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Article • August 15, 2004 • from PLN August, 2004
Exporting the American Way of Crime by by Matthew T. Clarke For well over two hundred years fol-lowing the founding of the United States, foreigners who committed crimes faced imprisonment, execution, fines, parole, and/or probation. Few were deported. Those that were deported were generally infamous criminals or political dissidents. The …
Article • August 15, 2004 • from PLN August, 2004
Federal DNA Statute Not Challengeable in Criminal Appeal by Federal DNA Statute Not Challengeable In Criminal Appeal The U.S. Court of Appeals for the Fifth Circuit has held that 42 U.S.C. § 14135 et seq. (the Act) may not be challenged on a direct criminal appeal or habeas proceeding. The …
Article • August 15, 2004 • from PLN August, 2004
From the Editor by Paul Wright Welcome to another issue of PLN. With our June, 2004, issue we reached a milestone with our highest circulation yet of 4,006 subscribers on our mailing list. The past year has seen an ongoing effort by PLN to boost our circulation through inexpensive means …
Texas Boot Camp Denied Immunity for Ignoring Serious Medical Needs by Texas Boot Camp Denied Immunity for Ignoring Serious Medical Needs The U.S. Court of Appeals for the Fifth Circuit affirmed a district court's denial of official immunity for boot camp operators who were negligent and deliberately indifferent to a …
Article • August 15, 2004 • from PLN August, 2004
Habeas Hints by Kent A. Russell by Kent Russell This column is intended to provide "habeas hints" to prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus …
Montana BMPs Are Cruel and Unusual Punishment by Mark Wilson The Montana Supreme Court held that the use of Behavior Modification Plans (BMPs) and the living conditions of A-Block (Max) at the Montana State Penitentiary (MSP) constituted "an affront to the inviolable right of human dignity possessed by [prisoners] and …
Article • August 15, 2004 • from PLN August, 2004
Illinois Appeals Court Overturns Warden's Reckless Homicide Convictions by Illinois Appeals Court Overturns Warden's Reckless Homicide Convictions by Matthew T. Clarke Near midnight on the night of Octo-ber 14, 2000, a state-owned car driven by William Barham, Warden of the Shawnee Correctional Center, spun off a road and down an …
Article • August 15, 2004 • from PLN August, 2004
Former Texas Prison Guard Awarded $275,000 in Race Discrimination Suit by On November 6, 2003, a federal jury in Austin, Texas awarded a former prison guard $275,000 in his racial discrimination suit against the Texas Department of Criminal Justice after determining that his race was a substantial or motivating factor …
Article • August 15, 2004 • from PLN August, 2004
Local Officials Tell Prisoners: "You don't live here" by Peter Wagner Many prison town officials are quick to claim prisoners as residents when the Census Bureau comes to town, but prisoners report that this is the only time these officials are so welcoming. The Census Bureau counts the nation's mostly …
CCA Medical Contract Doesn't Violate 8th Amendment by The Sixth Circuit Court of Appeals has vacated an injunction holding a contract between Corrections Corporation of America (CCA) and a private doctor; Dr. Robert B. Coble, was unconstitutional. The contract at issue required Dr. Coble to, among other things, "determine the …
No Qualified Immunity for Florida Jail Guards in Prisoner Murder by The U.S. Eleventh Circuit Court of Appeals, in a case involving a Florida pre-trial detainee's death at the hands of a mentally ill co-prisoner, affirmed denial of qualified immunity to two guards at the North Broward Detention Center (NBDC) …
Article • August 15, 2004 • from PLN August, 2004
New Jersey Civil Commitment Hearings Secret, Biased by Michael Rigby The growing trend of keeping sex of-fenders confined even after they have completed their prison sentences has taken a bizarre turn for the worse in New Jersey, where civil commitment proceedings are held in secretthe records sealedand sex offenders are …
Rape of Women Prisoners Rampant in Ohio by Michael Rigby The sexual assault of female pris-oners at the Ohio Reformatory for Women (ORW) in Marysville, Ohio, is shockingly commonplace, according to a report by Stop Prisoner Rape (SPR) released on December 10, 2003. The 15-page report, titled The Sexual Abuse …
Article • August 15, 2004 • from PLN August, 2004
Facts Contained in Administrative Remedies Not Automatically Deemed Facts Alleged in Complaints by The Seventh Circuit Court of Apeals held the attachment of grievances to a complaint, for the purpose of demonstrating exhaustion of remedies, does not permit holding that the plaintiff vouches for the truth of the statements in …
Article • August 15, 2004 • from PLN August, 2004
Executions Rose in 2002; Texas Led in Number of Deaths by In 2002, thirteen states in the United States of America executed 71 prisoners, with Texas killing the greatest number of them (33). California held the most prisoners on death row at year end 2002 (640), followed by Texas (450), …
Article • August 15, 2004 • from PLN August, 2004
California Prison Guards Organize to Sue Assaultive Prisoners by California Prison Guards Organize To Sue Assaultive Prisoners In a classic case of "man bites dog," California state prison guards have begun a program to sue prisoners whom they allege assaulted them. To prosecute these suits, 2,900 guards have organized the …
No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints by No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints The U.S. Court of Appeals for the Third Circuit affirmed a district court's denial of summary judgment and qualified immunity for the Delaware prison guards who exposed a prisoner …
Article • August 15, 2004 • from PLN August, 2004
Florida's Felon Disenfranchisement Law Under Spotlight by David Reutter by David M. Reutter Since the 2000 presidential election, Florida's voting laws have been under scrutiny. One of the issues being debated is Florida's constitutional provision that permanently disenfranchises felons. When Florida gave blacks the right to vote as a condition …
Article • August 15, 2004 • from PLN August, 2004
California No-Parole-Policy Suits For Damages And Injunctive Relief Fail by John E Dannenberg California No-Parole-Policy Suits For Damages And Injunctive Relief Fail by John E. Dannenberg The Ninth Circuit U.S. Court of Ap-peals affirmed the district court's dismissal of suits attacking an alleged unconstitutional no-parole policy that had been brought …
California Guard's Obscene Behavior Towards Prisoner Is Actionable by Marvin Mentor The Ninth Circuit U.S. Court of Ap-peals permitted a prisoner's damage suit for retaliation by guards whom he had grieved to proceed based on First Amendment grounds. Samuel Austin, incarcerated at California State Prison, Solano, was in the psychiatric …
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