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Article • January 15, 2005 • from PLN January, 2005
Massachusetts Court Enjoins Sheriff from Charging Jail Prisoners Assorted Fees by Michael Rigby Massachusetts Court Enjoins Sheriff from Charging Jail Prisoners Assorted Fees by Michael Rigby The sheriff of Bristol County, Massachusetts, has been enjoined from gouging prisoners and their families on jail service fees in accordance with his Inmate …
Article • January 15, 2005 • from PLN January, 2005
Misidentification Requires Washington Jail Officials Take Reasonable Steps to Confirm Identity by The Washington State Supreme Court has held jail personnel have a duty to take steps to promptly release a detainee once they know or should know, based on information provided to them that the person they are holding …
Article • January 15, 2005 • from PLN January, 2005
Texas Supreme Court clarifies Procedures For Civil Court Prisoner Appearances by Texas Supreme Court Clarifies Procedures For Civil Court Prisoner Appearances by Matthew T. Clarke The Supreme Court of Texas recently clarified the procedures a prisoner must follow to secure the right to personally appear in a civil court proceeding. …
Uprisings at CCA Prisons Reveal Weaknesses in Out-of-State Imprisonment Policies by by Matthew T. Clarke States strapped by tight budgets and pressed by a swell of prisoners are faced with the Hobson's choice of releasing prisoners early to ease overcrowding or building prisons they can ill afford to construct and …
Colorado DOC Report: CCA At Fault for Crowley Uprising by by Matthew T. Clarke On October 12, 2004, the Colorado Department of Corrections (DOC) issued an extensive, 179-page After Action Report on the July 20, 2004, riot at the Crowley County Correctional Facility (CCCF) which is run by Corrections Corporation …
City Settles In Death of Prisoner at CCA-Operated Tulsa Jail by The City of Tulsa, Oklahoma, has agreed to settle its part in a federal lawsuit over the death of a Native American prisoner in the Tulsa Jail. According to the November 7, 2003 settlement, the city will pay the …
Article • January 15, 2005 • from PLN January, 2005
Kansas Supreme Court Upholds Gift Subscription Ban by The Kansas Supreme Court ruled that the Kansas Department of Corrections' (KDOC) rule IMPP 11-101, which prohibits prisoners from receiving gift subscriptions to magazines and newspapers, does not violate the prisoners' constitutional rights under the First Amendment. Reversing the Kansas Court of …
Article • January 15, 2005 • from PLN January, 2005
Non-Contact Visits for Pennsylvania Sex Offenders Upheld by The Pennsylvania Court of Appeals held that a convicted sex offender confined at the State Correctional Institution at Waymart (SCI-Waymart) did not have a right to contact visits with minor children. Jeffrey Garber, a prisoner of the Pennsylvania Department of Corrections (PDOC) …
Article • January 15, 2005 • from PLN January, 2005
Filed under: Reviews, Mental Health
Total Confinement: Madness and Reason in the Maximum Security Prison by David C Fathi Total Confinement: Madness and Reason in the Maximum Security Prison by Lorna A. Rhodes, University of California Press, 2004 (329 pages, $19.95). Reviewed by David C. Fathi Like chain gangs and boot camps before them, "supermax" …
Gang Validation in Retaliation for Filing Grievances Is Actionable by Marvin Mentor The Ninth Circuit U.S. Court of Appeals held that a state prisoner stated a valid claim under the First Amendment when he claimed that in retaliation for his having filed several grievances, prison officials revisited previously rejected gang …
Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault by John E Dannenberg Section 1983 May Be Used To Challenge Disciplinary Hearings Not Affecting Total Length of Confinement by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals joined four other circuits in holding …
Article • January 15, 2005 • from PLN January, 2005
Don't Build It Here - The Hype Versus the Reality of Prisons and Local Employment by Clayton Mosher Don't Build it Here - The Hype Versus the Reality of Prisons and Local Employment by Clayton Mosher, Gregory Hooks, and Peter Wood Fueled by the war on drugs, Draconian sentencing policies, …
Washington Jail Settles Wrongful Death Suit For $1.6 Million by Michael Rigby On October 12, 2004, Jefferson County, Washington, agreed to pay $1.6 million to settle a lawsuit arising from the wrongful death of Kevin Bledsoe in the Jefferson County Jail. The settlement is one of the largest ever for …
California Initiative To Soften "3-Strikes" Law Defeated; DNA Collection From Arrestees Approved by California Initiative To Soften "3-Strikes" Law Defeated; DNA Collection From Arrestees Approved Proposition 66 (Prop. 66), a voter Initiative Act placed on the ballot by prisoners' families to soften California's unforgiving "3-Strikes" law by qualifying an offense …
Article • January 15, 2005 • from PLN January, 2005
Washington Prison's Water System and Meat Contaminated With Feces by Roger Smith On August 20, 2004, fecal coliform and E. coli were found in the water system at the McNeil Island Correction Center (MICC) near Steilacoom, Washington. E. coli was also found in about 6,000 pounds of ground beef produced …
Article • January 15, 2005 • from PLN January, 2005
Qualified Immunity Denied to Supervising Driver's License Examiner in Oklahoma Prisoner's Rape by David Reutter by David M. Reutter The Tenth Circuit Court of Appeals has held that a state driver's license examiner who exercised supervisory control over a prisoner acted as a state actor and can be held liable …
New York Prisoner's Retaliation Suit Remanded for Trial by The Second Circuit Court of Appeals has reversed a district court's grant of summary judgment to guards in a prisoner's retaliation suit. This action was filed by New York prisoner Anthony Bennett, alleging he was retaliated against for successfully prosecuting a …
Article • January 15, 2005 • from PLN January, 2005
HIV Is Occupational Disease for Connecticut Prison Guards by HIV is Occupational Disease for Connecticut Prison Guards The Connecticut Supreme Court held that the human immunodeficiency virus (HIV) is an occupational disease for prison guards who are members of prison emergency response units. The court also held that the estate …
Article • January 15, 2005 • from PLN January, 2005
DNA Profiling of Conditionally Released Federal Offenders Upheld by John E Dannenberg DNA Profiling Of Conditionally Released Federal Offenders Upheld by John E. Dannenberg A sharply divided en banc Ninth Circuit U.S. Court of Appeals held that the United States does not violate the Fourth Amendment when it requires "DNA …
Article • January 15, 2005 • from PLN January, 2005
Los Angeles Voters Reject 5,000 More Cops; Invest In Clear Ocean Instead by John E Dannenberg by John E. Dannenberg Los Angeles, California voters, in a November 2004 campaign marred by scare tactics, rejected a 1/2 cent sales tax measure (Measure A) that would have raised $560 million per year …
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