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Article • July 15, 2003 • from PLN July, 2003
Arkansas Prison Must Pay for Kosher Meals by Arkansas Prison Must Pay For Kosher Meals The Eighth Circuit Court of Appeals has affirmed an order of the United States District Court for the Eastern District of Arkansas ordering the Arkansas Department of Corrections (ADC) to provide a Jewish prisoner with …
Article • July 15, 2003 • from PLN July, 2003
HIV Infections, AIDS Deaths Down in U.S. Prisons by Acquired Immune Deficiency Syndrome (AIDS), the fearsome, incurable disease caused by Human Immunodeficiency Virus (HIV), is far more prevalent in prison populations nationwide than it is in the general, non-incarcerated population throughout the United States. At the end of the year …
No Right to Renounce Citizenship - U.S. Not "at War" by No Right to Renounce Citizenship - U.S. Not "at War" Judge Bernice B. Donald of the United States District Court for the Western District of Tennessee has denied habeas corpus relief to a Wisconsin prisoner seeking to renounce his …
Article • July 15, 2003 • from PLN July, 2003
BOP Ban on R-Rated Movies Challenged by James Quigley The United State Court of Appeals for the Third District held that a Pennsylvania district court failed to conduct a proper analysis when it dismissed a class action challenging the Federal Bureau of Prisons' (BOP) ban on movies rated R, X …
Consultants Do Not Insulate Officials from Kosher Diet Liability by Consultants Do Not Insulate Officials from Kosher Diet Liability; Prisoner Loses $30,000 for Failing to Exhaust In an appeal by prison officials of a $30,000 punitive damage award for excluding a prisoner from participating in Jewish services and holidays, the …
Article • July 15, 2003 • from PLN July, 2003
$13 Million Approved for Study of Prisoner Rape by A $13 million funding package has been approved for the study of prisoner rape, the first-ever federal appropriation for research on the issue. The package is part of the $397 billion federal spending bill signed by President Bush on February 20, …
Article • July 15, 2003 • from PLN July, 2003
Filed under: Excessive Force, Shootings
Washington Guards Shoot Now, Ask Questions Later by Roger Smith There had not been a prisoner shot to death by a guard at the Washington State Penitentiary (WSP) in Walla Walla, Washington for more than thirty years. That changed last year. During 2002, under the "capable" leadership of Richard Morgan, …
Article • July 15, 2003 • from PLN July, 2003
Prompt Mental Health Services Ordered for Arkansas Pretrial Detainees by John E Dannenberg by John E. Dannenberg A settlement was reached between the Arkansas Division of Mental Health Services and the class of all mentally ill pretrial detainees in Arkansas, to have either timely court-ordered mental health evaluations or be …
Alabama DOC Settles Mental Health Class Action by James Quigley The U.S. District Court for the Middle District of Alabama approved a settlement agreement between a class of prisoners, defined as "all acutely or severely mentally ill male inmates who are presently or will in the future be incarcerated in …
Article • July 15, 2003 • from PLN July, 2003
California Governor Has Carte Blanche in Denying Lifer Paroles by Marvin Mentor The California Supreme Court ruled that the governor has almost unlimited power to reverse a decision of the parole board (Board of Prison Terms ("BPT")) and that his decision may be reviewed by a court only to see …
Article • July 15, 2003 • from PLN July, 2003
No Qualified Immunity When Denying Pain Medication by The Seventh Circuit US Court of Appeals affirmed summary judgment against an Illinois state prisoner's 42 USC § 1983 principal complaint alleging negligent medical treatment, but denied the defendants' qualified immunity defense to the included claim regarding denial of pain medications. John …
Article • July 15, 2003 • from PLN July, 2003
U.S. Supreme Court Upholds Sex Offender Registration Laws by In two decisions handed down on March 5, 2003, the United States Supreme Court reversed the Ninth and Second U.S. Circuit Courts of Appeal, both of which had struck down state sex offender registration laws, popularly known as "Megan's Law(s)." In …
Article • July 15, 2003 • from PLN July, 2003
Arizona Governor Must Personally Decide Prisoner Clemency Denials by The Arizona Supreme Court held that the governor must personally and timely decide denials of unanimous Clemency Board recommendations to commute prisoners' sentences under that state's Disproportionality Review Act. In one case, after finding the governor had not so acted, an …
Article • July 15, 2003 • from PLN July, 2003
Habeas Granted in BOP Good Time Case by More than one year after Lopez v. Davis, 121 S.Ct. 714, 531 U.S. 230 (2001), an Oregon U.S. District Court has ordered the Federal Bureau of Prisons (BOP) to transfer a prisoner to a community corrections (CCC) program "as soon as practicable." …
Article • July 15, 2003 • from PLN July, 2003
Filed under: News, News in Brief
News in Brief by Arizona: On March 20, 2003, the Shiprock Detention Center on the Navajo reservation was closed for failing to correct health code violations, chipped paint and overcrowding with prisoners sleeping on the jail's floors. The Navajo Office of Environmental Health inspected the 40 year old jail in …
No Administrative Exhaustion in Idaho Child Support Modification by The Idaho Court of Appeals ruled that Idaho prisoners may seek judicial review of Magistrate Court orders setting monthly child support obligations, without first exhausting administrative remedies. Charles Smith was a prisoner at the Idaho State Penitentiary from 1995 until 2001. …
Injunctive Relief Ordered to Fix ADA Violations in California Parole Hearings by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals upheld a December 1999 district court decision (USDC, N.D. Calif.) granting injunctive relief to the class of all California state prisoners and parolees having …
Eighth Circuit: BOP Prisoners Have No Liberty Interest in Visits by by Matthew T. Clarke The Eighth Circuit court of Appeals held that the suspension of a prisoner's visitation rights with his wife and two other women for eighteen months was not a significant and atypical hardship and therefore did …
$240,000 Settlement in Florida Juvenile Boot Camp Suicide by Lonnie Burton Although described as a troubled kid, 16-year old Chad Franza didn't deserve to die they way he did. Only 24 days after entering a juvenile boot camp in Bartow, Florida, the teenager was found dead after hanging himself with …
Compelled Oral Sex Satisfies PLRA's "Physical Injury" Requirement by The United States District Court for the Northern District of Florida, denying a defendant's motion for partial judgment on the pleadings, has held that compelled oral sex constitutes "physical injury" for purposes of the Prison Litigation Reform Act's (PLRA's) requirement that …
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