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Article • December 15, 2003
Warden's False testimony at Death Sentence Hearing Okay by The petitioner was convicted of murdering another prisoner and was sentenced to death. At the penalty phase, the warden testified that he thought a death sentence had "quite an effect" on the prison population and a life sentence had "very little …
God Pod Under Fire by Silja JA Talvi By Silja JA Talvi, Santa Fe Reporter Prison program sparks lawsuit. Faith-based initiatives are all the rage these days, particularly when hundreds of millions of dollars of federal funding have been available to programs and agencies that tow the religion-and-social-services approach favored by …
Prison Writers Punished for Success in Connecticut and Texas by Gary Hunter Censorship has slithered like an unseen serpent into the crevices of the First Amendment and built its noxious nest in our nation's prisons. Prisons across the country, both state and federal, have singled out prison writers for persecution …
Article • December 15, 2003
Deportation to Uganda Doesn't Violate Torture Treaty by United Nations Convention Against Torture would not be violated by removal to Uganda, notwithstanding evidence that prison conditions are "harsh and life threatening," with "high mortality rates from overcrowding, malnutrition, diseases spread by unsanitary conditions, and HIV/AIDS." (95) Under INS regulations, torture …
Article • December 15, 2003
Probable Cause Determinations Required Within 48 Hours Of Warrantless Arrest by The U.S. Supreme Court held that probable cause determinations for warrantless arrests must be conducted within 48 hours, regardless of intervening weekends or holidays. Donald McLaughlin. brought 42 U.S.C. § 1983 action against Riverside County (California) and county officials …
Article • December 15, 2003
Magistrate Judge Cannot Enter Order on Post-Trial or Dispositive Motions by The Sixth Circuit Court of Appeals held that a magistrate judge does not have authority to rule upon motions seeking the award of attorney fees and costs, and a district court's failure to make a de novo review of …
Article • December 15, 2003
RFRA Still Applies to Federal Government by The Religious Freedom Restoration Act remains applicable to federal entities notwithstanding the decision in City of Boerne that its application to states exceeded Congress's remedial authority under section 5 of the Fourteenth Amendment. At 1219: "Of course, Congress uses its enumerated powers in …
Article • December 15, 2003
Deadly Drug-Resistant Staph in Prisons Throughout USA by by Matthew T. Clarke A deadly outbreak of drug resistant staph (MRSA) is occurring at prisons throughout the country. It is often misdiagnosed as a spider bite or non-resistant staph, delaying treatment until it is too late. This has already lead to …
California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Nonetheless Merit by California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Nonetheless Meritless by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that because the two-year interval between recurring civil commitment trials for …
Article • December 15, 2003
Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals by Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals The U.S. Supreme Court, in an action where prospective relief was granted, held …
Article • December 15, 2003
$15,000 Paid in WA DOC Sexual Discrimination Claim by Kristy Ray was a guard at Stafford Creek Correction Facility when she began receiving sexual advances from Sergeant Chad Wheelock. Ray rebuffed these advances, and after multiple complaints an investigation ensued. Ray was placed on leave without pay while Wheelock was …
Article • December 15, 2003
Audit Finds Colorado DOC Loses Large Quantities of Drugs by by Matthew T. Clarke A $436,484 shortage in the Colorado Department of Corrections's pharmacy budget in 2003 prompted an internal audit. The audit found that close to a half-million dollars worth of drugs have been lost by the prison system. …
Article • December 15, 2003
Sovereign Immunity No Bar to BOP Prisoners' Eighth Amendment Mandamus Suit by The Tenth Circuit Court of Appeals has held that a federal prisoner's mandamus action alleging an Eighth Amendment violation is not barred by the doctrine of sovereign immunity. This action was brought by Bureau of Prisons (BOP) prisoner …
Article • December 15, 2003
Court Upholds Prison Library Purge of Titillating Material by Court Upholds Prison Library Purge of Titillating Material The plaintiff challenged the censorship of "the 'Paper Wings' line of books, an adult-fiction serial" after exhausting. During discovery, he said that he had found similar material in the prison library. Prison officials …
Article • December 15, 2003
Filed under: Media
Tennessee Prisoner Libel Proof by The Tennessee Court of Appeals held that a prisoner's conviction resulting in incarceration for 99 years renders any reputation he may have virtually valueless," and that he was, in the eyes of the law, libel proof." This action was filed by a prisoner convicted of …
Virginia: Stun Gun Implicated In Death, CMS Implicated In Coverup by by Michael Rigby Documents filed as part of a $204 million lawsuit directly, contradict the Virginia Department of Correction's (DOC) initial assertion that a stun gun played no role in the death of Lawrence James Frazier, and may implicate …
Guards Abusing Prisoners in Boston Leads to Jury Awards and Disciplinary Action by by Matthew T. Clarke Widespread reports of guards having sex with, raping, and beating prisoners in Suffolk County (MA) jails have led to the indictment of guards, firing of guards, disciplinary action against-guards, and jury awards against …
Article • December 15, 2003
Uncooperative Prisoner Removed From Disciplinary Hearing by The Eleventh Circuit Court of Appeals held that a state prisoner who is recalcitrant to disciplinary hearing formalities may be removed from a prison disciplinary hearing without violating his rights. Freddie Battle, a Florida state prisoner, was found to be in possession of …
BOP Proper Defendant in Work Release Change Suit under ADA by The plaintiffs are criminal defendants who received judicial recommendations that they serve their sentences in a community corrections center, but were denied such placement pursuant to the Department of Justice's abruptly announced change of policy barring it except for …
Article • December 15, 2003
Number of Presidential Pardons Declining by Michael Rigby In spite of a rising number of requests, presidential pardons have become virtually non-existent under the George W. Bush administration. During his first two years in office Bush neither granted any pardons nor commuted any sentences. On December 23, 2002, Bush finally …
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