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Article • July 15, 2004 • from PLN July, 2004
California Agrees to Provide Kosher Prison Diet Program by John E Dannenberg by John E. Dannenberg The California Department of Corrections settled a prisoner civil rights complaint on November 12, 2003 by agreeing to accord approved kosher-observant Jewish prisoners a Kosher Diet Program (Program). The Program provides guidelines for foods …
Tennessee Prison Audit Blasts DOC, CCA and CMS by Michael Rigby A Tennessee Department of Corrections (TDOC) performance audit for the years 1997-2002, released by the state comptroller's office in September 2003, reveals problems with prison staffing, pre-release preparation, and numerous instances of contract violations by private prison contractors. A …
Oklahoma Man Misidentified as Pedophile Awarded $3.7 Million by Michael Rigby Oklahoma Man Misidentified As Pedophile Awarded $3.7 Million by Michael Rigby A jury has awarded $3.7 million in damages to an Oklahoma man who was falsely labeled a sexual predator after NewsOK.com, a Web site operated jointly by The …
Overcrowding Forces Alabama Prisoners Into Private Prison Web by Gary Hunter Court orders have forced Alabama to reduce the number of prisoners in its county jails and send half of its prison population to two other states. Until recently the Alabama Department of Corrections (DOC) had crammed 28,000 prisoners into …
Arizona Prisoners Seize Tower; State Officials Point Fingers by Michael Rigby On February 1, 2004, the longest prison hostage drama in U.S. history ended peacefully as two Arizona prisoners released their final hostage, descended from their surveillance tower stronghold, and surrendered to an army of state and local police ringing …
Article • July 15, 2004 • from PLN July, 2004
BJS Looks at Probation, Parole in 2002 by By the end of 2002, more than 6.7 million adults were incarcerated, on probation, or parole. This amounts to 3.1% of all adults in the United States, or about 1 in every 32 U.S. adults under correctional supervision. This is according to …
Texas Jury Awards BOP Prisoner $4 Million for Rape by Guard by Alex Coolman DNA evidence and a powerful will to fight helped former federal Texas prisoner Marilyn Shirley win a sexual assault conAviction and a $4 million civil decision against a guard who raped her while she was being …
Article • July 15, 2004 • from PLN July, 2004
$3 Million in Settlements for Wrongful Illinois Convictions by by Matthew T. Clarke On June 17, 2003, Illinois passed a state budget that includes around $1.5 million in settlements for wrongly convicted former prisoners, including Rolondo Cruz and Aaron Patterson, former death row prisoners pardoned by former Governor George Ryan. …
Court Vacates Connecticut Jury Award of $30,000 for Failure to Exhaust Administrative Remedies by David Reutter by David M. Reutter A Connecticut federal district court vacated a jury award of $30,000 because the prisoner plaintiff failed to exhaust administrative remedies. Connecticut prisoner Lori Hock sued guard Paul Thipedeau for violating …
Wisconsin Contract for Faith-Based Program Does Not Violate First Amendment by Bob Williams Wisconsin Contract for Faith-Based Program Does Not Violate First Amendment by Bob Williams A Wisconsin federal district court has found that a state Department of Corrections (WDOC) contract with a faith-based addiction recovery program does not violate …
Article • July 15, 2004 • from PLN July, 2004
Washington State Prison Continues To Pollute Local Environment Despite Repeated Citations by John E Dannenberg by John E. Dannenberg Toxic and hazardous waste from Walla Walla State Penitentiary (WSP) continues today to pollute City of Walla Walla air and public water resources, notwithstanding fourteen years of administrative litigation stemming from …
Article • July 15, 2004 • from PLN July, 2004
Michigan Supreme Court Allows Seizure of Prisoner's Pension Despite ERISA by by Matthew T. Clarke The Supreme Court of Michigan (SCM) upheld a court's ordering a prisoner to have his pension benefits deposited in his prisoner account so that the state can seize a large portion of it to reimburse …
Article • July 15, 2004 • from PLN July, 2004
Failure to Treat Transsexual for Self-Mutilation States Claim by The Fourth Circuit Court of Appeals held the failure of prison officials to treat a prisoner for self-mutilation states an Eighth Amendment claim. The civil rights action was filed by Virginia prisoner Ophelia Azriel De'Lonta, who suffers from gender identity disorder …
Section 1983 Complaint Dismissed as Mixed Petition, But Amendment Allowed by The Eighth Circuit Court of Appeals held that a complaint that contains issues that were not administratively exhausted may be dismissed, but the plaintiff should be allowed to amend his complaint to include only those issues that were exhausted. …
Article • July 15, 2004 • from PLN July, 2004
Filed under: Court Access
Oklahoma "Civil Death" Statute Does Not Preclude Prisoner Tort Actions by Oklahoma "Civil Death" Statute Does Not Preclude Prisoner Tort Actions The Oklahoma Supreme Court held that a state statute declaring all persons serving a felony sentence to be "civilly dead" does not preclude them from filing a civil action …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality by The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the court on whether the Prison Litigation Reform Act (PLRA) requires total exhaustion and whether …
No PLRA Fee Cap When Injunctive Relief Obtained by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals held that in prisoner 42 U.S.C. § 1983 civil rights lawsuits where both injunctive relief and damages are won (hybrid cases), attorney fee reimbursement for achieving the …
Article • July 15, 2004 • from PLN July, 2004
Sanctions Against Ohio Paralegal Firm Upheld by The U.S. Seventh Circuit Court of Appeals affirmed in part and reversed in part a federal district court's sanctions against National Legal Professional Associates (NLPA) and its leader for unauthorized practice of law. NLPA is a paralegal service that markets directly to criminal …
Article • July 15, 2004 • from PLN July, 2004
Record Number of "Lifers" Now in U.S. Prisons by Record Number of "Lifers" Now in U.S. Prisons A new national study by The Sen tencing Project released on May 11, 2004, finds that a record one of every eleven (9.4%) prisoners in the United States is now serving a life …
BJS Finds Low Recidivism among Released Sex Offenders by Contradicting popular perceptions, a November 2003 report by the Bureau of Justice Statistics (BJS), a division of the U.S. Department of Justice, found that violent sex offenders released from prison are less likely than non-sex offenders to be rearrested on any …
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