Search | Prison Legal News

Oregon DOC Envelope Art Ban Violates First Amendment

Article • February 2, 2016 • from PLN February, 2016

Filed under: DOC/BOP misconduct, Mail Regulations, First Amendment

Oregon DOC Envelope Art Ban Violates First Amendment by Mark Wilson On November 14, 2013, a federal judge denied summary judgment to Oregon prison officials, finding that their enforcement of a policy banning “envelope art” violated the First Amendment. Following a bench trial in early 2015, the district court held …

One of the Largest Solar Power Companies in the U.S. has Ties to Prison Slave Labor

Article • December 31, 2015 • from PLN January, 2016

Filed under: Prison Industries, Prison Labor

One of the Largest Solar Power Companies in the U.S. has Ties to Prison Slave Labor by Panagioti Tsolkas One of the Largest Solar Power Companies in the U.S. has Ties to Prison Slave Labor by Panagioti Tsolkas Prisoners at the Federal Correctional Institution in Sheridan, Oregon are making solar …

Oregon Corrections Enterprises Whistleblower Receives $450,000 for Wrongful Termination

Article • December 2, 2015 • from PLN December, 2015

Filed under: Whistleblowing, Employee Litigation

Oregon Corrections Enterprises Whistleblower Receives $450,000 for Wrongful Termination by Derek Gilna Oregon Corrections Enterprises Whistleblower Receives $450,000 for Wrongful Termination by Derek Gilna Rob Killgore, former director of Oregon Corrections Enterprises (OCE), who was fired by Oregon Department of Corrections (DOC) Director Colette S. Peters after he came forward …

New Health Care Provider Picked for Oregon Jail after Audit Criticizes Corizon

Article • December 1, 2015 • from PLN December, 2015

Filed under: Naphcare, Corizon, Corrections Audits, Medication, Private Contractors, Eighth Amendment

New Health Care Provider Picked for Oregon Jail after Audit Criticizes Corizon by Mark Wilson New Health Care Provider Picked for Oregon Jail after Audit Criticizes Corizon by Mark Wilson A Birmingham, Alabama health care company has taken over medical care at the Washington County jail in Hillsboro, Oregon in …

Excessive Oregon “DUII-Conviction Fee” Vacated

Article • November 18, 2015

Filed under: Sentencing, Criminal Procedure

Excessive Oregon “DUII-Conviction Fee” Vacated by Excessive Oregon “DUII-Conviction Fee” Vacated On July 23, 2014, the Oregon Court of Appeals held that a lower court imposed an excessive fee for driving under the influence of intoxicants (DUII). The Oregon sentencing courts were previously allowed to assess a “DUII-conviction fee” of …

Protestor’s First Amendment Rights Violated by Federal Agency’s Unusual Enforcement of Plaza’s Business Hours

Article • November 16, 2015

Filed under: Protests, Administrative Procedures Act (Federal), First Amendment

Protestor’s First Amendment Rights Violated by Federal Agency’s Unusual Enforcement of Plaza’s Business Hours by Protestor’s First Amendment Rights Violated by Federal Agency’s Unusual Enforcement of Plaza’s Business Hours The U.S. District Court for the District of Oregon granted summary judgment in favor of the protestors, holding that a federal …

Oregon Immigration Court Second Slowest in Nation; 80 Percent Slower Than 2008

Article • November 13, 2015

Filed under: Overdetention, Immigration

Oregon Immigration Court Second Slowest in Nation; 80 Percent Slower Than 2008 by Mark Wilson Oregon Immigration Court Second Slowest in Nation; 80 Percent Slower Than 2008 by Mark Wilson The national average to resolve an immigration case is 898 days, according to a Syracuse University statistical research group. Oregon’s …

Oregon Conviction Tainted by Detective’s claimed Ability to Detect Lies

Article • November 13, 2015

Filed under: Evidentiary Ruling, Appeals

Oregon Conviction Tainted by Detective’s claimed Ability to Detect Lies by Mark Wilson Oregon Conviction Tainted by Detective’s claimed Ability to Detect Lies by Mark Wilson On November 26, 2013, the Oregon Court of Appeals reversed a drug conviction, holding that a jury was unfairly prejudiced by a detective’s claim …

Ninth Circuit Vacates Involuntary Medication Order for Sell Violations

Article • November 13, 2015

Filed under: Involuntary Treatment/Drugging

Ninth Circuit Vacates Involuntary Medication Order for Sell Violations by Ninth Circuit Vacates Involuntary Medication Order for Sell Violations On May 7, 2014, the Ninth Circuit Court of Appeals vacated an involuntary medication order to restore a criminal defendant’s competency to stand trial, finding that it violated Sell v. United …

Denial to Oregon’s Alternative to Incarceration Program No Longer Requires “Substantial and Compelling Reasons”

Article • November 13, 2015

Filed under: Alternative Sentencing, Drug Treatment/Rehab

Denial to Oregon’s Alternative to Incarceration Program No Longer Requires “Substantial and Compelling Reasons” by Denial to Oregon’s Alternative to Incarceration Program No Longer Requires “Substantial and Compelling Reasons” On July 9, 2014, the Oregon Court of Appeals held that sentencing courts are no longer required to find “substantial and …

No Oregon Restitution for Victim Losses Before Date of Crime

Article • November 3, 2015

Filed under: Restitution

No Oregon Restitution for Victim Losses Before Date of Crime by No Oregon Restitution for Victim Losses Before Date of Crime On September 10, 2014, the Oregon Court of Appeals held that a criminal defendant could not be assessed restitution for losses occurring before the crime he was convicted of. …

Parole or Probation Violation Arrests Qualify as “Arrest” for Oregon Resisting Arrest Statute

Article • November 3, 2015

Filed under: Parole, Probation, State Statutes

Parole or Probation Violation Arrests Qualify as “Arrest” for Oregon Resisting Arrest Statute by Parole or Probation Violation Arrests Qualify as “Arrest” for Oregon Resisting Arrest Statute On July 10, 2014, the en banc Oregon Supreme Court held that arrest for a parole or probation violation qualifies as an arrest …

No Oregon Constitutional Right to “Full” Victim Restitution; Contributory Negligence May Limit Restitution Award

Article • November 2, 2015

Filed under: Victims, State Law Claims, Restitution, State Statutes

No Oregon Constitutional Right to “Full” Victim Restitution; Contributory Negligence May Limit Restitution Award by Mark Wilson No Oregon Constitutional Right to “Full” Victim Restitution; Contributory Negligence May Limit Restitution Award by Mark Wilson On October 3, 2013, the Oregon Supreme Court upheld a lower court’s refusal to grant a …

Oregon Prisoner’s “Macabre and Silly” Murder Contract Nets 20 Years

Article • November 2, 2015

Filed under: Criminal Prosecution

Oregon Prisoner’s “Macabre and Silly” Murder Contract Nets 20 Years by Oregon Prisoner’s “Macabre and Silly” Murder Contract Nets 20 Years “Dear Stranger, I have a job for you. I need your help. There are three people I need taken care of,” wrote Dustin M. Kimbrough from his Oregon jail …

Ninth Circuit: Prisoner’s Delusions Warrant §2254 Equitable Tolling

Article • November 2, 2015

Filed under: Appeals, Limitations, Habeas Corpus, Mental Health

Ninth Circuit: Prisoner’s Delusions Warrant §2254 Equitable Tolling by Ninth Circuit: Prisoner’s Delusions Warrant §2254 Equitable Tolling On April 18, 2014, the Ninth Circuit Court of Appeals held that the statute of limitations on an Oregon prisoner’s federal habeas corpus petition should be equitably tolled due to delusions the prisoner …

No Compulsory Process Advice Reverses Oregon Civil Commitments

Article • October 30, 2015

Filed under: Witnesses, Civil Commitment

No Compulsory Process Advice Reverses Oregon Civil Commitments by No Compulsory Process Advice Reverses Oregon Civil Commitments On August 13, 2014, the Oregon Court of Appeals held that those facing involuntary commitment must be informed of their right to subpoena witnesses, in terms they will understand. Oregon Statute (ORS) 426.100(1) …

Attorney Fees Against “Untruthful” Oregon Guard Vacated

Article • October 30, 2015

Filed under: Gender Discrimination -- Women, Attorney Fee Awards, Employee Litigation

Attorney Fees Against “Untruthful” Oregon Guard Vacated by Mark Wilson Attorney Fees Against “Untruthful” Oregon Guard Vacated by Mark Wilson The Oregon Court of Appeals reversed a $30,000 attorney fee award against a prison guard, holding that her claims were not “unreasonable, frivolous, and without foundation.” In April 2007, Oregon …

Multnomah County - Agenda Authorizing Settlement of Millner v. Multnomah County, Diabetes, 2013-14

Publication • October 30, 2015

Filed under: Jail Misconduct, Nervous System, Diabetes, Podiatry, Failure to Treat, Infections, Settlements

Multnomah County - Agenda Authorizing Settlement of Millner v. Multnomah County, Diabetes, 2013-14 MULTNOMAH COUNTY AGENDA PLACEMENT REQUEST (Revised: 09/23/13) Board Clerk Use Only Agenda Title: Meeting Date: 1/9/14 Agenda Item #: Est. Start Time: R.7 10:30 am Date Submitted: 12/23/13 Authorizing Settlement of Millner v. Multnomah County, et al …

Attorney Fees against Indigent Defendant Vacated

Article • October 27, 2015

Filed under: Attorney Fee Awards, Indigent Defense, Appeals, Immigration

Attorney Fees against Indigent Defendant Vacated by Attorney Fees against Indigent Defendant Vacated On July 23, 2014, the Oregon Court of Appeals vacated an order imposing $400 in attorney fees against a mentally ill, homeless criminal defendant who faced deportation due to his inability to pay. Oregon law authorizes trial …

Prisoner Admits to Scheme to Defraud Catholic Church, Gets 33 More Months in Prison

Article • October 26, 2015 • from PLN November, 2015

Filed under: Frivolous Litigation

Prisoner Admits to Scheme to Defraud Catholic Church, Gets 33 More Months in Prison by Mark Wilson Prisoner Admits to Scheme to Defraud Catholic Church, Gets 33 More Months in Prison by Mark Wilson A prisoner serving a lengthy sentence for a series of Pennsylvania bank robberies has been sentenced …