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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 …
Article • September 15, 2004 • from PLN September, 2004
California Changes Policies for Prison Gangs and Security Housing Units by Charles F.A. Carbone by Charles F.A. Carbone, Esq. Major changes to prison gang management policies and the use of security housing units (SHU's) or super-maximum prisons are expected in California prisons due to the settlement of a lawsuit brought …
Survivors of Prisoner Killed in Texas County Jail Awarded $2,500,000 by On May 20, 2003, a state district court in El Paso, Texas, awarded $2.5 million in damages plus attorney fees and court costs of $393,518 to the surviving spouse, daughter and estate of a man who died while imprisoned …
Mason v. State of Maine, ME, Motion for Summary Judgement, Disability Discrimination, 2004 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE DAVID A. MASON AND PHILLIP M. NAPIER Plaintiffs, v. STATE OF MAINE, DEPARTMENT OF CORRECTIONS et. al. Defendants * * * * * CIVIL ACTION NO. 1:03-cv-199 * …
Article • August 15, 2004 • from PLN August, 2004
Filed under: PLRA, Filing Fees (PLRA), RICO
PLRA Indigency Provision Inapplicable When Filing Fee Paid by The Eleventh Circuit Court of Ap-peals held the In Forma Pauperis (IFP) provision of the Prison Litigation Reform Act (PLRA) cannot be used to dismiss a case when the plaintiff pays the filing fee. Thomas R. Farese, a federal prisoner, filed …
Article • August 15, 2004 • from PLN August, 2004
Intentional Delay to Prevent Prisoner's Suicide Precludes Qualified Immunity by Intentional Delay to Prevent Prisoner's Suicide Precludes Qualified Immunity The Eighth Circuit Court of Appeals held a guard's delay to prevent a prisoner's suicide is deliberate indifference to serious medical needs. This action was brought by the mother of South …
Article • August 15, 2004 • from PLN August, 2004
Washington Agencies Must Explain Reasons for Denying Public Disclosure Requests by Washington Agencies Must Explain Reasons for Denying Public Disclosure Requests Division II of the Washington State Court of Appeals has reversed a trial court's dismissal of an action challenging the state Department of Corrections' (DOC) denial of a request …
Article • August 15, 2004 • from PLN August, 2004
Filed under: News, News in Brief
News in Brief by Argentina: In May, 2004, army Lt. Colonel Guillermo Bruno Laborda, 50, was arrested after he complained about not being promoted to full colonel. In his letter of complaint, Laborda gave details of personally murdering political prisoners on orders from his superiors and setting their bodies on …
Article • August 15, 2004 • from PLN August, 2004
Filed under: Telephones, Telephone Rates
Virginia SCC Without Jurisdiction to Hear Prisoner Phone Rate Challenge by Virginia SCC Without Jurisdiction to Hear Prisoner Phone Rate Challenge The Virginia Supreme Court, in an un-published opinion, has held the State Corporation Commission (SCC) does not have jurisdiction to hear challenge to prisoner phone rates. Virginia Department of …
Article • August 15, 2004 • from PLN August, 2004
Filed under: Sentencing, Parole
Washington Court Establishes Procedures for Community Placement Violation Hearings by Washington Court Establishes Procedures for Community Placement Violation Hearings In two recent decisions, Division One of the Washington Court of Appeals set forth the procedures that trial courts must follow when conducting sentence modification hearings. A sentence modification hearing is …
Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion by John E Dannenberg Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion by John E. Dannenberg Parting company with six other circuits on the same question, the Tenth Circuit U.S. Court of Appeals held …
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