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Article • December 15, 2009 • from PLN December, 2009
$2.2 Million Settlement: Murder by Washington State Community Service Releasee by On October 17, 2008, the State of Washington settled a lawsuit brought by the survivors of a man killed by a man on community supervision for $2.2 million. Andrew J. Brown, a state prisoner in Washington State, was convicted …
Federal Prison Employees Convicted of Stealing Prisoners’ Meds by Gary Hunter On January 6, 2009, three former employees at the Buffalo Federal Detention Center in Batavia, New York pleaded guilty to misdemeanor charges of theft of government property. Richard Lawson, a captain and pharmacist; Lisa Schwab, a pharmacist technician; and …
Article • December 15, 2009 • from PLN December, 2009
Mental Illness Prevalent Among County Jail Prisoners, Especially Women by Gary Hunter A random sampling of 2,000 prisoners in five county jails found that, on average, nearly 15 percent of male prisoners and 31 percent of female prisoners suffer from serious mental illness. The study was headed by Dr. Henry …
Article • December 15, 2009 • from PLN December, 2009
Michigan’s Prison Industries Mismanaged and Unprofitable by David Reutter by David M. Reutter A June 2009 report issued by Michigan’s Office of the Auditor General on the performance of the state’s Bureau of Correctional Industries (BCI), which operates under authority of the Department of Corrections, listed several reportable conditions of …
Article • December 15, 2009 • from PLN December, 2009
AMA Study Finds Link Between Confinement and Hypertension by An American Medical Association (AMA) study found that incarceration is associated with future hypertension and left ventricular hypertrophy (LVH) among young adults. Untreated, this can lead to increased cardiovascular disease (CVD) mortality. Researchers conducted “a longitudinal investigation of CVD risk factors …
Article • December 15, 2009 • from PLN December, 2009
Judges: Umpires They Are Not by Brandon Sample U.S. Supreme Court Chief Justice John G. Roberts famously said during his confirmation hearing that judges are like umpires, each calling balls and strikes as they come. But is that really a fair comparison? “Batters” like Kevin Phelps and other prisoners who …
Class Action Alleging Unconstitutional Michigan Indigent Defense System Survives Summary Judgment by Michigan’s Court of Appeals has upheld the denial of a summary judgment motion filed by state officials in a class action lawsuit that claims indigent defendants subject to felony prosecutions in trial courts in three Michigan counties have …
Padilla v. Yoo: Obama administration backs appeal of Bush torture memo author by John Burton By John Burton 12 December 2009 Obama administration lawyers under the direction of Attorney General Eric Holder are once again supporting the dismissal of a civil case brought by a victim of illegal detention and …
Massachusetts Man’s Estate Resolves Wrongful Conviction Suit for $14.1 Million by David Reutter In July 2009, the estate of a man who served over 18 years in Massachusetts prisons for a murder and robbery he did not commit reached a $3.4 million settlement with 5 of the 6 insurers for …
Sikh Inmates Caught in Maze of Vague Rules by California state prisons continue to operate under a patchwork mosaic of policy for accommodating Sikh religion-mandated turbans and beards, despite three-year-old regulations specifically crafted to meet the community’s religious requirements. Many state prison facilities are unaware that the California Department of …
Citizen Complaints Against Police Officer not Exempt from Disclosure under Illinois FOIA by On July 20, 2009, the Illinois Court of Appeals affirmed in part, reversed in part and remanded for further proceedings the dismissal of a complaint filed by G. Mark Gekas against the Sheriff of Sangamon County seeking …
Article • December 15, 2009
Costs of Incarceration Assessed Upon Minnesota Detainees by Minnesota’s Court of Appeals has held that under Minn. Stat. § 641.12 subd. 3(a)(2008), a county may require a convicted offender to pay costs of confinement in a county jail that accrued before the offender was convicted. The statute provides, “A county …
Article • December 15, 2009
Defamation Claim Filed by Hawai'i Sex Offender Labeled as Murderer Dismissed by On June 30, 2009, a Hawai'i Appellate Court filed its decision affirming the trial court judgment to dismiss a complaint filed on September 11, 2002 by a convicted sex offender, Waldorf Roy Wilson. Defendants in the complaint were …
Article • December 15, 2009
District Court Orders California Prisoner Released Following Parole Denial by On July 7, 2009, a U.S. Magistrate Judge in California issued a favorable recommendation in response to a prisoner's petition for writ of habeas corpus. The petition was filed pursuant to 28 U.S.C. § 2254 by David Velasquez after the …
Article • December 15, 2009
Failure to Register as Sex Offender Convictions Reversed in Washington by A Washington Court of Appeals reversed and vacated Kenneth Howe’s convictions for failure to register as a sex offender. The convictions were based on Howe's prior California convictions for lewd acts on a child and failure to register, which …
Article • December 15, 2009
Living with Cellmate is “Cohabitation” in Florida and Voids Alimony by Florida’s Fourth District Court of Appeals has held that a woman who was sentenced to serve nine years in prison was cohabitating with “another person” and it voided her alimony under her marital settlement agreement. That agreement provided that …
New Mexico County Immigrant Neighborhood Searches Enjoined by A New Mexico federal district court has issued a preliminary injunction that prohibits the County of Otero from engaging in “unconstitutional stops, searches, seizures, and discrimination pursuant to ‘operation Stonegarden,’” which seeks to round up illegal immigrants. Before the Court was the …
New York City Jail Conditions Still Unconstitutional a Quarter Century Later by After 25 years of litigation, officials overseeing New York City jails are still unable to provide environmental conditions that do not violate the constitutional rights of the pretrial detainees they hold. As such, a federal district court refused …
Article • December 15, 2009
Nexus Between Offense and Current Dangerousness Finding Required for California Parole Denial by On June 30, 2009, a California appellate court modified then affirmed a superior court order granting habeas corpus relief to Marin Haro. Haro filed the petition in 2008 challenging California's Board of Parole Hearings' (Board) decision finding …
Article • December 15, 2009
One Day Delay in X-Ray of Broken Jaw Not Deliberate Indifference by The Eighth Circuit Court of Appeals held that a jail nurse’s one-day delay in having a prisoner’s broken jaw x-rayed was not deliberate indifference of a serious medical need. The ruling came in the appeal of Philander Jenkins, …
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