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Article • July 15, 2004 • from PLN July, 2004
Interest on Legal Financial Obligations Not Dischargeable in Bankruptcy by Interest on Legal Financial Obligations Not Dischargeable in Bankruptcy The Washington Court of Appeals held that interest which accrues statutorily on legal financial obligations (LFOs) is not dischargeable in bankruptcy proceedings. In 1992, Carol Cunningham was convicted of various drug …
Article • July 15, 2004 • from PLN July, 2004
California Sex Offender Prison Classification Label Approved for Dismissed Charge by John E Dannenberg California Sex Offender Prison Classification Label Approved for Dismissed Charge by John E. Dannenberg The California Court of Appeals upheld the California Department of Corrections (CDC) regulation permitting administrative labeling of state prisoners as sex offenders …
Prisoner Allowed to Amend Retaliation, Legal Mail Complaint by The U.S. Court of Appeals for the Second Circuit vacated a district court's dismissal of a prisoner's § 1983 lawsuit which complained of prison officials who interfered with his legal mail and retaliated because he filed grievances. While Robert Davis was …
No Qualified Immunity in Civil Commitment Phone Monitoring by The Ninth U.S. Circuit Court of Appeals reversed summary judgment granted by the U.S. District Court, Western District of Washington, to officials at the Special Commitment Center (SCC) for sex offenders at McNeil Island, Washington. This case is part of ongoing …
Article • July 15, 2004 • from PLN July, 2004
Challenge to State Parole Revocations Must Be Brought Under § 2254 by Challenge to State Parole Revocations Must be Brought Under § 2254 The Second Circuit Court of Appeals held that state prisoners challenging parole revocation decisions in federal court must do so under 28 U.S.C. § 2254, rather than …
Article • July 15, 2004 • from PLN July, 2004
District of Columbia May Be Liable for Prisoner's Inadequate Medical Care by District of Columbia May Be Liable for Prisoner's Inadequate Medical Care The U.S. Court of Appeals for the District of Columbia, reversing and remanding the district court, held that a D.C. prisoner incarcerated in a Virginia state prison …
Article • July 15, 2004 • from PLN July, 2004
Ninth Circuit Dismisses California's Motion To Exclude Female Prisoners From Medical Suit by John E Dannenberg Ninth Circuit Dismisses California's Motion To Exclude Female Prisoners From Medical Suit by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals dismissed on jurisdictional grounds the California Department of Corrections (CDC) officials …
Article • July 15, 2004 • from PLN July, 2004
Florida Prisoner Awarded Costs in Successful Records Request Litigation by David Reutter Florida Prisoner Awarded Costs in Successful Records Request Litigation by David M. Reutter Florida's First District Court of Appeals has held that a prisoner who successfully challenges a public agency's failure to produce public records is entitled to …
Brief • June 16, 2004
Noren v. Washington State Department of Corrections, Complaint, 2004 .. J -«. RM aA TORT CLAIM FO . STANDARD STANDARDTORT~'~ I'ORM 210 Ganar d Waft Claim m~2tD ~IJIIIIlIIyCfdn. 'I ~L @IL • I w.t..... •... ReM"-' to RON 492, Mb than la provided pumusid 10 PIIIUInt pravIdedfor tor your JOUr …
Article • June 15, 2004 • from PLN June, 2004
Welcome to Guantanamo World by Tom Engelhardt The clue for 17 across, a seven-letter empty space in the Friday, March 26, New York Times crossword puzzle was "detainee's entitlement." It took me a while to break the code _ the Friday crossword's always a nightmare _ and discover that the …
Ex Con "Helps Police" by Trying to Murder Sex Offenders by Gary Hunter Between April 12 and April 25, 2003, Lawrence Trant, Jr., 56, tried to kill 8 registered sex offenders in Concord, New Hampshire. Trant set fire to a boarding house, to an apartment building and ultimately stabbed one …
Article • June 15, 2004 • from PLN June, 2004
Law-and-Order Former Texas Attorney General Lands in Federal Prison by Law-and-Order Former Texas Attorney General Lands in Federal Prison by Matthew T. Clarke Dan Morales, the former Texas at torney general who ran on a law-and-order platform, was sentenced on October 31, 2003, to four years in federal prison after …
Court Continues Oversight and Orders Corrections in Georgia Jail by David Reutter by David M. Reutter "The Court is totally out of patience with the assurances and promises that compliance will be achieved" with the Final Settlement Agreement signed on January 24, 2000. So said Judge Shoeb, U.S. District Court …
Article • June 15, 2004 • from PLN June, 2004
From the Editor by Paul Wright This month's cover story reports on the U.S. government's clandestine network of prisons around the world. The story was written before the news about the torture and murder of Iraqi prisoners appeared. The only thing that would have been unusual would have been the …
$450,000 Settlement in California Prison Murder Suit by The California Department of Corrections (CDC) agreed on October 15, 2003 to pay $450,000 to settle the civil rights complaint brought by the surviving family of a prisoner murdered by his cellmate. Jeffrey Ford, an effeminate homosexual serving prison time for petty …
Article • June 15, 2004 • from PLN June, 2004
California's Proposition 36 Parole Violator Drug Treatment Program Covers Probation Violators by John E Dannenberg by John E. Dannenberg The California Court of Appeal judicially extended the reach of California's parole violator alternative drug treatment program, Proposition (Prop.) 36 (Nov. 7, 2000, codified at Penal Code §§ 1210, 1210.1, 3063.1) …
Pro Se Tips and Tactics by John Midgley The Supreme Court recently decided another in a series of cases about when prisoners can sue directly under 42 U.S.C. § 1983, versus when they must first employ habeas corpus proceedings, to challenge actions by prison officials. The difference is very important …
Article • June 15, 2004 • from PLN June, 2004
Florida's Incarceration Cost Recovery Statute Constitutional by The Florida Supreme Court held that a Florida statute that imposes civil liens for recovery of incarceration cost and victim restitution violates neither the Ex Post Facto Clause or Due Process. Florida prisoner 011ie James Goad, who has been incarcerated since February 1991, …
Article • June 15, 2004 • from PLN June, 2004
Federal Supermax Terrorist's New Home and Bargaining Chip; $1 Million Cells Planned by Bob Williams Federal Supermax Terrorist's New Home and Bargaining Chip; $1 Million Cells Planned by Bob Williams The United States PenitentiaryAdministrative Maximum Facility goes by many names: ADX, Supermax, Alcatraz of the Rockies. It has been the …
Article • June 15, 2004 • from PLN June, 2004
Wackenhut Changes Name to Geo Group, Politics Remain the Same by Michael Rigby The old maxim, the more things change, the more they stay the same," could have been tailored to Wackenhut these days. Although Wackenhut Corrections has spun off from its parent company, Wackenhut Corporation, there's no indication that …
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