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Article • December 15, 2009 • from PLN December, 2009
California Struggles to House Sex Offenders by Michael Brodheim When California voters approved Proposition 83 (Jessica’s Law) in 2006, the non-partisan Legislative Analyst’s Office estimated that enforcement of the law’s provisions – which included GPS monitoring and banning sex offenders from living within 2,000 feet of a school or park …
$150,000 Settlement in Tennessee Jail Beating by Sullivan County, Tennessee has paid $150,000 to settle the claim of a former prisoner who was beaten at the county’s jail. The suit alleged the sheriff’s department failed to properly train and supervise jail guards, deliberately placed the prisoner in a dangerous situation, …
Article • December 15, 2009
Kicking the National Habit: The Legal and Policy Arguments for Abolishing Private Prison Contracts by Lucas Anderson By Lucas Anderson * I. Introduction II. Background A. Historical Perspectives and the Growth of the Private Prison Industry B. The Debate over Prison Privatization III. Prison Administration Is an Inherently Governmental Function …
Article • December 15, 2009
$3 Million Jury Award in Tasering Death of Schizophrenic Man by On March 2, 2009, a Harris County, Texas jury awarded the mother and estate of a man shocked to death by Harris County Precinct 1 Constable's Deputies $3,000,000. Joel Don Casey, a highly-functional schizophrenic, was calmly kicked back on …
Article • December 15, 2009 • from PLN December, 2009
Improbable Private Prison Scam Plays Out in Hardin, Montana by Alex Friedmann “Trouble, oh we got trouble, right here in River City! With a capital ‘T’ that rhymes with ‘P,’ and that stands for pool.” – Professor Hill The above quote is from The Music Man, a 1957 Broadway musical …
Article • December 15, 2009 • from PLN December, 2009
Behind Montana Jail Fiasco: How Private Prison Developers Prey on Desperate Towns by Justin Elliott With the unraveling of the deal for the shadowy American Private Police Force to take over and populate an empty jail in Hardin, Montana, it’s pretty clear that the small city got played by an …
Article • December 15, 2009 • from PLN December, 2009
From the Editor by Paul Wright With the end of the year we can look back at our accomplishments in the past year as well as our goals for the coming year. In 2009 PLN accomplished quite a bit. We published our first book, the Prisoners Guerrilla Handbook Guide to …
Private Prisons Don’t Make Better Prisoners by Andrew L. Spivak by Prof. Andrew L. Spivak The incarceration rate, which from the 1920s to the early 1970s hovered between about 100 to 120 state and federal prisoners per 100,000 Americans, has risen nearly fourfold. While the rate of increase has slowed …
Article • December 15, 2009 • from PLN December, 2009
Miami Sex Offenders Still Living Under Bridge; Lawsuits Fail to Solve Problem by David Reutter by David M. Reutter PLN has reported several times on the plight of Florida sex offenders forced to live under the Julia Tuttle Causeway in Miami due to restrictive sex offender residency laws. [See: PLN, …
Article • December 15, 2009
$11,000 Settlement for Arresting Wrong Person by On January 5, 2005, a settlement was reached in a complaint filed pursuant to 42 U.S.C. § 1983 against Sacramento County and various County law enforcement officials alleging Fourth and Fourteenth Amendment civil rights violations, as well as penal and civil code violations. …
Article • December 15, 2009
$15,000 Settlement for Amputated Finger by On February 2, 2007, Anthony Jose Gonzales accepted a $15,000 settlement from Sacramento County, California for the loss of his right-middle finger, which was amputated due to infection while he was being held in the County's Main Jail for drug possession. The settlement was …
Article • December 15, 2009
$32,527 Settlement for Woman Sexually Abused by Work Release Guard by California’s Sacramento County had paid $32,527 to Shantel Franklin, who filed a lawsuit for the sexually abusive acts of Sacramento County Sheriff’s Deputy James Perkins. Franklin began serving the part of her sentence that required her to work in …
$58,333 Settlement for Transgendered Woman’s Sacramento Jail Assault and Sexual Harassment by California’s County of Sacramento has paid $58,333.33 to settle the lawsuit of Richardo Medina-Tejada, who claimed that as a post-operative transgender male-to-female pretrial detainee at the Sacramento County Jail, she was placed in housing with male prisoners who …
$125,000 Paid For Illegal Colonoscopy to Search for Drugs by On July 18, 2009, a New York State parolee, Tunde Clement, agreed to a $125,000 settlement in a lawsuit he filed in 2007 against Albany County, New York and Albany Medical Center Hospital. Clement's attorney, John F. Queenan, claimed his …
Abu Ghraib Abuses Not Covered by Insurance Policy by The Fourth Circuit Court of Appeals has affirmed a Virginia federal district court’s order that held an insurance policy obtained by a company who was sued for detainee torture in Iraq has no duty to defend the company because the events …
Alabama Guards Get Qualified Immunity for Failing to Prevent Rape of 11-Year-Old Prisoner by The Eleventh Circuit Court of Appeal has held that guards are entitled to qualified immunity on federal claims, but not to Alabama state-agent immunity on state-law claims, in a lawsuit involving the rape of an eleven-year-old …
California Pretrial Detainees Who Are Mentally Incompetent to Stand Trial Responsible for Treatment Costs by California’s Fifth District Court of Appeals has held “there is no equal-protection violation in the legislative determination that estates of individuals committed to state hospitals pursuant to Penal Code section 1368 as pretrial detainees may …
Article • December 15, 2009
California Prisoner Granted Habeas Relief After Parole Denial by On July 16, 2009, a U.S. Magistrate Judge filed his report and recommendation on a petition for writ of habeas corpus brought by California prisoner, Maria Nestle. The petition challenged the decision of the California Board of Parole Hearings (Board) finding …
Article • December 15, 2009
Imprisoning Rights: The Failure of Negotiated Governance in the Prison Inmate Grievance Process by Van Swearingen by Van Swearingen* Introduction Prisons are not meant to be particularly hospitable places; punishment as a goal of imprisonment implies a certain level of discomfort. Since the establishment of punishment by incarceration, prison conditions …
Arizona Jail’s Medical Failures Due to Inadequate Record Keeping, Understaffing by Matthew Clarke by Matt Clarke Medical care for approximately 10,000 prisoners in the Maricopa County jail system is an abject failure. That may explain why the Arizona county, which is the fourth largest in the nation, has had to …
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