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Article • June 15, 2004 • from PLN June, 2004
Administrative Hearings and Judicial Reviews Mandated for Sex Offender Classifications Without Current Felony Conviction. by Bob Williams Mandating administrative hearings and allowing for judicial review, the Colorado Court of Appeals has reversed a state district court's dismissal of a prisoner's challenge to his Colorado Department of Corrections (CDOC) sex offender …
PLRA Only Requires Exhaustion of Applicable Remedies by The U.S. Court of Appeals for the Second Circuit has reversed a federal district court dismissal of a prisoner's civil rights lawsuit for failure to exhaust available administrative remedies, as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a). …
Article • June 15, 2004 • from PLN June, 2004
Los Angeles County Pays $2.75 Million for Illegal Strip Searches by John E Dannenberg by John E. Dannenberg The County of Los Angeles settled for $2.75 million the complaints of illegal strip searches and body cavity searches of female demonstrators at the Democratic National Convention in August, 2000, and the …
Article • June 15, 2004 • from PLN June, 2004
BJS Says 1 in 15 Adults Will Go to Prison by The Bureau of Justice Statistics (BJS) reported in August 2003 that, if current American incarceration rates continue, 1 of every 15 persons born in the year 2001 will be incarcerated at some point in their adult lives. The report …
Article • June 15, 2004 • from PLN June, 2004
Filed under: News, News in Brief
News in Brief by Arizona: On June 1, 2004, over 20 prisoners in the Yavapai county jail became very ill after an unidentified person put industrial soap in the dinner meal's iced tea. One prisoner was in critical condition and several others were hospitalized afterwards. Police were investigating. Brazil: On …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Civil Procedure, Damages, Costs
Common Fund Required for Incentive Award by The Sixth Circuit Court of Appeals held a named class representative may not receive an incentive award unless a common fund is established. Prisoner C. Pepper Moore, who was named a class representative in 1988 in Hadix v. Johnson, which was a class …
RFRA May Protect Federal Prisoners' Right to Cast Spells by RFRA May Protect Federal Prisoners' Right to Cast Spells The U.S. Court of Appeals for the Seventh Circuit (7th Circuit) has reinstated a federal prisoner's religious freedom lawsuit under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb-1. Kerry …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Parole
Capello Decision Remains Good Law by The Washington Court of Appeals, Division I, held that the Legislature exceeded its authority when it attempted to statutorily overrule the appellate court's decision in In re Personal Restraint of Capello, 106 Wn. App. 576, 24 P.3d 1074, review denied, 145 Wn.2d 1006 (2001). …
Injunctive Relief Granted for Parole Rescission Based on Free Speech by Injunctive Relief Granted for Parole Rescission Based on Free Speech U.S. District Judge Joseph E. Irenas of New Jersey recently granted Edward Forchion's request for a preliminary injunction reinstating him to New Jersey's Intensive Supervised Parole (ISP) pending trial …
Article • June 15, 2004 • from PLN June, 2004
Consent Decree Entered in Unconstitutional BOP Parole Revocation Procedures by Bob Williams Consent Decree Entered in Unconstitutional BOP Parole Revocation Procedures by Bob Williams The United States District Court for the District of Columbia has approved a Consent Decree correcting unconstitutional parole revocation procedures of the United States Parole Commission …
Article • June 15, 2004 • from PLN June, 2004
Kansas Trial Courts Have Latitude in Setting Restitution Payments by The Kansas Supreme Court has ruled that K.S.A.2002 Supp. 21-4603d allows state trial courts to order prisoners to pay restitution from their prison accounts, and to order that a portion of such accounts be exempt from collection. William Puckett was …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Parole
Notice Required in Texas Parole Date Rescission by Notice Required in Texas Parole Date Rescission In an en banc opinion, the Texas Court of Criminal Appeals has held that the parole board must provide a prisoner prior notice of a hearing before reconsidering its decision to grant the prisoner mandatory …
Article • June 15, 2004 • from PLN June, 2004
Qualified Immunity Appeal Deemed Frivolous; California Pays Beaten Prisoner $149,500 by ( In a prisoner 42 U.S.C. § 1983 suit alleging the brutal beating of a San Quentin prisoner by six guards, United States District Judge Charles Breyer (N.D. Cal.) threatened sanctions against California's State Attorney General Bill Lockyer if …
Plaintiff Entitled to Trial on Question of Whether Mental Illness Warrants Tolling Statute of Limitations by The United States Court of Appeals for the First Circuit recently held that a mentally ill woman presented sufficient evidence to warrant a trial on her claim that mental illness prevented her from filing …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Good Time
Kansas Good Time Regulations Enacted After Prisoner's Crime May Not Be Applied Retroactively by Kansas Good Time Regulations Enacted After Prisoner's Crime May Not Be Applied Retroactively The Kansas Supreme Court recently held that an amended version of the Department of Corrections (DOC) regulation governing the award of good time …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Work Release, Work, Prison Labor
Arkansas Work Release Prisoner Entitled to Unemployment Benefits by The Arkansas Court of Appeals, Division, II, held that a work release prisoner who loses his job as a result of a transfer to a prison to prepare him for parole is entitled to unemployment benefits as a result of losing …
Brief • June 7, 2004
Filed under: Work, HIV/AIDS
Gates v. Barbour, MS, Order, HIV Work Release Placement, 2004 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION NAZARETH GATES, ET AL., PLAINTIFFS VS. 4:71CV6-JAD HALEY BARBOUR, ET AL., DEFENDANTS CONSOLIDATED WITH DAVID D. MOORE, AT AL., PLAINTIFFS VS. 4:90CV125-JAD KIRK FORDICE, ET AL., …
Inmate Access to Legal Resources & Materials, LJN Exchange, 2004 Jnmate Access to Legal Reso~Af>4ces & Matef>4ials How Do We P~ovide J~mates Access to the Cot,t~s? he question posed in this article's title has challenged correctional administrators for decades. Just when most thought they had it right, the U.S. Supreme …
Publication • 2004
Performance Work Statement, Migrant Operations Center, 2004-2008 Company Name: Wackenhut Corrections Corporation, GEO Group Contract Number: ACB-3-C-0008, ACL-4-C-0001, ODT-6-C-0002, ACL-2-C-0004, ACD-03-C-0008 (ACB3C0008, ACL4C0001, ODT6C0002, ACL2C0004, ACD03C0008) Order Number: ACL-5-D-0002, HSCEOP-06-J-00180, HSCEOP-06-J-00405, HSCEOP-07-J-00215, HSCEOP-05F-00304, HSCEOP-06-F-00774, HSCEOP-07-F-00255, HSCEOP-06-J-00198, HSCEOP-07-J00452, FDN5D0038, HSCEOP-05-J-00009, HSCEOP-07-J-00271 (ACL5D0002, HSCEOP06J00180, HSCEOP06J00405, HSCEOP07J00215, HSCEOP05F00304, HSCEOP06F00774, HSCEOP07F00255, HSCEOP06J00198, HSCEOP07J00452, FDN5D0038, …
Publication • 2004
A Case Study of LaMarca v. Turner, Karen Paik, 2004 LaMarca v. Turner ™ V • • • • • • Hfl • • PC-FL-007-038 Rethinking the Use of Class Actions to Combat Inmate-on-Inmate Sexual Assault: A Case Study of LaMarca v. Turner Karen Y. Paik Karen.Paik@post.harvard.edu (760) 492-4222 May …
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