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First Circuit Upholds $101,750,000 in Damage Awards in FBI Misconduct Case by Matthew Clarke by Matt Clarke On August 27, 2009, the First Circuit Court of Appeals upheld an almost $102 million judgment in a lawsuit filed against the federal government after the FBI helped an informant secure the convictions …
Less Than Equal: State officials, including prejudiced human-rights commissioners, block Prisoner complaints by Lance Tapley This story has a bias. It’s in favor of human rights for all people. So if you think it’s proper for prison guards to call African-American prisoners “niggers” and gay prisoners “fags,” then this story …
Article • March 15, 2010 • from PLN March, 2010
Prison Labor Bails Out State and County Budgets by Gary Hunter Across the nation, state and local governments are facing gaping holes in their budgets. As a result many are turning to cheap or free prison labor, and in some cases prisoners have taken the place of free-world citizens laid …
Article • March 15, 2010 • from PLN March, 2010
All Eyes On the Court: An Interview with Attorney and Federal Court Monitor Fred Cohen by Todd Matthews Most people familiar with prisoners’ rights issues know attorney Fred Cohen as an advocate for juvenile prisoners and prisoners with mental health issues. They have also seen his byline in the Correctional …
Cook County Strip, Body Cavity Searches Held Unconstitutional; Other Suits Pending by Brandon Sample On February 23, 2009, U.S. District Court Judge Matthew F. Kennelly granted partial summary judgment to the plaintiffs in a class action lawsuit challenging certain strip and visual body cavity searches conducted at Illinois’ Cook County …
Article • March 15, 2010 • from PLN March, 2010
California Cuts Funding for Prop 36 Drug Treatment Programs by Michael Brodheim In an effort to trim a $26.3 billion budget deficit, California Governor Arnold Schwarzenegger slashed $90 million from a diversion program designed to offer certain non-violent drug offenders the opportunity to participate in substance abuse treatment instead of …
Conviction of CIA Contractor Who Fatally Beat Afghan Detainee Upheld on Appeal by On August 10, 2009, the Fourth Circuit Court of Appeals upheld the conviction of a CIA contractor who beat to death a detainee at a U.S. military outpost in Afghanistan. The contractor’s sentence was reversed due to …
Article • March 15, 2010 • from PLN March, 2010
Michigan Study Shows Incarceration Can Cause Illness in Loved Ones by Gary Hunter A study, sponsored by the Centers for Disease Control and Prevention and released in December 2008, concludes that “Incarceration may not only affect those individuals incarcerated, but also those family members and friends left behind in the …
Sexual Victimization Widespread in U.S. Correctional Facilities by Brandon Sample In a culture where it is socially acceptable for celebrities, advertisers and even movies to joke about the unfunny fact of prison rape, it should come as no surprise that almost 4% of prisoners in the United States have reported …
Article • March 15, 2010 • from PLN March, 2010
Certificate of Merit in Medical Malpractice Suits Unconstitutional in Washington State by Jimmy Franks In 2007, Kimme Putman, a Washington state resident, filed suit against the Wenatchee Valley Medical Center and a number of its employees. Putnam’s lawsuit alleged negligence by medical personnel when they failed to properly diagnose her …
Article • March 15, 2010 • from PLN March, 2010
A Tight Leash: Judges Micromanage Federal Offenders After Release by Brandon Sample The number of people serving terms of supervised release after leaving federal prison is creeping ever closer to 100,000. As judges and probation officers attempt to manage their growing caseloads, more and more judges are imposing supervised release …
Article • March 15, 2010 • from PLN March, 2010
Illinois Prisoners Bilked Out of Millions Through DOC Commissary Surcharges by Joseph R. Dole Few prisoners would be shocked to learn that they are paying too much for items sold in prison commissaries or canteens. The Illinois Dept. of Corrections (IDOC), however, has taken commissary price-gouging to an extreme level. …
Article • March 15, 2010 • from PLN March, 2010
Texas Counties Give Up on Probationer Restitution Centers by Matthew Clarke by Matt Clarke In the 1980s, faced with overcrowded prisons and probationers who often failed to pay their court-ordered fees and fines, some Texas counties came up with what sounded like a good idea: the Probationer Restitution Center (PRC). …
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 …
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