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Article • August 15, 2009 • from PLN August, 2009
Eleventh Circuit Reverses Dismissal of Challenge to Florida DOC Ban on Pen Pal Requests by The Eleventh Circuit Court of Appeals has reversed a district court order dismissing a Florida prisoner’s civil rights action that challenged a prison policy which prohibited him from sending letters to churches and ministers requesting …
University of Arizona Releases Report on Women Immigration Prisoners by Matthew Clarke by Matt Clarke In January 2009, the Southwest Institute for Research on Women (SWIRW) and the Bacon Immigration Law and Policy Program of the University of Arizona published a report on women held in Arizona immigration prisons. It …
Article • July 15, 2009
Prison Officials Must Assist Prisoners in Getting Married by Failing to assist a prisoner in getting married is a cognizable First Amendment violation, the U.S. Court of Appeals for the Sixth Circuit decided on July 31, 2003. Laura Toms and Ira Chaiffetz, an Ohio prisoner, had a hard time getting …
Article • July 15, 2009
Prison’s Littlest Victims by David C Fathi By David Fathi The US criminal justice system may be on the verge of its biggest overhaul in decades. Senator Jim Webb (D-VA) is sponsoring a bill to establish a blue-ribbon commission to conduct a comprehensive review of the criminal justice system and …
Article • June 15, 2009 • from PLN June, 2009
Prisoner’s Free Speech Rights Violated by Legal Mail Opened Outside His Presence; Qualified Immunity Denied by David Reutter Prisoner’s Free Speech Rights Violated by Legal Mail Opened Outside His Presence; Qualified Immunity Denied by David M. Reutter The Eleventh Circuit Court of Appeals held that prison officials who open legal …
Article • June 15, 2009 • from PLN June, 2009
Federal Prisoner Dies During Illicit Tryst With His Wife by Desmond A. Greene, a prisoner at the Big Sandy federal prison in Martin County, Kentucky, was in his bunk just after midnight on October 5, 2008. But at 1:12 a.m. his wife, Susan A. Witherspoon, was banging on the front …
Article • May 15, 2009
Filed under: Family, Marriage
Unjustified Delay in Granting Prisoner’s Request to Marry Actionable by A 19-month delay in granting a Prisoner’s request to marry states a cognizable substantive due process claim. William Engel, a New Jersey state prisoner, submitted a request to marry on September 8, 2005, to prison officials. The marriage committee denied …
Article • May 15, 2009
Writ of Mandate Granted in Child Custody Dispute by In October 2007, Orange County Social Services Agency (SSA), in California, took custody of a woman's two-year-old son following her incarceration for allegedly having sex with a minor. In January 2008, the Court ordered the SSA to prepare a case plan …
Article • May 15, 2009
$25,000,000 Consent Judgment Entered Against Murderer by Caitlan Atwater, the daughter of a woman murdered by her husband, has obtained a $25,000,000 consent judgment. Atwater sued Michael Peterson after Kathleen Peterson, Atwater’s daughter from another marriage, was beaten to death by Peterson. The parties agreed to a consent judgment of …
$300,000 for Family of Prisoner who Bled to Death Waiting on Ambulance by The County of San Bernardino has settled a lawsuit brought by the estate of a woman who bled to death due to an undiagnosed pregnancy condition while waiting on an ambulance. Luan Morales started hemorrhaging while at …
Article • April 15, 2009
Iowa Parental Rights Not Terminated Upon Imprisonment by The Iowa Court of Appeals has upheld a lower court’s order refusing to terminate the parental rights of a couple imprisoned for selling drugs in the presence of their minor children. On January 22, 2007, Juan and Maria were arrested for selling …
Article • April 15, 2009 • from PLN April, 2009
BJS Report Finds 53% of Prisoners Are Parents by Mark Wilson BJS Report Finds 53% of Prisoners Are Parents by Mark Wilson About 809,800 (53%) of America’s 1,518,535 prisoners in 2007 were parents of minor children, according to a Special Report of the U.S. Department of Justice’s Bureau of Justice …
Article • April 15, 2009 • from PLN April, 2009
BOP Amends Policy On Shackling Of Pregnant Prisoners by BOP Amends Policy On Shackling Of Pregnant Prisoners The Bureau of Prisons (BOP) has decided to bar the shackling of pregnant federal prisoners except in extreme situations. The policy change comes just six months after the Second Chance Act of 2007 …
$16,000 Awarded in Father's Day False Arrest by On November 30, 2005, John McHenry of Delaware County, Pennsylvania was awarded $1,000 in compensatory damages and an additional $15,000 in punitive damages as a result of his civil rights suit for false arrest. On June 16, 2002, Father's Day, McHenry was …
Texas Parole Officials Caught Lying to Federal Court With Impunity by A Texas federal court has dismissed as moot a parolee’s challenge to parole restrictions which prevented him from having unsupervised contact with his son. During the course of the litigation, parole officials repeatedly misled the court. Gerald Grant, a …
Article • January 15, 2009 • from PLN January, 2009
Welcome to Fun Day: Crime and Punishment in the United States by Marie Gottschalk Doing Time Together: Love and Family in the Shadow of the Prison. By Megan Comfort. University of Chicago Press. 256 pp. $55.00 cloth. $22.00 paper. Race, Incarceration, and American Values. By Glenn C. Loury with Pamela …
Article • January 15, 2009
No Right to Appointed Counsel In Washington Marriage Dissolution Proceeding by Washington State resident Brenda King appealed the denial of state funded counsel in a child custody based dissolution of marriage proceeding. The court affirmed the denial holding that no right to free counsel existed in a dissolution proceeding. Brenda …
Article • January 15, 2009
Child Support Obligation While Incarcerated Should Reflect Actual Earnings And Resources by West Virginia State prisoner Christopher Adkins appealed a 2006 court order denying his request to reduce or waive his support obligation while incarcerated. The denial was partially reversed and remanded to reflect his actual income and available resources. …
Article • November 15, 2008 • from PLN November, 2008
Report Finds Incarceration Damages Children Psychologically, Emotionally by Gary Hunter Report Finds Incarceration Damages Children Psychologically, Emotionally by Gary Hunter Broken Bonds, a study by the Urban Institute Justice Policy Center shows that incarceration inflicts psychological and emotional damage on the children of incarcerated citizens. Unlike other forms of trauma …
Gay and Lesbian Prisoners: Recent Developments and a Call for More Research by Zachary Wolfe, Esq. by Zachary Wolfe, Esq.1 This is an interesting time in the changing legal landscape relating to gay and lesbian prisoners, but public and scholarly attention is lacking. Rights of lesbian, gay, bisexual and transgendered …
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