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Article • November 15, 2004 • from PLN November, 2004
Filed under: Money/Property, Interest
California Prisoner Trust Account Interest Recoverable Only Upon Proof Of Individual Loss by The Ninth Circuit U.S. Court of Appeals held that prisoners have nothing to recover in a claim for interest on their common trust account when the state's costs to administer the account exceed the interest generated, but …
Article • November 15, 2004 • from PLN November, 2004
Last Chance For Washington Prisoners To Request Postconviction DNA Testing is December 31, 2004 by Washington state prisoners who believe DNA evidence may prove their innocence must file a request for postconviction DNA testing by December 31, 2004. Starting January 1, 2005, a defendant must raise DNA issues at trial …
Article • November 15, 2004 • from PLN November, 2004
Washington Police Kill Unarmed Escapee in Botched Raid; Prisoner Also Killed by Michael Rigby Washington Police Kill Unarmed Escapee In Botched Raid; Prisoner also Killed By Michael Rigby One day after he used a fake gun to escape from a courthouse in Tacoma, Washington, a "three-strikes" prisoner was killed by …
Cowboy Justice: BOP Guards Convicted by Alan Pendergast by Alan Prendergast The seven men sat around the defense table Tuesday afternoon, June 24, 2003, murmuring quietly to each other and exchanging hearty good-luck handshakes with their attorneys. The tension was thick, anticipation high. Shortly after 4 p.m., the jurors filed …
Article • November 15, 2004 • from PLN November, 2004
PLRA Fee Cap Upheld, Applied to Parole Case; Allows Fees-on-Fee Award by David Reutter The Eleventh Circuit Court held the attorney fee cap of the Prison Litigation Reform Act (PLRA) applies to parole cases and is constitutional and allows a fees-on-fees award. Georgia prisoner Coleman Jackson filed a joint motion …
Article • November 15, 2004 • from PLN November, 2004
Fifth Circuit Affirms Termination of Guajardo (Texas Prison Mail) Suit by By Matthew T. Clarke On March 16, 2004, the Fifth Circuit issued a per curiam opinion affirming the district court's termination of the 20-year-old consent decree which had regulated prisoner mail in the Texas Department of Criminal Justice (TDCJ). …
Article • November 15, 2004 • from PLN November, 2004
Challenge To Washington Felon Disenfranchisement Scheme Remanded For Racial Bias Test by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the broader "totality of the circumstances" standard must be used rather than just a narrower statistical burden when testing for racial bias …
Class Action Challenges Treatment of Florida's "Sexual Predator" Civil Detainees by David Reutter by David M. Reutter A federal class action has been filed in the Federal District Court in Ft. Myers by eight residents of the Florida Civil Commitment Center (FCCC), seeking to enforce their rights to mental health …
No Restraint, No Consequences: Privatizing Overseas Intelligence Extraction by by Matthew T. Clarke The Center for Constitutional Rights, a New York-based nonprofit legal center, helped Iraqi prisoners file a class-action lawsuit against private "interrogation services" contractors Titan Corporation and CACI International Incorporated alleging that Iraqi citizens being held without charges …
Article • November 15, 2004 • from PLN November, 2004
Gates of Injustice - The Crisis in America's Prisons by Tom Murlowski by Alan Elsner, FT Prentice Hall, 256 pp., hardcover Review by Tom Murlowski "Alan Elsner's powerful book demonstrates that our $40 billion corrections system for both adults and juveniles is badly broken. Our jails and prisons and penitentiaries …
Wisconsin PLRA Fee-Limit Does Not Violate Equal Protection by The Wisconsin Court of Appeals held that the Wisconsin Prison Litigation Reform Act's (WPLRA) prohibition against the recovery of costs and fees by prevailing prisoners does not violate equal protection. Daniel Harr, a prisoner of Wisconsin's "Supermax prison successfully pursued a …
Article • November 15, 2004 • from PLN November, 2004
Alaska Prisoners Cannot Challenge Conditions of Confinement Under State Post-Conviction Relief Statute by Roger Smith The Alaska court of appeals has dismissed a prisoner's suit challenging the conditions of his confinement in an Alaska prison under AS § 12.72.020(c), Alaska's post-conviction relief statute. This ruling came after the court found …
Ohio County Juvenile Facility Not Immune from Suit in Rape Claim by The Sixth Circuit Court of Appeals held that a county juvenile detention center was not entitled to sovereign immunity. S.J., an Ohio juvenile, was referred to the Hillcrest Training Center (Hillcrest) which is a county juvenile facility created …
Article • November 15, 2004 • from PLN November, 2004
Filed under: News, News in Brief
News in Brief by News in Brief: Alaska: On August 4, 2004, Charles Rubin, 41, the manager of the Cordova Center, a half way house in Anchorage which is operated by Cornell Corrections, a private, for profit prison company, was arrested in charges that he lured a 23 year old …
Texas Prison Guard's Sentence for Rape Reinstated by Texas Prison Guard's Sentence For Rape Reinstated The Texas Court of Criminal Appeals has reinstated the sentence of a Texas prison guard who had impersonated a police officer, using a fake badge to coerce women into sex acts. Charles Melvin Page, a …
Article • November 15, 2004 • from PLN November, 2004
Study Shows Boot Camps Are a Failure by Study Shows Boot Camps are a Failure A June 2003 study published by the National Institute of Justice (NIJ), a division of the U.S. Department of Justice, shows that boot camps are failures in reducing recidivism and prison populations. In the late …
Wrongfully Convicted Pennsylvania Prisoner Settles for $2.3 Million; Forensics Expert Fired by A wrongfully convicted ex-prisoner who spent 15-years in a Pennsylvania prison got modest compensation from the government that imprisoned him by winning a $2.3 million settlement in the lawsuits he filed. In Washington state, a forensic scientist was …
Article • November 15, 2004 • from PLN November, 2004
Texas Court of Criminal Appeals Clarifies Law Crediting "Street Time" by by Matthew T. Clarke The Texas Court of Criminal Appeals has recently clarified the meaning of the recent statute allowing the award of parole "street time" credits for prisoners convicted of non-violent crimes. Lucian Lee Spann and Andrew Michael …
Connecticut Settles Wrongful Death Lawsuit for $2.9 Million by Michael Rigby Connecticut Settles Wrongful Death Lawsuit For $2.9 Million by Michael Rigby On April 4, 2002, the State of Connecticut agreed to settle for $2.9 million a lawsuit arising from the wrongful death of Timothy Perry, a mentally ill man …
Article • November 15, 2004 • from PLN November, 2004
Ohio Prisoners Not Entitled to Memory Typewriters by The Ohio Supreme Court, affirming an appeals court decision, held that Ohio prisoners have no right to typewriters with more than one line of memory and that prison officials were justified in confiscating a prisoner's typewriter that had a five-page memory capacity, …
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