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County May Be Liable for Private Prison's Customs and Policies by Bob Williams County May Be Liable For Private Prison's Customs And Policies by Bob Williams The New Mexico federal district court has held that a county could potentially be liable under 42 U.S.C. § 1983 for the customs and …
Article • April 15, 2004 • from PLN April, 2004
Wisconsin Pro Se Co-Plaintiffs Must Maintain Separate § 1983 Actions by Wisconsin Pro Se Co-Plaintiffs Must Maintain Separate § 1983 Actions Federal district court Chief Judge Bar-bara B. Crabb, of the Northern District of Wisconsin, has decided that all pro se prisoner plaintiffs filing in this district must file and …
Article • April 15, 2004 • from PLN April, 2004
Filed under: News, News in Brief
News in Brief by Bolivia: Protesting bad conditions and long sentences, two prisoners at the Palmasola prison in the capital of La Paz were crucified on February 11, 2004. Prisoners Fredy Acosta and Walter Ortiz were nailed to crosses in the prison. The protest was filmed by local television crews …
Article • April 15, 2004 • from PLN April, 2004
Filed under: Sentencing, Good Time
Prior To Reversal And Reconviction, California Prison Credits, Not Jail Credits, Apply by Prior To Reversal And Reconviction, California Prison Credits, Not Jail Credits, Apply The California Supreme Court held that when a prisoner's conviction is overturned on appeal, and a new conviction is obtained upon retrial, the time that …
Article • April 15, 2004 • from PLN April, 2004
Prison Mailbox Rule Applies to Civil Rights Complaint by Jon Michael Withrow Prison Mailbox Rule Applies To Civil Rights Complaint by Jon Michael Withrow The U.S. Court of Appeals for the 8th circuit reversed and remanded a district court's dismissal of a prisoner's § 1983 complaint as untimely filed, holding …
Article • April 15, 2004 • from PLN April, 2004
Asset Forfeiture Defense Manual by John E Dannenberg by Brenda Grantland, Judy Osburn and Susan Raffanti; Liberty Press, San Francisco, CA, Nov. 2001; 500 pp. (soft-back) Vol. 1: Substantive Law and Administrative Procedure; Review by John E. Dannenberg You may have thought your troubles were over when you were prosecuted …
Article • April 15, 2004 • from PLN April, 2004
California Parole Violators' Due Process Rights Upheld in Settlement by California Parole Violators' Due Process Rights Upheld in Settlement In a November 17, 2003 Stipulated Or-der for Permanent Injunctive Relief (PI), defendant California prison officials settled a nine-year old federal class action suit brought by parolees whose due process rights …
Former Warden and Two Jailers Sentenced for Philadelphia Jail Beating by Former Warden and Two Jailers Sentenced for Philadelphia Jail Beating A former warden and two former guards were sentenced in federal court for their roles in connection with the severe beating of a federal prisoner who was being held …
Mississippi Death Row Conditions Unconstitutional; Sweeping Reforms Ordered by Bob Williams Mississippi Death Row Conditions Unconstitutional; Sweeping Reforms Ordered by Bob Williams Hailed as the broadest ruling ever is-sued by a federal judge in a death row conditions of confinement case, and a precedent setting breakthrough in prisoners' rights, conditions …
Article • April 15, 2004 • from PLN April, 2004
Constitutional Amendment Effort Launched to Bar Florida's Prison Privatization by David Reutter Constitutional Amendment Effort Launched to Bar Florida's Prison Privatization by David M. Reutter The Florida Police Benevolence As-sociation (PBA) has launched a petition drive to enact an amendment to Florida's constitution that would bar privatization of prisons, jails, …
Permanent Injunction Requires Full HCV Retreatment for Florida Prisoner by John E Dannenberg Permanent Injunction Requires Full HCV Retreatment for Florida Prisoner by John E. Dannenberg The U.S. District Court (S.D. Fla.) is-sued a permanent injunction on July 24, 2003 ordering James Crosby, the Secretary of the Florida Department of …
Disabled Missouri Prisoner Awarded Backpay after Passing GED Test by The U.S. District Court for the Eastern District of Missouri found that a disabled prisoner was entitled to backpay because he was not reassigned to a premium pay job after he successfully passed the GED test. James Arlt Jr, a …
Article • April 15, 2004 • from PLN April, 2004
Brief Statement of Operative Facts Satisfies Texas Pleading Requirement by by Matthew T. Clarke A Texas state court of appeals has held that a brief statement of operative facts of prior lawsuits satisfies the requirements of Texas Civil Practice and Remedies Code (TCPRC) §§ 14.004 & 14.005. Theron Belton, a …
Texas Prisoners Have Right to Judicial Review of Administrative Finding by Texas Prisoners Have Right to Judicial Review of Administrative Finding A Texas state court of appeals has held that Texas state prisoners have a right to a judicial review of an administrative finding of destruction of state property in …
Article • April 15, 2004 • from PLN April, 2004
Filed under: Reviews, Media, Prisoner Media
Prison Nation Wins Human Rights Award by On December 16, 2003, Paul Wright and Tara Herivel were awarded the 2003 Myers Outstanding Book Award certificate for Prison Nation: The Warehousing of America's Poor (Routledge, 2003). The award is from the Gustavus Myers Center for the Study of Bigotry and Human …
First Circuit Holds ADA Title II Abrogated State Sovereign Immunity by Bob Williams The First Circuit court of appeals has held that Title II of the Americans with Disability Act (ADA), as applied in this case, abrogates state sovereign immunity. There is now a 6-3 split in the circuits on …
BOP, FBI Investigations in Texas, Oregon, Arizona, and California Federal Prisons by Michael Rigby BOP, FBI Investigations in Texas, Oregon, Arizona, and California Federal Prisons by Michael Rigby Murder, riots, drug overdoses, and allegations of official corruption have prompted the Bureau of Prisons (BOP) and the FBI to launch investigations …
Article • April 15, 2004 • from PLN April, 2004
Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983 by Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983; U.S. Supreme Court Grants Review Bringing itself into line with its sister circuits, the en banc U.S. Sixth Circuit Court of Appeals held that Ohio prisoners may challenge parole …
Disarray in Colorado: Prisoners Hurt by Host of Problems by Bob Williams Society is dynamic, in a state of con-stant flux where change is the only constant, but recent changes in Colorado are turning up the pressure in Colorado's prison system. Prisoner pay has been nearly eliminated while hygiene items …
Article • April 15, 2004 • from PLN April, 2004
Eighteen Indicted for Drug Smuggling and Weapons Possession Inside Puerto Rican Prisons by Lonnie Burton Eighteen Indicted for Drug Smuggling and Weapons Possession Inside Puerto Rican Prisons by Lonnie Burton On May 8, 2003, a 21-page indictment was handed down by a federal grand jury sitting in San Juan, Puerto …
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