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Prisoner Transport Guards Accused of Forcing Prisoner to Perform Sex Acts by Michael Brodheim In June 2009, the District Attorney’s office in Santa Barbara, California filed charges against Roland Ygelsias and Miguel Jacobo, former employees of U.S. Extradition Services, a company that contracts with law enforcement agencies to transport prisoners …
Article • March 15, 2010 • from PLN March, 2010
Call Your Attorney from Jail, Go to Prison by John Dannenberg by John E. Dannenberg Jail prisoners in California, Florida, Michigan and Texas have unknowingly had their phone calls to defense attorneys secretly recorded and handed over to prosecutors. The recordings surfaced before trial, when prosecutors were required to divulge …
Article • March 15, 2010 • from PLN March, 2010
Washington Sex Offender Relieved of Obligation to Register by On September 9, 2008, following more than ten years of compliance with Special Sex Offender Sentencing Alternative (SSOSA) restrictions and guidelines, a Washington state trial court relieved Brian A. McMillan of his duty to register as a sex offender. The State …
Assessment of Prison Account Without Seizure of Funds Implicates Due Process in Third Circuit by Mark Wilson In an important case of first impression, the U.S. Court of Appeals for the Third Circuit held that an assessment of a prisoner’s trust account without an actual seizure of funds implicates a …
Tenth Circuit Reverses Dismissal of Failure to Protect Suit by Brandon Sample The U.S. Court of Appeals for the Tenth Circuit has reversed the dismissal of a lawsuit filed by a Colorado prisoner who requested but was denied protection from prison gang members. Scott L. Howard, a self-described “openly homosexual” …
Ninth Circuit: California Jail Detainee’s Excessive Force Suit May Proceed by John Dannenberg by John E. Dannenberg The Ninth Circuit Court of Appeals reversed a district court’s decision granting summary judgment to Orange County, California jail officials who allegedly used excessive force while restraining a detainee. The appellate court found …
Article • March 15, 2010 • from PLN March, 2010
Defendants Denied Qualified Immunity in Tennessee Jail Detainee’s Death by Mark Wilson The Sixth Circuit Court of Appeals has held that a lower court improperly deferred a qualified immunity determination to the jury. The appellate court decided that jail guards, a jail physician and a paramedic were not entitled to …
Article • March 15, 2010 • from PLN March, 2010
Filed under: News, State Legislation
Texas to Eliminate Centralized Release of Prisoners by By September 1, 2010, a long-standing Texas prison tradition will come to an end--the centralized release of prisoners. The vast majority of Texas prisoners released each year--more than 42,000 in 2008--are processed out through a red-brick walled prison built in 1842 designated …
Article • March 15, 2010 • from PLN March, 2010
Filed under: News, News in Brief
News in Brief: by Australia: Ipswich resident Kurt James Milner, a former security guard, pleaded guilty in January 2010 to charges of possessing cartoon pornography. Police recovered 64 images of “cartoon child exploitation material” from Milner’s com-puter, including X-rated cartoon images of child characters from The Simpsons, The Incredibles and …
Article • March 15, 2010 • from PLN March, 2010
Eighth Circuit Rejects Debt Offset of EAJA Fees; Supreme Court to Hear Case by Mark Wilson The Eighth Circuit Court of Appeals has held that attorney’s fees awarded under the Equal Access to Justice Act (EAJA) may not be withheld to pay debts owed to the federal government. South Dakota …
The Maricopa Courthouse WAR by Terry Carter Posted Apr 1, 2010 4:45 AM CDT On Dec. 21, in the afternoon sunshine that passes for winter in Phoenix, several hundred well-dressed protesters—most of them lawyers—gathered on the Maricopa County courthouse plaza. Summoned by an e-mail from a local lawyer, they brought …
Ninth Circuit Strikes Down BOP Rule Limiting Early Release for RDAP Participants by Brandon Sample Following its recent decision in Arrington v. Daniels, 516 F.3d 1106 (9th Cir. 2008) [PLN, June 2009, p.44], the U.S. Court of Appeals for the Ninth Circuit struck down another federal Bureau of Prisons (BOP) …
Texas Youth Commission Causes Consternation, Conflict in State Legislature by Gary Hunter Last year, honoring the request of state Senator Juan “Chuy” Hinojosa, the Office of the Independent Ombudsman (OIO) of the Texas Youth Commission investigated the reason for the “alarming trend regarding adult certifications” of youthful offenders in Texas. …
California Prisoner Settles Medical Suit for $35,000 by Eighteen months after surviving a motion for summary judgment, California prisoner William Milton agreed to a settlement of $35,000 in a case involving denial and delay of medical treatment. Though unpublished, the district court’s March 2007 order denying defendants’ motion for summary …
Article • March 15, 2010 • from PLN March, 2010
California Enacts Non-Revocable Parole And Increased Credits To Reduce Prison Population by John Dannenberg by John E. Dannenberg In what appears to be the first attempt to comply with federal court orders to reduce California’s prison population, the State Legislature enacted Senate Bill 18, which, effective January 25, 2010, places …
New Orleans Jail Conditions Found Unconstitutional by Jimmy Franks In June, August and November 2008, the Orleans Parish Prison (OPP) in New Orleans, Louisiana was the target of a U.S. Department of Justice investigation conducted by the agency’s Civil Rights Division. Under the auspices of the Civil Rights of Institutionalized …
In Support of Ending Prosecutorial Misconduct by Jimmy Franks The Justice Project recently published its policy review concerning prosecutorial accountability in our nation’s criminal justice system. Entitled, Improving Prosecutorial Accountability, the report was prepared by the president of The Justice Project, John F. Terzano, Esq., along with Executive Director Joyce …
Article • March 15, 2010 • from PLN March, 2010
California Prison Erupts, Hundreds Hurt in Riot, Multiple Causes Cited by On August 8, 2009, just days after a three-judge federal panel ruled that California’s prison system was dangerously overcrowded, a major riot erupted at the California Institution for Men at Chino, a prison about 40 miles east of Los …
Jury Awards $80,001 to New Hampshire Prisoner for Guard Beating by On September 18, 2009, a federal jury awarded a New Hampshire state prisoner $80,000 in punitive damages for a violation of his Eighth Amendment rights, plus $1 in nominal damages. While incarcerated at the New Hampshire State Prison for …
Article • March 15, 2010 • from PLN March, 2010
South Carolina Prisoner Does Easy Time by Gary Hunter South Carolina state prisoner Kevin Bell, 42, breezed through the last six years of his sentence with the help of local law enforcement officials. In 1996, Bell began serving a 13-year prison term for cocaine trafficking. Six years later he was …
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