sex Offenders by California Prosecutor Fights Deportation Of Paroled Sex Offenders Today, nobody wants to keep paroled sex offenders around. Except the Los Angeles County district attorney, that is. In an odd "man bites dog" scenario, the district attorney is trying to retain four …
Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment by Bob Williams Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment by Bob Williams The Sixth Circuit Court of Appeals has held that guards are not entitled to qualified immunity for failing to segregate …
California Prisoner Trust Accounts Allegedly Used To Launder Gang Drug Taxes by California Prisoner Trust Accounts Allegedly Used To Launder Gang Drug Taxes A phantom "Banco de Pelican Bay" has sprung up at California's supermax Pelican Bay State Prison (PBSP), wherein 14 Mexican Mafia (nicknamed "Eme") prisoners had their prison …
Article • February 15, 2005 • from PLN February, 2005
CMS Liable for Prisoner's Failed Hip Prosthesis; $75,000 Awarded by Robert Woodman by Robert H. Woodman On January 9, 2004 the U.S. District Court for the Eastern District of Missouri found that Correctional Medical Services (CMS) and one of its employees, Gary Campbell, D.O., were liable for fourteen (14) months …
Absolute Immunity For Acting On Court Order Denied In Failure To Protect Claim by Bob Williams Absolute Immunity For Acting On Court Order Denied In Failure To Protect Claim by Bob Williams The Third Circuit Court of Appeals has upheld the denial of absolute immunity against prison guards who claimed …
Article • February 15, 2005 • from PLN February, 2005
New York Prisoner Awarded $105,000 for Shoulder Injury by New York Prisoner Awarded $105,000 For Shoulder Injury On December 15, 2003, a court of claims in Syracuse, New York, awarded $105,000 plus interest to a state prisoner who suffered a torn rotator cuff as the result of a construction accident. …
Article • February 15, 2005 • from PLN February, 2005
California Sexual Predator Unconditionally Released by California's first "graduate" of the state's sexually violent predator (SVP) program, who was released in August, 2003 to highly supervised conditions while living in a trailer on the grounds of Soledad State Prison, was granted unconditional release by a state judge in San Jose, …
Article • February 15, 2005 • from PLN February, 2005
Filed under: Organizing, Voting
New York's Felon Disenfranchisement Law Not Saved By Federal Voting Rights Act by John E Dannenberg New York's Felon Disenfranchisement Law Not Saved By Federal Voting Rights Act by John E. Dannenberg The Second Circuit U.S. Court of Appeals held that New York Election Law § 5-106, which disenfranchises [i.e., …
Connecticut Prison Writers Settle Lawsuit, Writing Program Reinstated by Michael Rigby Connecticut Prison Writers Settle Lawsuit, Writing Program Reinstated by Michael Rigby Eight Connecticut prisoners who were sued by the state after the publication of their book, Couldn't Keep It To Myself: Testimonies from our Imprisoned Sisters , will get …
Article • February 15, 2005 • from PLN February, 2005
Los Angeles County Pays $800,000 To Settle County Jail Medical Suit for Untreated Lupus by John E Dannenberg Los Angeles County Pays $800,000 To Settle County Jail Medical Suit for Untreated Lupus by John E. Dannenberg On June 3, 2002, the Los Angeles (L.A.) County, California Claims Board agreed to …
Seventh Circuit Interprets "Brought" As Used 42 U.S.C. § 1197e(a) by Seventh Circuit Interprets "Brought" As Used 42 U.S.C. § 1997e(a) The U.S. Court of Appeals for the 7th Circuit has interpreted the word "brought" in 42 U.S.C. § 1997e(a) to mean "when the complaint is tendered to the district …
Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation by Marvin Mentor Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation by Marvin Mentor The Ninth Circuit U.S. Court of Appeals dealt with the following conundrum: does a prisoner who exhaustively fights purported violations of his …
Article • February 15, 2005 • from PLN February, 2005
Oregon Prisoner's Allegation of Economic Damages States Sufficient Claim by Oregon Prisoner's Allegation Of Economic Damages States Sufficient Claim The Oregon Court of Appeals held that a state prisoner's allegation of economic damages stemming from the purported improper release of his medical records and substandard medical care stated a claim …
Article • February 15, 2005 • from PLN February, 2005
BOP Ad-Seg Rules Create a Liberty Interest by David Reutter by David M. Reutter The Eleventh Circuit court of Appeals has held that BOP administrative segregation policies create a liberty interest. The Court reversed a Georgia federal district court's order granting prison officials' motion to dismiss under Fed.R.Civ.P. 12(b)(6) for …
Article • February 15, 2005 • from PLN February, 2005
Filed under: Sentencing, Parole
Oregon Parole Increase Following Appeal Violates Due Process, Presumption of Vindictiveness Applies by The Ninth Circuit Court of Appeals held that the imposition of a longer sentence imposed on remand after a successful appeal of an order of the Oregon Parole Board (Board) was presumptively vindictive and the Board failed …
Article • February 15, 2005 • from PLN February, 2005
Massachusetts Jail Prisoner Awarded $20,000 For Crushed Knuckle by Massachusetts Jail Prisoner Awarded $20,000 For Crushed Knuckle A superior court in Suffolk County, Massachusetts, awarded $20,000 to a man who sustained a knuckle fracture when a cell door was allegedly opened without warning. Plaintiff Gary Taylor, 47, was arrested for …
Article • February 15, 2005 • from PLN February, 2005
Federal Court Orders Mississippi to Desegregate HIV+ Prisoners by Federal Court Orders Mississippi to Desegregate HIV+ Prisoners by Matthew T. Clarke On June 7, 2004, a federal district court in Greenville, Mississippi, ordered the Mississippi Department of Corrections (DOC) to cease excluding HIV+ prisoners from being housed in a Community …
California Demands $1.6 Million In Diverted Telephone Revenues From Private Prison Contractor by John E Dannenberg California Demands $1.6 Million In Diverted Telephone Revenues From Private Prison Contractor by John E. Dannenberg The California Department of Corrections (CDC) has charged private prison contractor Marantha Corrections LLC with "misappropriating" more than …
Article • February 15, 2005 • from PLN February, 2005
Iowa Must Give Kosher Meals to Civilly Committed Sex Offender by John E Dannenberg Iowa Must Give Kosher Meals To Civilly Committed Sex Offender by John E. Dannenberg The United States District Court (S.D. Iowa) ordered that Kosher meals be provided without co-payment to an Orthodox Jewish prisoner who is …
Article • February 15, 2005 • from PLN February, 2005
Texas County, Deputy Settle Sex Assault Case For $50,000 by A woman who claimed she was sexually assaulted by a Kleberg County, Texas, sheriff's deputy has settled her civil rights lawsuit against the county and the deputy for $50,000. On May 16, 2001, Sarah Jean Hernandez, 22, was arrested at …
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