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Article • December 15, 2003
Filed under: News, News in Brief
News in Brief by News in Brief: Arkansas: In April, 2005, an unidentified sergeant was fired by the state DOC after the February, 2005, death of Wrightsville Unit prisoner Victor Wright, 28, while on a work detail. Wright complained to the sergeant that eh was not feeling well while on …
Article • December 15, 2003
Filed under: Money/Property, Restitution
Federal Restitution Order Upheld by In 1993, a federal district court in North Carolina ordered Lauletto, Love to pay $50,000 in restitution following her conviction for credit card fraud. Several convictions later, a federal district court in Louisiana, as a parole condition, ordered her to pay the restitution in North …
Article • December 15, 2003
Nevada DOC Using Transport Vans Subject To Rollover by The Nevada Department of Corrections (DOC) continues to use 15-passenger vans to transport prisoners despite being prone to rollover accidents. The National Highway Traffic Safety Administration (NHTSA) has banned the sale of such vans to schools because more than half of …
Article • December 15, 2003
Filed under: PLRA, Filing Fees (PLRA), RICO
PLRA Indigency Provision Inapplicable When Filing Fee Paid by The Eleventh Circuit Court of Appeals held the in forma pauperis (IFP) provision of the Prison Litigation Reform Act (PLRA) cannot be used to dismiss a case when the plaintiff pays the filing fee. Thomas R. Farese, a federal prisoner, filed …
Corruption Catches Up With Georgia Corrections Chief by by Gary Hunter Bobby Whitworth, former Corrections Commissioner and Parole Board Member, was booked into the Fulton County Jail on Friday, July 25, 2003. Charged with felony public corruption, Whitworth, 56, is the first such official ever to be indicted on corruption …
Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause by Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause by John E. Dannenberg The United States District Court, E.D. Cal., ruled that requiring a California life prisoner to attend Narcotics Anonymous (NA) …
Article • December 15, 2003
Filed under: PLRA, Filing Fees (PLRA)
No Filing Fee Refund If Appeal Withdrawn by A prisoner who withdraws his appeal may not get a refund of partial fee payments or a cancellation of the obligation to continue paying. The statute makes no provision for such repayments, and ordinary fee-paying litigants have no opportunity for a refund. …
Article • December 15, 2003
Warden's False testimony at Death Sentence Hearing Okay by The petitioner was convicted of murdering another prisoner and was sentenced to death. At the penalty phase, the warden testified that he thought a death sentence had "quite an effect" on the prison population and a life sentence had "very little …
God Pod Under Fire by Silja JA Talvi By Silja JA Talvi, Santa Fe Reporter Prison program sparks lawsuit. Faith-based initiatives are all the rage these days, particularly when hundreds of millions of dollars of federal funding have been available to programs and agencies that tow the religion-and-social-services approach favored by …
Prison Writers Punished for Success in Connecticut and Texas by Gary Hunter Censorship has slithered like an unseen serpent into the crevices of the First Amendment and built its noxious nest in our nation's prisons. Prisons across the country, both state and federal, have singled out prison writers for persecution …
Article • December 15, 2003
Deportation to Uganda Doesn't Violate Torture Treaty by United Nations Convention Against Torture would not be violated by removal to Uganda, notwithstanding evidence that prison conditions are "harsh and life threatening," with "high mortality rates from overcrowding, malnutrition, diseases spread by unsanitary conditions, and HIV/AIDS." (95) Under INS regulations, torture …
Article • December 15, 2003
Probable Cause Determinations Required Within 48 Hours Of Warrantless Arrest by The U.S. Supreme Court held that probable cause determinations for warrantless arrests must be conducted within 48 hours, regardless of intervening weekends or holidays. Donald McLaughlin. brought 42 U.S.C. § 1983 action against Riverside County (California) and county officials …
Article • December 15, 2003
Magistrate Judge Cannot Enter Order on Post-Trial or Dispositive Motions by The Sixth Circuit Court of Appeals held that a magistrate judge does not have authority to rule upon motions seeking the award of attorney fees and costs, and a district court's failure to make a de novo review of …
Article • December 15, 2003
RFRA Still Applies to Federal Government by The Religious Freedom Restoration Act remains applicable to federal entities notwithstanding the decision in City of Boerne that its application to states exceeded Congress's remedial authority under section 5 of the Fourteenth Amendment. At 1219: "Of course, Congress uses its enumerated powers in …
Article • December 15, 2003
Deadly Drug-Resistant Staph in Prisons Throughout USA by by Matthew T. Clarke A deadly outbreak of drug resistant staph (MRSA) is occurring at prisons throughout the country. It is often misdiagnosed as a spider bite or non-resistant staph, delaying treatment until it is too late. This has already lead to …
California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Nonetheless Merit by California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Nonetheless Meritless by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that because the two-year interval between recurring civil commitment trials for …
Article • December 15, 2003
Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals by Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals The U.S. Supreme Court, in an action where prospective relief was granted, held …
Article • December 15, 2003
$15,000 Paid in WA DOC Sexual Discrimination Claim by Kristy Ray was a guard at Stafford Creek Correction Facility when she began receiving sexual advances from Sergeant Chad Wheelock. Ray rebuffed these advances, and after multiple complaints an investigation ensued. Ray was placed on leave without pay while Wheelock was …
Article • December 15, 2003
Audit Finds Colorado DOC Loses Large Quantities of Drugs by by Matthew T. Clarke A $436,484 shortage in the Colorado Department of Corrections's pharmacy budget in 2003 prompted an internal audit. The audit found that close to a half-million dollars worth of drugs have been lost by the prison system. …
Article • December 15, 2003
Sovereign Immunity No Bar to BOP Prisoners' Eighth Amendment Mandamus Suit by The Tenth Circuit Court of Appeals has held that a federal prisoner's mandamus action alleging an Eighth Amendment violation is not barred by the doctrine of sovereign immunity. This action was brought by Bureau of Prisons (BOP) prisoner …
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