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Article • September 15, 2004 • from PLN September, 2004
From the Editor by Paul Wright On August 7, 2004, I attended the memorial for PLN writer James Quigley. The memorial was held on the beach in Atlantic City, New Jersey. Jim died on October 7, 2003, when he hung himself in the segregation unit of the Northwest State Correctional …
Article • September 15, 2004 • from PLN September, 2004
Settlement Brings Alabama DOC's Diabetic Treatment into 21st Century by David Reutter by David M. Reutter The Alabama Department of Corrections (ADOC) agreed on January 15, 2004, to settle a lawsuit brought by diabetic prisoners by upgrading their medical care. The agreement sets a precedent for management and care of …
Complaints Amended to Change John Doe Defendants' Names Don't Relate Back by by Matthew T. Clarke The Tenth Circuit court of appeals held that an amended complaint filed to change the names of John Doe defendants did not related back to the original complaint for statute of limitations purposes. The …
Former Illinois Governor Indicted on Federal Charges by Former Illinois governor and Nobel Peace Prize nominee George Ryan was indicted December 17, 2003, on federal charges of racketeering, mail and tax fraud, and lying to investigators. Federal prosecutors allege that Ryan and his political bedfellows treated state employees and the …
FTCA Claims for Sentence Miscalculation Accrues Upon Reversal; Statute of Limitations Tolled by The Ninth Circuit Court of Appeals has held that a civil action under the Federal Tort Claims Act (FICA) for negligently calculating a federal prisoner's release date, or otherwise wrongfully imprisoning the prisoner, does not accrue until …
$76,000 in Fees and Damages Awarded in Kansas Excessive Force Claim by Bob Williams The federal district court in Kansas has awarded a state prisoner $45,000 plus $30,913.90 for attorney fees and expenses in an excessive force claim brought against three prison guards. The court also denied qualified immunity, found …
Article • September 15, 2004 • from PLN September, 2004
Washington Jail Trustees Entitled to L&I Benefits by Division 3 of the Washington State Court of Appeals (Div. 3) has ruled that county jail trustees who are hurt while performing their duties are entitled to benefits from Labor & Industries (L&I) under RCW § 51.12.035 et seq. In July of …
Washington Jail Settles Conditions Lawsuit by On October 6, 2003 officials in Jefferson County, Washington settled a class action lawsuit filed by a Jefferson County Jail prisoner. The suit alleged inhumane living conditions and resulted in sweeping changes in jail policy. On February 25, 2002 Shawn Orndorff, a prisoner at …
Article • September 15, 2004 • from PLN September, 2004
Prison AIDS Cases, Deaths Increase; HIV Infections Decrease by In January 2004, the Bureau of Justice Statistics (BJS), a division of the U.S. Department of Justice, reported that the number of confirmed Acquired Immune Deficiency Syndrome (AIDS) cases and AIDS-related deaths among all state and federal prisoners increased from yearend …
Administrative Remedies Deemed Unavailable Based on Physical Injury by Bob Williams Administrative Remedies Deemed Unavailable Based On Physical Injury By Bob Williams The Fifth Circuit Court of Appeals has held that administrative remedies are unavailable when a prisoner has a physical injury which prevents filing a grievance and a subsequently …
Article • September 15, 2004 • from PLN September, 2004
Federal Halfway House Litigation by Todd Bussert by Todd Bussert, Esq.* In Decemberr 2002, a shock wave reverberated through the federal prison system, when the Bureau of Prisons (BOP) announced radical changes in its policy on when it will allow prisoners to serve some or all of their sentences in …
Article • September 15, 2004 • from PLN September, 2004
Prison Guards With Criminal Records Work in Texas Prison by Gary Hunter Over ten percent of the guards at the Lyncher State Jail, near Houston Texas, are convicted felons themselves. Houston television station. KPRC uncovered court files showing that about thirty of the guards had served time. Some are repeat …
Article • September 15, 2004 • from PLN September, 2004
Filed under: Sentencing, Good Time, Parole
Texas Prisoners Have Right to Specific Notice of Mandatory Supervision Hearing by by Matthew T. Clarke On May 19, 2004, the Texas Court of Criminal Appeals (CCA) issued a revised opinion holding that a prisoner being considered for denial of mandatory supervision release has the right to specific notice of …
Manipulation of Crime Statistics and Use of Tax Dollars for Campaigning Revealed by David Reutter by David M. Reutter The public entrusts its law enforcement officials to protect it from crime and to use the tax dollars it provides to fulfill that duty. The manipulation of that trust has come …
Article • September 15, 2004 • from PLN September, 2004
New York State Prisoner Awarded $30,000 for Work Related Injuries by On December 17, 2003, a state court of claims in White Plains, New York, awarded state prisoner Jose Santos $30,000 for injuries he sustained while working in the industrial-unit paint shop at the Fishkill Correctional Facility. In his lawsuit, …
Article • September 15, 2004 • from PLN September, 2004
Austin, Texas, Settles Wrongful Conviction Suit for $9 Million by by Matthew T. Clarke On July 17, 2003, the City of Austin, Texas settled for $9 million a suit brought by the guardian of a wrongfully convicted Texas prisoner. Richard Danziger, 31, a wrongfully convicted Texas state prisoner, spent 12 …
Idaho Incompetence Delays Prisoners' Release, Taxpayers Foot The Bill by Michael Rigby Idaho prisoners check in but they don't check outand it's costing taxpayers thousands. That's the criticism being hurled at the Idaho parole commission and the state Department of Corrections (DOC) for unnecessarily holding prisoners past their approved parole …
Article • September 15, 2004 • from PLN September, 2004
California Prison Guard Union Scandal Goes Public by Woody Morgan The current leadership of the California Correctional Peace Officers Association has charged 10 current and former leadership members with wrongdoing. In internal documents received by the Lassen County Times, current President Mike DeWitt of the local CCPOA said both Mark …
Article • September 15, 2004 • from PLN September, 2004
Filed under: Court Access, Judiciary
Supreme Court Justice Criticized Over No Recording Policy, Federal Agent's Actions by U.S. Supreme Court Justice Antonin Scalia's longstanding policy of prohibiting audio and video recordings of his remarks came back to haunt him on April 7, 2004, when an over zealous Federal Deputy Marshall assigned to protect the justice …
Article • September 15, 2004 • from PLN September, 2004
Prisoner Shot Dead by Guard in California Prison Riot by One prisoner was shot dead and four others received wounds requiring outside hospitalization, in a 20 minute riot an October 12, 2003 at Facility "B" of Pleasant Valley State Prison (PVSP), a 5,000 man prison in Coalinga, California. The evening …
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