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Certification for Interlocutory Appeal Order Discussed in California Prison Labor Suit by A California federal district court has declined to certify an order for interlocutory appeal because the factual and legal issues in this case are not complex and will not necessitate protracted and expensive litigation. Richard P. Loritz, II, …
Article • May 15, 2004 • from PLN May, 2004
No Ex Post Facto Violation in Forcing Washington Prisoner to Take Stress and Anger Classes by No Ex Post Facto Violation in Forcing Washington Prisoner to Take Stress and Anger Classes The Washington state supreme court unanimously held that a prisoner determined by the Washington state Department of Corrections (DOC) …
Pretrial Detainee Has Limited Right to Litigate Civil Matters by The U.S. Court of Appeals for the Ninth Circuit affirmed a district court's dismissal of a state prisoner's claim that he was denied access to court because he was detained in jail on an unrelated criminal matter. In April 1995, …
New Trial Ordered in Washington Strip Cell Conditions Suit by The Ninth circuit court of appeals has reversed for a new trial a Washington state prisoner's claim that he was placed in barbaric strip cell conditions for ten days because the district court allowed prejudicial hearsay testimony to be admitted …
Article • May 15, 2004 • from PLN May, 2004
Applicability of FTCA to BOP Causes Circuit Split by David Reutter Applicability of FTCA to BOP Causes Circuit Split by David M. Reutter Three recent federal circuit court rul-ings exhibit a dispute between the circuits as to whether the Federal Tort Claims Act (FTCA) applies to property claims against the …
Article • May 15, 2004 • from PLN May, 2004
Absence of AEDPA in Texas Law Library May Toll Limitations by by Matthew T. Clarke The Fifth Circuit court of appeals has held that the absence of a copy of the Anti Terrorism and Effective Death Penalty Act, (AEDPA) in a Texas prison's law library coupled with the prisoner's lack …
Article • May 15, 2004 • from PLN May, 2004
$15 Million Award for Wrongful Conviction Upheld by $15 Million Award for Wrongful Conviction Upheld The U.S. Court of Appeals for the Seventh Circuit affirmed a district court's denial of qualified immunity for two Chicago policemen who had concealed evidence and induced witnesses to testify falsely against a man wrongfully …
Article • May 15, 2004 • from PLN May, 2004
NYPD Commissioner Charged With Stealing $112,733.98 from Jail Prisoner Fund by NYPD Commissioner Charged With Stealing $112,733.98 from Jail Prisoner Fund By Matthew T. Clarke On July 11, 2003, NYPD Deputy Po-lice Commissioner of Community Affairs Fredrick J. Patrick, 38, was arrested on federal charges that he looted close to …
Kansas Grievance Procedures Inapplicable in Negligence Action by The Kansas Court of Appeals held that a state prisoner was not required to follow prison grievance procedures to exhaust administrative remedies before filing a negligence action. The court also held that the prisoner was not required to: file his claim with …
Article • May 15, 2004 • from PLN May, 2004
Dismissal Sanction for Prisoner's Refusal to Be Deposed Without Court Order Reversed by Dismissal Sanction for Prisoner's Refusal to be Deposed Without Court Order Reversed The Tenth Circuit Court of Appeals held that considering a prisoner's refusal to be deposed absent a court order, as a factor to enter a …
Article • May 15, 2004 • from PLN May, 2004
Filed under: Money/Property, Restitution
Confinement for Willful Failure to Pay LFOs Upheld by The Washington state court of appeals held that confining a criminal defendant for 60 days for failing to pay his legal financial obligations (LFOS) was proper. In 1993, John Woodward pleaded guilty to burglary and auto theft charges, for which he …
Article • May 15, 2004 • from PLN May, 2004
Illinois County Necessary Party in Suit Against Elected Official by Illinois County Necessary Party in Suit Against Elected Official In a case of great importance to those seeking damages in suits on jail conditions in Illinois, the Seventh Circuit Court of Appeals held a county must satisfy any judgment or …
Texas Monitors Prisoners for-Signs of Al-Qaeda Recruitment by by Matthew T. Clarke Fears of possible al-Qaeda recruitment among prisoners in U.S. prisons have led officials to take a fresh look at prisoners with a view to their possible recruitment by al-Qaeda. Texas has taken the process to an extreme, closely …
No Crueler Tyrannies: Accusation, False Witnesses, and Other Tyrannies of Our Times by Robert Woodman by Dorothy Rabinowitz. 2003. Free Press, ISBN: 0-7432-2834-0 Review by Robert Woodman "There is no crueler tyranny than that which is perpetrated under the shield of law and in the name of justice." These words, …
Article • May 15, 2004 • from PLN May, 2004
BOP Medical Detainees Not Subject to PLRA by In a brief per curiam opinion, the court of appeals for the Eighth circuit held that a Federal Medical Center detainee in Missouri was exempt from the administrative exhaustion provisions of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a). The …
Article • May 15, 2004 • from PLN May, 2004
Virginia Prison Vendors Lose Contracts to Out-of-State Supplier by Gary Hunter Three Virginia retailers who made their money from prisoner earnings now find themselves in financial trouble. In August 2003, when the Virginia Department of Corrections (DOC) relinquished management of prison commissaries to St. Louis-based Keefe Supply Co., three Virginia …
Jailhouse Snitch Enlisted in War on Terrorism Behind Bars by Bob Williams Scott Lee Martin couldn't help himself. After a decade locked up in a half-dozen federal prisons where snitches, rats, informantsor whatever the regional prison slang calls those who tell on othersare detested, spat upon, beaten, even killed for …
Article • May 15, 2004 • from PLN May, 2004
Innocent Ohio Man Paid $750,000 for 10 Years Imprisonment by In 1991, Jimmy "Spunk" Williams, 32, was convicted of raping a 12 year-old girl, and sentenced to life in prison. Williams was appointed attorney Tom Watkins to represent him at a December 2001 parole hearing. Convinced of Williams' innocence, Watkins …
Tennessee Officials Pay $450,000 to Settle Lawsuit in Detainee's Murder by Guards by David Reutter Tennessee Officials Pay $450,000 to Settle Lawsuit in Detainee's Murder by Guards by David M. Reutter Wilson County and City of Lebanon, Tennessee, jail officials agreed to pay the widow of Walter Steven Kuntz $450,000 …
Article • May 15, 2004 • from PLN May, 2004
Texas Probation Officer Charged With Having Juvenile Probationer's Baby by Gary Hunter Texas Probation Officer Charged With Having Juvenile Probationer's Baby by Gary Hunter Laura Hernandez, a 32 year old probation officer, was arrested October 30, 2003 when it was discovered that the father of her child was only 16 …
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